Tag Article | Access and Benefit-Sharing Clearing-House

Nagoya Protocol E-Learning - Establishing Measures

  11 Sep 2023


In collaboration with the International Development Law Organization and with the support of the Japan Biodiversity Fund, the Secretariat of the Convention on Biological Diversity developed this e-learning course to support the implementation of the Nagoya Protocol. The course is comprised of eight modules covering the core requirements of the Protocol and the key considerations and options available for the design and implementation of ABS frameworks, based on country experiences and lessons learned.

The course is designed to build the capacity of legal and policy officers actively involved in designing and implementing domestic ABS legislative, administrative and policy measures or advising on national processes to implement the Nagoya Protocol.

The course will introduce participants to the core requirements of the Nagoya Protocol, key considerations for the design and implementation of ABS frameworks, and the options available based on country experiences and lessons learned.

At the end of the course participants will be able to:

  • describe the concept of ABS, its formulation under the Nagoya Protocol;
  • outline the variety of ABS policy objectives and identify legal options to achieve these policies;
  • identify key elements of the Protocol and the legal approaches taken by countries to date, and options available, to operationalize these elements;
  • advise on actions that can be taken to facilitate effective legal drafting and inclusive stakeholder consultation processes;
  • elaborate legal roadmaps focusing on the situation in their own countries and regions that outline priority actions to be taken to advance national legislative and regulatory processes to implement the Protocol.

Courses are available in English, French and Spanish 

Module 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. 

Module 2: Policy Setting - Defining an ABS policy or strategy is a key first step to take in implementing the Nagoya Protocol. In module 2 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. 

Module 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 module 3 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. 

Module 4: Access to Genetic Resources - A key goal of building domestic ABS measures is to enable users to obtain clear legal access to genetic resources and associated traditional knowledge. In module 4 you will learn about how to set clear and transparent access rules and procedures including options for establishing prior informed consent and mutually agreed terms. 

Module 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 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. 

Module 6: Compliance - Ensuring that genetic resources are used in accordance with domestic access and benefit-sharing measures and mutually agreed terms, 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. 

Module 7: Indigenous Peoples and Local Communities - Provisions on traditional knowledge associated with genetic resources held by indigenous peoples and local communities (IPLCs) 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 IPLCs when they have established rights over those resources. In Module 7 you will learn about the innovative provisions on IPLCs in the Nagoya Protocol, and the options for tailoring ABS approaches to adequately consider IPLC issues. 

Module 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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