Comments on Access and Benefit-Sharing Provisions of the Biodiversity Bill Rachel Wynberg & Markus Burgener On behalf of IUCN-South Africa

Background to project 2 yr GTZ-funded research project focused on access and benefit-sharing Independent team of lawyers and policy analysts Ongoing analysis of drafts of the Biodiversity Bill Looking at international and South Africa experiences

What is bioprospecting? The exploration of biodiversity for commercially valuable biological (incl. biochemicals) and genetic resources Can also include collection of traditional knowledge about biodiversity from local communities It does not include all research on biodiversity or any commercial use of biodiversity Bioprospecting is not a development panacea and often the greatest benefits (if any) are non-monetary

Why legislation? Convention on Biodiversity sets new framework for “access and benefit-sharing”: provider of genetic resources get benefits in return for granting access to resources or knowledge Legal vacuum has resulted in South Africa losing out on opportunities, a ‘free for all’, and confusion Legislation needed both to encourage investment and to optimise benefits But important not to over-regulate and to minimise ‘transaction costs’

Comments on the Bill: Key Issues Institutional arrangements present constraints: - No central focal point - Stakeholder involvement and transparency in decision-making need attention Procedures may be too cumbersome Holders of traditional knowledge are excluded

Comments on the Bill: Key Issues Benefit-sharing provisions require broadening Need to ensure negotiations take place on an equal footing Weak requirements for prior informed consent Limiting definitions

Recommendations Establish central focal point with input from provinces Establish Bioprospecting Council for stakeholder involvement Publish bioprospecting proposals Reduce requirements for Ministerial approval Benefit-sharing: scope, principles,mechanisms Provide for facilitator

Recommendations Clarify Prior Informed Consent procedures Broaden definitions Dovetail with legislation to protect indigenous knowledge (DST) and farmers’ rights (NDA)

Contact Details Rachel Wynberg Tel: (021) 788 7677 Rachel@iafrica.com Markus Burgener Tel: (021) 799 8673 Burgener@nbict.nbi.ac.za