The Nagoya Protocol - Convention on Biological Diversity
The Convention on Biological Diversity is a multilateral treaty with 193 parties, including Australia.
The three objectives of the convention are:
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the conservation of biological diversity
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the sustainable use of its components, and
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the fair and equitable sharing of the benefits arising from the use of genetic resources.
Australia ratified the Convention on Biological Diversity on 18 June 1993. More information can be found at the Convention on Biological Diversity website.
The Nagoya CoP10 logo - Life in harmony, into the future depicts the convention's commitment to safeguard our precious biodiversity for the next generation.
The Nagoya Protocol
Australia signed the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization’ in New York on 20 January 2012. For more on the signing read the media release.
In November 2010 the Conference of Parties to the Convention on Biological Diversity adopted the 'Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization'. The decision and the text of the Protocol can be found at: cbd.int/decision/cop/?id=12267
The protocol establishes a legally-binding framework for biotechnology researchers and other scientists to gain access to genetic resources. It also establishes a framework for researchers and developers to share any benefits from the use of genetic resources, or traditional knowledge associated with those resources, with the provider country.
When put into effect, the Nagoya Protocol promises a more transparent and predictable way to meet Articles 8(j) (Traditional knowledge, innovations and practices) and 15 (Access to genetic resources) of the Convention on Biological Diversity’s third objective: 'the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources'.
Developing a practical way to meet this objective has been of particular concern to biodiversity-rich developing nations seeking to benefit from advances in biotechnology.
Very few countries have put in place a transparent system that welcomes and encourages research. The lack of a coherent international standard has resulted in a high level of distrust, leading to obstacles to biodiversity research and its potentially valuable outcomes.
The Nagoya Protocol aims for a workable balance between the right of countries to provide access to their genetic resources only with their prior informed consent and on mutually agreed terms, and the need for transparent, practical rules that encourage research.
A global database will provide detailed information on the requirements of each country in respect to accessing their genetic resources. Each country will need to meet minimum standards set out in the Nagoya Protocol.
In return, countries are also obliged to make sure that any genetic resources used in their country have been obtained according to the requirements of the provider country.
The protocol will come into force 90 days after its ratification in at least 50 countries. The Convention on Biological Diversity Secretariat is hopeful that this will occur in time for the twelfth meeting of the Conference of the Parties to the Convention on Biological Diversity in October 2012.
With strong engagement by many countries in the negotiations over the Nagoya Protocol, it seems likely that the protocol will become an international standard for research and development on genetic resources.
In Australia we will hold consultations over the next six months with state and territory governments, the research community, Indigenous people and industry stakeholders to plan Australia's response to the Nagoya Protocol. In 2012 we are also in the process of organising capacity-building workshops for South Pacific nations. For more on these workshops email grm@environment.gov.au
Have your say
The department is keen to hear your views on the Nagoya Protocol. If you would like to share your views or obtain further information please send an email to grm@environment.gov.au.