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CHALLENGES IN NEGOTIATING AND IMPLEMENTING ABS AGREEMENTS: A TEN YEAR EXPERIENCE FROM AN NGO IN CAMEROON Access and Benefit Sharing Management Tool (ABS – MT) International Stakeholder Workshop 27 and 28 November 2006, Costa Rica Augustine B. Njamnshi and Johnson G. Jato, Bioresources Development and Conservation Programme Cameroon
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ABOUT BDCPC BDCP-Cameroon is registered as a non- governmental, not-for-profit membership organization (NGO) BDCP-Cameroon is registered as a non- governmental, not-for-profit membership organization (NGO) The mission of BDCPC is to promote Research and development (R&D) through effective partnerships and networking. The mission of BDCPC is to promote Research and development (R&D) through effective partnerships and networking. Preserve traditional conservation methods, develop long-term strategies to ensure sustainable use of biodiversity, drug discovery, carry out biodiversity inventories and surveys, and to promote environmental law and policy development. Preserve traditional conservation methods, develop long-term strategies to ensure sustainable use of biodiversity, drug discovery, carry out biodiversity inventories and surveys, and to promote environmental law and policy development.
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SHAMAN PHARMACEUTICALS INC Shaman Pharmaceuticals Inc. a company which had a unique system of compensation for ethno biological knowledge - short term, medium term and long term compensation in addition to royalties Shaman Pharmaceuticals Inc. a company which had a unique system of compensation for ethno biological knowledge - short term, medium term and long term compensation in addition to royalties Shaman became interested in work in Cameroon after a visit in March 1995 to determine the possibilities for future collaboration and the institutional capacity of the country to support such work. Shaman became interested in work in Cameroon after a visit in March 1995 to determine the possibilities for future collaboration and the institutional capacity of the country to support such work.
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SHAMAN/BDCPC COLLABORATION 1. Training courses in ethno biology and field taxonomy basic plant taxonomy, basic plant taxonomy, classification, classification, herbarium sample preparation herbarium sample preparation ethnographic data collection ethnographic data collection
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SHAMAN/BDCPC COLLABORATION 2. The diabetes field survey - The search for plants that treat non-insulin dependent diabetes mellitus (NIDDM) - Trained ethnobotanists had to collect field in collaboration with the traditional healers of their areas of origin. - Those that showed some activity were to be recollected again o request from Shaman Pharmaceuticals.
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Benefit Sharing Immediate reciprocity and compensation Immediate reciprocity and compensation Each ethnobotanist had an amount of money that they disbursed to the collaborating healers Each ethnobotanist had an amount of money that they disbursed to the collaborating healers Collaborating Institutions also received some form of immediate in kind support Collaborating Institutions also received some form of immediate in kind support Training in ethno biology and field Taxonomy Training in ethno biology and field Taxonomy Long Term Benefits Long Term Benefits BDCPC has been informed that although Shaman was no more, the new company that bought the data still has the same benefit sharing commitment as was Shaman. I is hoped that when a drug finally makes it to the market, Cameroon will still benefit. BDCPC has been informed that although Shaman was no more, the new company that bought the data still has the same benefit sharing commitment as was Shaman. I is hoped that when a drug finally makes it to the market, Cameroon will still benefit.
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CHALLENGES IN NEGOTIATION No comprehensive (stand alone) ABS in Cameroon No comprehensive (stand alone) ABS in Cameroon The other Party i.e. Shaman was from America which had not signed the CBD The other Party i.e. Shaman was from America which had not signed the CBD Multiple State Actors in (MINREST, MINEF etc) Multiple State Actors in (MINREST, MINEF etc) Some terms of the contract brought I some tensions egg courts of jurisdiction Some terms of the contract brought I some tensions egg courts of jurisdiction
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CHALLENGES IN IMPLEMENTATION Compensation for participating state institutions was in kind and not in cash (i.e. who determines what their needs are) Compensation for participating state institutions was in kind and not in cash (i.e. who determines what their needs are) The fact that traditional healers had to take what they diagnosed as diabetes for lab tests was not common for them and this narrowed down the choice of the healers The fact that traditional healers had to take what they diagnosed as diabetes for lab tests was not common for them and this narrowed down the choice of the healers High expectations especially as parties thought at the time that using traditional knowledge will cut down the time frame. High expectations especially as parties thought at the time that using traditional knowledge will cut down the time frame.
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CHALLENGES IN IMPLEMENTATION continued Technically we were not able to maintain some standards Technically we were not able to maintain some standards Shaman was declared bankrupt at some time and was sold. It has passed through so many hands and it now has a different name. We were not officially consulted although we still maintain contact with company Shaman was declared bankrupt at some time and was sold. It has passed through so many hands and it now has a different name. We were not officially consulted although we still maintain contact with company We only depend on the “good faith" We only depend on the “good faith"
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THE MT IN CAMEROON Cameroon is a biodiversity rich country Cameroon is a biodiversity rich country Some of genetic resources from Cameroon have found their way to the international mkt Some of genetic resources from Cameroon have found their way to the international mkt Prunus Africana is one of them and has been exploited since 1972 Prunus Africana is one of them and has been exploited since 1972 Communities are getting more concious about the sustainable use of these resources Communities are getting more concious about the sustainable use of these resources They find themselves exposed to competition with purely commercial competitors They find themselves exposed to competition with purely commercial competitors
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WHAT STAGE IS THE MT IN CAMEROON Have agreed the local community to test the MT Have agreed the local community to test the MT Have contacted the government institutions Have contacted the government institutions Have had one capacity building workshop with one community Have had one capacity building workshop with one community Other communities have asked us to do the workshop with them Other communities have asked us to do the workshop with them
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GENERAL CHALLENGES High hopes and many expectations from the communities High hopes and many expectations from the communities Bioprospecting highly pre-disposed for stigmatization Bioprospecting highly pre-disposed for stigmatization Technology transfer is very rudimentary Technology transfer is very rudimentary
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How the MT can Address These General Challenges An awareness raising tool An awareness raising tool Capacity Building workshops facilitates gov’t, local communities and other stake holder dialogue Capacity Building workshops facilitates gov’t, local communities and other stake holder dialogue Given the opportunity should be tested in many different scenarios within a country before drawing a conclution. Given the opportunity should be tested in many different scenarios within a country before drawing a conclution.
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THANKS FOR YOUR ATTENTION
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