Access and Benefit Sharing Under the Nagoya Protocol—Quo Vadis? Six Latin American Case Studies Assessing Opportunities and Risk

Abstract

Conclusions: Different policies in the six countries result in very diverse strategies and opportunities relating to the equitable use of biodiversity. A long-term strategy is required to facilitate a better understanding of the treaties and the resulting opportunities for a fairer development and implementation of transparent national polices, which currently differ in the six countries. So far, the benefits envisioned by the CBD and the NP remain unfulfilled for all stakeholders involved including local communities.

A need for recalibrating access and benefit sharing

“…The intent of the CBD was to “facilitate” access to genetic resources and ATK in order to encourage sustainable and responsible use, with benefits shared with the providers. Today, however, burdensome ABS regimes create a clear bottleneck for collaboration, research, and development, and thereby neither facilitate access enabling sustainable use, nor result in substantial sharing of benefits (Alves et al , 2018; Dos S Ribeiro et al , 2018; Heinrich et al, 2020; Milieu Ltd., 2020; Williams et al , 2020; Bertioli et al , 2021; Mekonnen & Spielmann, 2021). These constraints and their unintended consequences create barriers to academic research and commercial development.…”

Balancing openness with Indigenous data sovereignty: An opportunity to leave no one behind in the journey to sequence all of life

“…It has included decades of taking and using Indigenous samples and data without adequate consent and consultation ( 24 , 25 ); Indigenous data and samples not being properly attributed or acknowledged as coming from Indigenous lands and waters; Indigenous data being misused through bioprospecting and biopiracy ( 26 – 28 ); Indigenous data being scientifically interpreted without cultural or contextual knowledge ( 29 ); and researchers who have claimed authority over the Indigenous world by relying on quantitative data rather than traditional knowledge and lived experience ( 30 ). Furthermore, the failure of researchers to disseminate research outcomes respectfully through mechanisms that are meaningful and applicable to Indigenous partners, such as asset-based approaches ( 31 ), has fomented a sense of a lack of control, lack of access, lack of opportunities to derive benefits from the use of traditional knowledge and genetic resources, and a lack of opportunity to integrate traditional ways of knowing into research plans ( 32 ). Through asset-based approaches, results can be communicated more meaningfully and ameliorate the five D’s of statistical data on Indigenous Peoples: disparity, deprivation, disadvantage, dysfunction, and difference ( 33 ).…”

Green Health in Guatemala: How can we build mutual trust and partnerships to develop an evidence-base for local medicines and realize their potential?

“…One permission was granted for a non-commercial study of gene flow in mahogany (Swietenia macrophylla) populations in the Maya Biosphere Reserve of Petén (van Zonneveld et al, 2018). The current implementation of the international biodiversity regulation was recently assessed (Heinrich et al, 2020). As noted, Guatemala has no legislation regulating ABS and the regulatory core weaknesses that we identified include:…”

“…There can be no doubt that the project was both well-intended and was based on aims to achieve mutually agreed terms for using biological resources and for benefit sharing, as well as conserving biodiversity. However, the project came under serious criticism which resulted in the project's termination in 2000. , The implementation of access and benefit sharing instruments was then stipulated much more explicitly in the Nagoya protocol but remains problematic (Heinrich et al, 2020). Therefore, the Green Health Project is, to our knowledge, the first intercultural ethnopharmacological North-South consortium that brings together local communities, researchers, and pharmaceutical industry in Guatemala and beyond.…”