ABS Management Tool Sponsored by: SECO and UNU/IAS Organized by: IISD, Stratos Inc., Jorge Cabrera ABS Management Tool International Stakeholder Workshop 27 and 28 November 2006 Costa Rica Implementation Approaches and Options

2 Objective Assess the feasibility and conditions for the ABS – MT to be developed into a formal or broadly accepted tool for implementation and/or voluntary compliance with the CBD, the Bonn Guidelines and the emerging International Regime

3 Why Implement the ABS-MT more Formally?  Distinguish between specific access and use practices which are compliant with the CBD and Bonn Guidelines and which are not  Provide a level of certainty to users that specific access/acquisitions of GR are legitimate:  legal requirements met and accepted good practices followed  avoid claims of bio piracy  Safeguard the interests of providers in specific negotations through informed access and sharing of benefits

4 Possible Approaches for Implementation of the ABS-MT Voluntary Compliance Standards Prior Informed Consent Mutually Agreed Terms Benefit Sharing Traditional Knowledge Conservation & Sustainable Use Conservation & Sustainable Use Community and Indigenous Participation ABS Practice Guidance Internal Management Systems Good Practice Guidance Codes of Practice Voluntary Standards Verifiable Standards Certification System Support Mechanisms Adoption by Other Standards Adoption in National Law Recognition by the CBD

5 Challenges for Implementation  Establishing clear need  Stakeholder awareness and buy-in  Confusion or duplication among standards  Clarity on link to legal requirements  Provider capacity  Tracking genetic resources up the supply/use chain

6 Options 1.Establish an international ABS Office to promote use of the ABS-MT 2.Formalize an ABS voluntary standard: a)Good practice standard b)Verifiable standard 3.Adoption by other standards 4.Recognition by the CBD

7 Option 1 International ABS Office Voluntary Compliance Standards Prior Informed Consent Mutually Agreed Terms Benefit Sharing Traditional Knowledge Conservation & Sustainable Use Conservation & Sustainable Use Community and Indigenous Participation ABS Practice Guidance Purpose Promote, track, provide guidance on ABS MT use Functions a) Information source, track practices b) Advice, support, training Governance - M-S partnership, in existing org’n

8 Option 2 ABS Standard Voluntary Compliance Standards Prior Informed Consent Mutually Agreed Terms Benefit Sharing Traditional Knowledge Conservation & Sustainable Use Conservation & Sustainable Use Community and Indigenous Participation ABS Practice Guidance 2A – Good Practice Standard 2B – Verifiable Standard Purpose: Voluntary compliance to Bonn Guidelines Functions: -commitment to adhere to std. + move to best practice -benchmark - self assessment or verification Governance - existing or new standards or certification org’n

9 Option 3 Adoption of the ABS MT by other Standards/ Guidelines Voluntary Compliance Standards Prior Informed Consent Mutually Agreed Terms Benefit Sharing Traditional Knowledge Conservation & Sustainable Use Conservation & Sustainable Use Community and Indigenous Participation ABS Practice Guidance 3A – Add ABS std. to existing biol. res. std. 3B – Add’l guidance on existing ABS guidelines Purpose: strengthen ABS in other standards; or more detailed guidance in ABS guidelines Governance: agreement to use by other organizations; or, existing int’l org’n to steward its use

10 Option 4 Recognition by the CBD Voluntary Compliance Standards Prior Informed Consent Mutually Agreed Terms Benefit Sharing Traditional Knowledge Conservation & Sustainable Use Conservation & Sustainable Use Community and Indigenous Participation ABS Practice Guidance Purpose: Provide instrument for compliance to CBD Functions: Standard of practice to be followed Governance: CBD Parties apply in own country; dissemination by CBD Secretariat or other international organization

11 Attributes to Test Options  Focus on key aspects of compliance + good practice  Practical to use  Credibile with stakeholders  Clear niche – not overlap with existing standards  Credible governance + implementation process  Willingness of GR users+consumers to support cost  Does it have/can it gain legitimacy and credibility among a wide range of ABS interests?  Can the necessary incentives be put in place for users, in particular, to apply the ABS- MT in their activities when accessing and using GR?

12 Questions 1)What is the purpose to be served by formalization/broad application of the ABS-MT? 2)Does the MT meet a need/fill a niche? 3)What is most suitable/feasible option? 1)which one 2)a combination 3)other 4)Who needs to be involved? 5)What are initial steps toward implementation?