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last updated: 09 Aug 2016
Conserving the genetic diversity in Peru: challenges in the implementation of an access and benefit-sharing regime
EN
2016-01
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Article from Revista Peruana de Biología. Facultad de Ciencias Biológicas, Universidad Nacional Mayor de San Marcos
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This essay intends to debate the major challenges that Peru faces as it implements a national regime on Access
to genetic resources and Benefit-Sharing (ABS). The ABS encourages the conservation of genetic diversity
by means of the fair and equitable distribution of the benefits arisen from the utilization of genetic resources.
Distribution is to take place between the providing country and the user of the resources. Peru features four
main weaknesses in relation to ABS: (1) Firstly; its national legislation on the topic sets a bureaucratic and
complex procedure that hinders the negotiation of fructiferous ABS contracts. (2) The role of the “national
scientific partner” has been distorted and true opportunities for scientific cooperation are missed. (3) Peruvian
legislation on ABS establishes retroactive effects infringing the principle of legal certainty. (4) Even though
the national legal framework establishes a set of compliance measures and a checkpoint to verify the legal
access of genetic resources in accordance to the Nagoya Protocol, these measures do not cover the control
of genetic resources and traditional knowledge associated to their utilization from countries other than Peru.
Improvements to face the challenges encountered are offered at the end of the article.
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- Aichi-T13. Agricultural biodiversity
- Aichi-T16. Nagoya Protocol on ABS
- GBF-T04. Threatened species are recovering, genetic diversity is being maintained and human-wildlife conflict is being managed
- GBF-T13. Fair and equitable sharing of benefits from genetic resources, digital sequence information and associated traditional knowledge
Migrated information
Format: Text document (e.g. adobe acrobat reader or Word)
Civil society organizations
General public
Government officials
Indigenous peoples and local communities
Inter-governmental organizations
Research/Academia
Expertise Level: Intermediate
EN
Format: Text document (e.g. adobe acrobat reader or Word)
Target Groups
Civil society organizations
General public
Government officials
Indigenous peoples and local communities
Inter-governmental organizations
Research/Academia
Expertise Level: Intermediate