Abstract
BackgroundGlobal challenges related to access and benefit sharing (ABS) of biological resources have become a key concern in the area of research on herbal medicines, ethnopharmacology, drug discovery, and the development of other high value products for which Intellectual Property protection can be secured. While the Convention on Biological Diversity (CBD, Rio 1992) has been recognized as a huge step forward, the implementation of the Nagoya Protocol (NP) and of new forms of collaboration often remain unresolved, especially in the context of “the fair and equitable sharing of benefits arising from the utilization of genetic resources” (Convention on Biological Diversity, 2011). The vision and the specific implementation of this international treaty vary from country to country, which poses additional challenges.AimsUsing a case study approach, in this analysis we aim at understanding the specific opportunities and challenges for implementing international collaborations regarding ABS in six Latin American countries—Chile, Colombia, Guatemala, México, Panama, and Peru. Based on that analysis, we provide recommendations for the path ahead regarding international collaborations under ABS agreements in ethnopharmacological research.Results and DiscussionsThe implementation of the NP varies in the six countries; and while they are all rich in biodiversity, access and benefit sharing mechanisms differ considerably. There is a need to engage in a consultation process with stakeholders, but this has often come to a halt. Institutional infrastructures to implement national policies are weak, and the level of knowledge about the NP and the CBD within countries remains limited.ConclusionsDifferent 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.
Highlights
Ethnopharmacology and, more broadly, natural product research, relies on the access to resources, especially in biodiversity rich regions
The principle behind the ABS provisions of the Convention on Biological Diversity (CBD) and Nagoya Protocol (NP) is that one country grants access to its genetic resources for utilization by another country; and in return, shares the resulting benefits arising from that utilization
Implementation of the CBD and the NP Chile is one of the countries that signed (13/06/1992) and ratified the CBD early on (08/12/1994), but has not yet taken any steps to ratify the NP. This process is being coordinated by the Comisión Nacional del Medio Ambiente (CONAMA) - Ministerio de Medio Ambiente y Servicio de Evaluación Ambiental - in its role as the authority responsible for proposing environmental policies to the government and as the national focal point for the CBD
Summary
Ethnopharmacology and, more broadly, natural product research, relies on the access to resources, especially in biodiversity rich regions Research in this field spans the whole range from, in essence, basic research to studies strictly targeting the commercial development of new products (Heinrich, 2000). Grassroot initiatives played a key role in these developments, which aimed to overcome centuries of exploitative relationships often driven by colonial powers Predating this international treaty are numerous academic and Non-governmental organization (NGO) initiatives including, most importantly, the Declaration of Belem of 1988 (http://www.ethnobiology.net/what-we-do/core-programs/ global-coalition-2/declaration-of-belem/, see Posey and Dutfield (1996) that called for a recognition of indigenous rights and for increased support for research on conservation and management programs. This is important for two reasons: first, the relevance of intellectual property; and secondly, the expectations of benefit
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