Convention on Biological Diversity (the CBD)

The Convention on Biological Diversity (the CBD) is a multilateral treaty with 193 parties, including Australia.
The three objectives of the CBD are:

• 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 Benefit-sharing under the CBD

Negotiations are underway to establish an international regime to assist Parties fulfil the access and benefit-sharing obligations under the CBD. A Working Group on Access and Benefit-sharing has been mandated to elaborate and negotiate the international regime with the aim of adopting an instrument/instruments to effectively implement the provisions in Article 15 (Access to Genetic Resources) and Article 8(j) (Traditional Knowledge) of the CBD, and its three objectives. The Working Group has been instructed to finalise these negotiations by the tenth Conference of the Parties, to be held in Nagoya, Japan from 18 to 29 October 2010 (COP10).

The most recent meeting of the Working Group took place in Montreal, Canada from 18-21 September 2010. The Department of Foreign Affairs and Trade led the Australian government delegation at this meeting, which included representatives from the Department of Sustainability, Environment, Water, Population and Communities, the Department of Health and Ageing and the Indigenous Advisory Committee (established under the Environment Protection and Biodiversity Conservation Act 1999).

In Montreal, Parties continued to negotiate on the basis of draft text which is packaged as a legally binding protocol to the CBD. In an attempt to fulfil the mandate of the Working Group, one further meeting has been scheduled prior to COP-10 from 13-17 October in Nagoya, Japan.

The draft text, in its current form, provides a framework governing access to genetic resources and (where applicable) associated traditional knowledge. Parties would be obliged to implement measures (ie, checkpoints) to ensure genetic resources used within their jurisdiction had been obtained in accordance with the applicable ABS measures of the provider country. An ABS Clearing House would provide guidance on which countries required permission prior to accessing their genetic resources, and could direct researchers and developers to the relevant ABS Focal Point in the country of interest.

Associated traditional knowledge

The ABS Working Group is also considering how traditional knowledge used in association with genetic resources should be addressed in the international regime. Article 8(j) of the CBD deals with traditional knowledge relevant for the conservation and sustainable use of biological diversity and provides for the equitable sharing of benefits arising from the utilisation of such knowledge, innovations and practices.

Under the current draft text, Parties would be obliged to establish mechanisms, with the effective participation of the indigenous and local communities concerned, to inform potential users of traditional knowledge associated with genetic resources of their obligations regarding access to and benefit-sharing from the use of this knowledge.

What are 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 in 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

The department is keen to hear the views of Australian stakeholders. The department has regularly consulted with stakeholders from Indigenous groups, industry, academic and research organisations and state and territory governments. If you would like to share your views on the current text please send an email to genetic.resources@dfat.gov.au.