International Development Law Organization

Advancing the Nagoya Protocol: E-Learning Modules

 

Interested in the basics of how to build domestic legislative, administrative and policy measures to implement the Nagoya Protocol? Learn about the core issues of implementation in these e-learning modules.

Before getting started, want a quick introduction to the concept of access and benefit-sharing or ABS? Check out the ABS - Simply Explained video by the ABS Capacity Development Initiative.


Designing ABS Measures – An Introduction

1. Legal Reform

A core step to implementing the Protocol is to develop legislative, administrative and policy measures to operationalize its provisions at the domestic level. In Module 1, you will learn about indicative steps of legal reform to take, and options to consider in defining a best-fit approach tailored to your specific national ABS priorities and potential.

What are early steps to support the design of ABS Measures?​

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2. Policy Setting

Defining an ABS policy or strategy is a key first step to take in implementing the Nagoya Protocol. In this module, you will learn useful steps to take in the policy-setting process, consider range of possible ABS policy objectives and approaches, and read about some ABS policies developed to date.

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3. Institutional Arrangements

Specific institutions will be needed to support the functioning of domestic ABS regimes, starting with a National Focal Point and Competent National Authority. In this module, you will find out the types of institutional functions outlined in the Nagoya Protocol, and look at options for the national institutions that can be designated to take on these functions.

What are the core elements of ABS Measures?​

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4. Access to Genetic Resources

A key goal of building domestic ABS measures to enable users to obtain clear legal access to genetic resources and associated traditional knowledge. In this module, you will learn about how to set fair and non-arbitrary access rules and procedures including options for establishing prior informed consent (PIC) and mutually agreed terms (MAT). 

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5. Benefit-sharing

Fair and equitable sharing of benefits arising from the utilization of genetic resources lies at the core of the Convention on Biological Diversity (CBD) and Nagoya Protocol. This concept recognizes the value of providing incentives to engage people to conserve and sustainably use genetic resources. In Module 5, you will learn the basic Protocol requirements on benefit-sharing and explore options for supporting fairness and equity in the negotiation of mutually agreed terms (MAT).

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6. Compliance 

Ensuring that genetic resources are used in accordance with domestic measures and mutually agreed terms (MAT), especially once they leave the country providing them, is an important consideration when designing ABS measures. In Module 6, you will learn about the innovative provisions on compliance in the Nagoya Protocol, and the role of the ABS Clearing-House Mechanism and Internationally Recognized Certificate of Compliance (IRCC) to support monitoring of the utilization of genetic resources. 

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7. Indigenous and Local Communities

Provisions on traditional knowledge associated with genetic resources held by indigenous and local communities (ILCs) are one of the innovations of the Nagoya Protocol. The Protocol also includes specific provisions on access and benefit-sharing for genetic resources held by ILCs when they have established rights over those resources. In Module 7, you will learn about the innovative provisions on ILCs in the Nagoya Protocol, and the options for tailoring ABS approaches to adequately consider ILC issues.

How to build ABS Measures that work?

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8. Supportive Measures

The Protocol outlines supportive measures that contribute to a more effective and tailored implementation suited to national contexts and the needs of particular stakeholders and sectors. In Module 8, you will learn various support tools for ABS implementation, including the ABS Clearing-House, awareness raising and capacity building approaches, voluntary codes of conduct and model contractual clauses.

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