From September 18 to 21 negotiations took place in Montreal to finalize text for the Access and Benefit Sharing (ABS) Protocol under the Convention on Biological Diversity (CBD). The Protocol is designed to ensure that fair and equitable sharing of benefits arises from the utilization of genetic resources. The text was not finalized and it was proposed to reconvene before the tenth meeting of the Conference of Parties (COP10) in Nagoya, Japan this October, but was refused by the EU representative; Canada, Australia and Switzerland did not voice a preference on whether or not to reconvene.

Hope for adoption of the protocol at COP10 has somewhat diminished following some developed countries lack of keenness on the matter (mainly Canada and the EU). This creates a divide between biodiversity-rich countries (providers of genetic resources) and developed countries (users of genetic resources). Developed countries are afraid that a legally binding protocol with a compliance mechanism would hinder progress within the pharmaceutical, agribusiness and biotechnology sectors. Conversely biodiversity-rich countries believe that an ABS protocol is essential for the proper implementation of the CBD. They are also concerned that if the protocol is not legally binding, cases of biopiracy (unauthorized access to a genetic resource and not sharing the benefits arising out of its utilization with the community in which it was discovered) will be on the rise.

When government leaders met on September 22, at the United Nations General Assembly High Level meeting to commemorate the International Year of Biodiversity, Brazil’s Minister of Environment, Izabella Teixeira, on behalf of the Group of Like-Minded Megadiverse Countries (comprised of Bolivia, Brazil, China, Colombia, Costa Rica, the Democratic Republic of the Congo, Ecuador, India, Indonesia, Kenya, Madagascar, Malaysia, Mexico, Peru, Philippines, South Africa and Venezuela – collectively holds almost 80% of the world’s biodiversity) stressed the importance of COP10; which sets the stage for three major decisions to be taken: 1) the Protocol on Access and Benefit-sharing, 2) the Strategic Plan for the post-2010 period, and 3) the New Strategy for Resource Mobilization.

Representatives from Denmark, Argentina, Belgium and the European Commissioner of the Environment stated that further action and commitment by Parties to the Convention was needed to conclude an ABS Protocol in COP10. Jim Prentice, Canada’s Minister of Environment, kept it short and sweet without mentioning the ABS Protocol. There are rumors that Canada is one of the main countries holding back the progress on this negotiation – presumably because of concerns over Traditional Knowledge held by indigenous communities.

Failing to adopt the protocol in COP10 could significantly undermine the CBD, especially given that ABS is one of three CBD objectives.

There is a bit of good news, a meeting has been confirmed to resume negotiations before COP10 – a little bit of hope?

Call on Canada’s Government to protect biodiversity by signing our open letter to Prime Minister Harper to take 5 steps on behalf of biodiversity.

Check Undercover COP for updates on CBD negotiations.