Environment
Convention on Biological Diversity (the CBD)
The Convention on Biological Diversity (the CBD) is a multilateral treaty with 191 parties, including Australia. The primary aim of the CBD is the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the use of genetic resources. Australia ratified the CBD on 18 June 1993. More information on the CBD generally can be found at Convention on Biological Diversity website.
Negotiations for an International Regime on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising out of their utilisation under the CBD
The CBD sets out principles and obligations parties regarding access to their genetic resources and the fair and equitable sharing of benefits arising out of the utilisation of these resources. Negotiations are currently underway for an international regime under the CBD to assist parties fulfil these access & benefit-sharing obligations. With around ten percent of the world's biodiversity, and as both a user and provider of genetic resources, Australia has a significant interest in these negotiations. These negotiations offer an opportunity to develop a system to deliver certainty to users of genetic resources, and associated traditional knowledge. It is possible the negotiations will result in a legally binding agreement.
Australia is actively engaged in these negotiations. Australia’s overall objective is a workable, predictable and cost-effective international regime, which is consistent with our current domestic measures and is aimed at improving and supporting the national implementation of the access and benefit sharing obligations under the CBD.
The Department invites you to submit your views on the potential international regime.
What is "access"; "benefit sharing" and "genetic resources"?
"Genetic resources" are defined in the CBD as "genetic material of actual or potential value". The CBD Secretariat website notes that genetic resources, whether from plant, animal or micro-organisms, are used for a variety of purposes ranging from basic research to the development of products. Access to genetic resources is important because scientific researchers and industry rely on access to genetic resources in Australia and other countries to develop many products including food, cosmetics and medicines. Fair and equitable benefit-sharing derived from genetic resources is aimed at contributing to sustainable development and poverty reduction in biodiversity-rich countries. The benefit may be, for example, transferring technologies; sharing results from research; monetary benefits; or royalties.
What are our current domestic access and benefit sharing arrangements?
Anyone can request access to genetic resources from Australian plants and animals for research or commercialisation. Each of the nine governments within Australia is responsible for establishing its own permit system accordance with its existing administrative circumstances. For more information on how access to genetic resources is dealt with in Australia visit Australia's Biological Resources (Department of the Environment, Water, Heritage and the Arts)
Have your say
A Working Group on Access and Benefit-sharing has been mandated to finalise the negotiations of the international regime before the next CBD Conference of the Parties in Nagoya, Japan in October 2010 (COP 10). The next meeting of the Working Group on Access and Benefit-sharing will take place in Montreal from 9 - 15 November 2009; preceded by a meeting of the Working Group on Article 8(j) to discuss the treatment of traditional knowledge in the international regime from 2 - 6 November 2009. The final meeting of the Working Group is scheduled for March 2010, allowing six months to consider the terms of the international regime prior to it being submitted at COP 10 for adoption by the CBD parties.
Australia will participate in all of these meetings. The Department of Foreign Affairs and Trade will lead Australia's delegation. The Department is keen to ensure that all Australian stakeholders views are considered. Already, the department has contacted stakeholders from Indigenous groups, industry, academic and research organisations; State and Territory government.
You are invited to submit your views on the international negotiations to the department at genetic.resources@dfat.gov.au.
The Co-Chairs of the Working Group on Access and Benefit-sharing (Mr Tim Hodges, Canada and Mr Fernando Casas, Colombia) visited Australia from 13 - 24 September 2009. The Co-Chairs met with a number of Australian stakeholders including: participants at the Biodiversity, Biodiscovery and Traditional Knowledge forum hosted in Canberra on 14 September 2009 by the Australian Government and the United Nations University; the Biodiversity Working Group and Industry Panel; relevant Commonwealth government agencies and the Indigenous Advisory Committee.