PRESENTATION TO THE SELECT COMMITTEE ON LAND AND

ENVIRONMENTAL AFFAIRS TOWARDS THE RATIFICATION OF THE NAGOYA PROTOCOL

ON ACCESS AND BENEFIT SHARING

13 September 2012

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PRESENTATION OUTLINE1. Purpose2. National Context3. Background4. Status of the Nagoya Protocol on ABS

-International

5. Intention to Ratify6. Benefits of Ratification7. Conclusion and recommendations

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Purpose1. To provide PC with background on the Nagoya

Protocol on: • Access to genetic resources and • Fair and equitable sharing of benefits arising from

their utilization. 2. To brief PC on:• The status quo of the Nagoya Protocol on ABS

and• The intention of the RSA to ratify the protocol3. To request the PC to recommend to the Council

that the RSA ratifies the Protocol

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National Context• Chapter 6 of NEMBA give effect to ABS through

Regulations• Defines Bioprospecting• Phases of Bioprospecting• Agreements for Access and Benefit Sharing• Identification of beneficiaries• DEA signed 8 permits • This legislation is supported by NEMA, NEMPAA, Patent

Amendment Act (DTI), IKS policy (DST), CARA and the Forest Act (DAFF), relevant Provincial Ordinances as well as the TOPS and CITES Regulations of NEMBA.

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Background• The Nagoya Protocol on ABS is an international agreement

adopted at the CBD-COP10 in Nagoya, Japan in Oct 2010.• The objective of this Protocol is “the fair and equitable sharing of the

benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.”

• Negotiations on the Protocol started in 2005, following a call for action by the WSSD in Johannesburg in 2002, to negotiate an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources and associated traditional knowledge (TK).

• The call was later acted upon by the CBD-COP7 in 2004 which established an Ad Hoc Open-ended Working Group on ABS.

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Background cont….• Polarised between the developed and

developing countries• Contentious issues were:a.Technology transferb.Respect of national lawsc. Capacity buildingd.Controlse.Retrospective issuesf. Accessg.Sharing of benefits

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Status of the Nagoya Protocol on ABS International Level:• Opened for signature by Parties to the CBD from 2

Feb 2011 until 1 Feb 2012 at the UN Headquarters in New York.

• The Protocol has to date been signed by 92 countries.• South Africa signed the Protocol on the 11th May

2011.• The Protocol has been ratified 5 countries thus far. • The Protocol will enter into force on the 90th day after

the date of deposit of the 50th instrument of ratification, acceptance, approval or accession.

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Status of the Nagoya Protocol on ABS National Level:Legal opinions obtained from:

• Department of Justice and Constitutional Development, with a view to identify possible conflicts with domestic law.

Not in conflict.• Department of International Relations and Cooperation, to confirm

whether the Protocol is “technical, administrative or executive” in nature.

Requires ratification as it is not technical, administrative or executive.

• Department of Environmental Affairs, with a view to establish possible conflicts with South Africa’s environmental legislation.

Not in conflict.

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Intention to ratify and consultation process

Stakeholder engagements:• Relevant National and Provincial Departments• Relevant National and Provincial Public Entities• Non-Government Organisations• Business community• Civil society• Research and academic institutions• Regional (Africa) and sub-regional

organizations (SADC)9

Benefits of Ratification• Will enhance the fair and equitable sharing of benefits

arising from use of genetic resources & associated TK.• Strengthening compliance and enforcement particularly

once material have left country of origin. • Strengthening the implementation of national legislation.• Contribute to research and development in the

pharmaceuticals, cosmetics, neutraceuticals, agriculture and many other sectors.

• Technology and skills transfer.• Enhance socio-economic development through job

creation, improving health system, SMMEs etc

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Recommendations

The Select Committee to:

• take note of the background and status of the Nagoya Protocol on ABS under the Convention on Biological Diversity; and

• recommend to the Council that the Republic of South Africa ratifies the Nagoya Protocol on ABS.

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THANK YOU

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