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Biopolicy Journal
Pontificia Universidad Católica de Valparaíso
ISSN: 1363-2450
Vol. 2, Num. 1, 1997
Biopolicy, Vol2, Paper 2 (PY97002) February 2nd 1997
Online Journal, URL: http://bioline.bdt.org.br/py

Guest Editorial: Access to genetic resources and the Andean Pact

Vanderlei Canhos

Director, Base de Dados Tropical, Campinas, Brazil

Code Number: PY97002
Size of Files:
    Text: 6K
    No associated graphics files

The publication of PY97001, Camacho & Giaquinto, in Biopolicy has drawn attention to some of the problems associated with access to genetic resources and technology transfer met by a group in Ecuador. Since the preparation of this paper, there has been political activity in the drafting of the Andean Pact that will have implications for such groups. This brief editorial provides information on this that may be useful for others in the region and elsewhere.

The Convention on Biological Diversity (CBD) has established a new international legal framework governing access to genetic resources and the sharing of benefits derived from their utilization.

The CBD provides countries with the opportunity to assert sovereignty over their genetic resources and many countries are taking measures to establish national legislation on genetic resources access and developing procedures to implement the legislation.

An excellent review on the recent developments on the issue is the document "Managing Access to Genetic Resources: Towards Strategies for Benefit Sharing" (Mugabe et al, 1996) published by ACTS Press (African Centre for Technology Studies, Nairobi, Kenya, e-mail: acts@arso.sasa.unon.org).

The document stresses that access to genetic resources must be on "mutually agreed terms" (MAT) and with "prior informed consent" (PIC) of the providing Party. The importance of developing MATs and legally-binding PICs and mechanisms to carry them out is one of the highest priorities for countries wishing to regulate access to genetic resources and share the benefits of their use.

The PIC, addressed by Article 15(5) of the Convention, is the basis for monitoring and controlling the collection of material. Countries should therefore establish national legislation that makes importation of genetic material without complying with PIC requirements of the providing country illegal.

The Andean Pact - comprising Bolivia, Colombia, Ecuador, Peru and Venezuela - have formulated a draft common law on access which covers genetic resources and derivatives.

    Ruiz, M. 1996. "A genetic resources access regime for the Andean Pact countries: Issues and experiences". In Access to Genetic Resources, edited by J. Mugabe et al. Nairobi: Acts Press/Initiative Publishers. Forthcoming.
    (email: acts@arso.sasa.unon.org)

The formulation of the Andean Pact legislation was done through a consultative process involving governmental agencies, NGOs, lawyers, and representatives from research institutions and private companies. Technical aspects of the draft Andean Pact Common Regime will be handled by the Andean Pact Administrative Organ, Junta del Acuerdo de Cartagena (JUNAC).

    Comision del Acuerdo da Cartagena: 1996. Decision 391: Regimen Comum sobre Acceso a los Recursos Geneticos. Gaceta Oficial, Ano XII - Numero 213, Lima, 17 de Julio de 1996.

Regulation of access to genetic resources is a new area of law, and developing countries need to build capacity to develop and implement new technically sound and politically robust legislation. Information on existing experiences is fundamental to develop workable procedures.

Relevant CBD documents are the following:

UNEP/CBD/COP/2/13 - Access to genetic resources and benefit- sharing: legislation, administrative and policy information.

UNEP/CBD/COP/3/20 - Access to genetic resources

UNEP/CBD/COP/3/Inf.19 - Access to microbial genetic resources

UNEP/CBD/COP/3/Inf.49 - The Biotrade Initiative: A new approach to biodiversity conservation and sustainable development.

UNEP/CBD/COP/3/Inf.53 - Fair and equitable sharing of benefits arising from the use of genetic resources.

These may all be obtained online from the World Wide Web address http://www.unep.ch/bio/conv-e.html

Additional related information on Ecuador and biodiversity can be obtained from the following documents available online:

Published by Bioline Publications
Editorial Office: biopol@biostrat.demon.co.uk

Biopolicy, Vol2, Paper PY97002, 1997
Online Journal, URL: http://bioline.bdt.org.br/py

Guest Editorial: Access to genetic resources and the Andean Pact

Vanderlei Canhos

Director, Base de Dados Tropical, Campinas, Brazil

Code Number: PY97002
Size of Files:
    Text: 6K
    No associated graphics files

The publication of PY97001, Camacho & Giaquinto, in Biopolicy has drawn attention to some of the problems associated with access to genetic resources and technology transfer met by a group in Ecuador. Since the preparation of this paper, there has been political activity in the drafting of the Andean Pact that will have implications for such groups. This brief editorial provides information on this that may be useful for others in the region and elsewhere.

The Convention on Biological Diversity (CBD) has established a new international legal framework governing access to genetic resources and the sharing of benefits derived from their utilization.

The CBD provides countries with the opportunity to assert sovereignty over their genetic resources and many countries are taking measures to establish national legislation on genetic resources access and developing procedures to implement the legislation.

An excellent review on the recent developments on the issue is the document "Managing Access to Genetic Resources: Towards Strategies for Benefit Sharing" (Mugabe et al, 1996) published by ACTS Press (African Centre for Technology Studies, Nairobi, Kenya, e-mail: acts@arso.sasa.unon.org).

The document stresses that access to genetic resources must be on "mutually agreed terms" (MAT) and with "prior informed consent" (PIC) of the providing Party. The importance of developing MATs and legally-binding PICs and mechanisms to carry them out is one of the highest priorities for countries wishing to regulate access to genetic resources and share the benefits of their use.

The PIC, addressed by Article 15(5) of the Convention, is the basis for monitoring and controlling the collection of material. Countries should therefore establish national legislation that makes importation of genetic material without complying with PIC requirements of the providing country illegal.

The Andean Pact - comprising Bolivia, Colombia, Ecuador, Peru and Venezuela - have formulated a draft common law on access which covers genetic resources and derivatives.

    Ruiz, M. 1996. "A genetic resources access regime for the Andean Pact countries: Issues and experiences". In Access to Genetic Resources, edited by J. Mugabe et al. Nairobi: Acts Press/Initiative Publishers. Forthcoming.
    (email: acts@arso.sasa.unon.org)

The formulation of the Andean Pact legislation was done through a consultative process involving governmental agencies, NGOs, lawyers, and representatives from research institutions and private companies. Technical aspects of the draft Andean Pact Common Regime will be handled by the Andean Pact Administrative Organ, Junta del Acuerdo de Cartagena (JUNAC).

    Comision del Acuerdo da Cartagena: 1996. Decision 391: Regimen Comum sobre Acceso a los Recursos Geneticos. Gaceta Oficial, Ano XII - Numero 213, Lima, 17 de Julio de 1996.

Regulation of access to genetic resources is a new area of law, and developing countries need to build capacity to develop and implement new technically sound and politically robust legislation. Information on existing experiences is fundamental to develop workable procedures.

Relevant CBD documents are the following:

UNEP/CBD/COP/2/13 - Access to genetic resources and benefit- sharing: legislation, administrative and policy information.

UNEP/CBD/COP/3/20 - Access to genetic resources

UNEP/CBD/COP/3/Inf.19 - Access to microbial genetic resources

UNEP/CBD/COP/3/Inf.49 - The Biotrade Initiative: A new approach to biodiversity conservation and sustainable development.

UNEP/CBD/COP/3/Inf.53 - Fair and equitable sharing of benefits arising from the use of genetic resources.

These may all be obtained online from the World Wide Web address http://www.unep.ch/bio/conv-e.html

Additional related information on Ecuador and biodiversity can be obtained from the following documents available online:

Published by Bioline Publications
Editorial Office: biopol@biostrat.demon.co.uk

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