Access and Benefit- Sharing (ABS) and the UNESCO Chair in Environmental Studies June, 2014
CONTENTS I. THE UNESCO CHAIR IN ENVIRONMENTAL STUDIES II. BRIEF DESCRIPTION OF ABS PROJECTS III. DIRECTOR OF THE UNESCO CHAIR 2
I. THE UNESCO CHAIR IN ENVIRONMENTAL STUDIES 3
The UNESCO Chair in Environmental Studies at the Rey Juan Carlos University (URJC) (Madrid, Spain) was created by an agreement of the United Nations Education, Scientific and Cultural Organization (UNESCO) in October 2001. The Chair is part of the academic structure of the URJC and the UNITWIN/UNESCO Chairs Programme which promotes international inter-university cooperation and networking to enhance institutional capacities through knowledge sharing and collaborative work. The Chair is unique in pooling resources, both human and material, to address pressing environmental challenges and contribute to the development of societies as bridge builders between academia, civil society, local communities, research and policy-making, directly contributing to strengthening North-South-South cooperation. The activities of the UNESCO Chair in Environmental Studies cover research, consultancy and teaching (involving training, coaching and/or capacity building). In regard to teaching the Chair coordinates and teaches in different postgraduate courses, having collaboration agreements with several institutions, among them the Real Colegio Complutense at Harvard University (Boston, USA), the Monterey Institute of International Studies (MIIS) (Monterey, USA) the Institute of Legal Studies of the School of Juridical Praxis of the Universidad Complutense (Madrid, Spain), the Institute of International Legal Studies of the URJC or the Franklin Institute at the Universidad de Alcalá de Henares (Spain). The most relevant research and consultancy lines are the following: INTERNATIONAL ENVIRONMENTAL AGREEMENTS ENVIRONMENTAL LAW BIODIVERSITY MARINE ENVIRONMENT BIOTECHNOLOGY BIOSAFETY ENERGY POLICY ENVIRONMENTAL IMPACT ASSESSMENT LANDSCAPE ENVIRONMENTAL ETHICS AND SUSTAINABILITY WASTE 4
The UNESCO Chair has directed PhD and Master s thesis to students in more than 20 different countries in different regions of the world, most of them nowadays with relevant positions in the public administration, non-governmental environmental organizations and private sector in their countries. The fruitful career path of the UNESCO Chair in regard to access to genetic resources and the fair and equitable sharing of the benefits arising from their utilization (ABS) starts at the international level with the negotiation, on behalf of the European Union (under the Spanish Presidency of the EU), of the so called Bonn Guidelines in October 2001 (Decision VI/24 CBD). Since then it has been involved as active players at the international [again with the negotiation of the Nagoya Protocol as part of the EU team and as co-chair of the so called compliance measures contact group (arts. 15-18) in Nagoya], regional (EU and Andean Community) and national level (Cape Verde, Colombia, Costa Rica, Cuba, Ecuador, Guyana, Malaysia, Mauritania, Mozambique, Panama, Peru, Dominican Republic and Spain), (also subnational and local level), taking any opportunity to make a difference on this issue at its respective level. 5
II. BRIEF DESCRIPTION OF ABS PROJECTS 6
1. ABS IN CAPE VERDE AND MACARONESIA 7
COLLABORATION AGREEMENT WITH THE TECHNOLOGICAL INSTITUTE OF THE CANARY ISLANDS (ITC) (SPAIN) TO SUPPORT AND DEVELOP THE ABS NATIONAL SYSTEM IN CAPE VERDE IN LINE WITH THE PRINCIPLES AND PROVISIONS OF THE NAGOYA PROTOCOL Client: Technological Institute of the Canary Islands (Spain)/ UNIVERSITY OF CAPE VERDE Date: 2014 Summary: The Technological Institute of the Canary Islands (ITC) is a public enterprise established by the Government of the Canary Islands in 1992, and attached to the Department of Employment, Industry and Trade of the regional government. The ITC supports Islands integral development through the implementation of practices and the deployment of projects related to RDi. The ITC is conducting several collaborative research projects with the Cape Verde University, being the most significant one in this area APRENMAC. This specific collaboration with the UNESCO Chair in Environmental Studies has as an objective to raise the issue of ABS in Cape Verde supporting and strengthening the local capacities of different departments at University and with the ABS national competent authorities. The project will help to establish the basis for a possible common research platform/infrastructure in Macaronesia on biodiversity with special focus on ABS. MAIN ACTIVITIES AND DELIVERABLES: Report of pre-diagnosis of the situation in Cape Verde for the design and development of an ABS policy Draft agreements for the development of protocols in the framework of APRENMAC to access biological material More information at http://aprenmac.itccanarias.org/es/
2. GEF UNEP IUCN Regional Project ABS LAC 9
COLLABORATION AGREEMENT WITH IUCN-SOUTH FOR THE EXECUTION OF THE GEF PROJECT STRENGTHENING THE IMPLEMENTATION OF ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING REGIMES IN LATIN AMERICA AND THE CARIBBEAN Client: IUCN- South (Global Environment Facility) Date: 2012-2014 Summary: The project promotes the proper implementation of the Nagoya Protocol on Access to genetic Resources and Benefit Sharing (ABS) at the national level in the 8 countries covered (Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guyana, Panamá and Perú). The UNESCO Chair has: reviewed the national ABS legislation of the countries for the implementation of the Nagoya Protocol; provided training and capacity building through workshops and activities at the national level; strengthened specific national capacities in regard the negotiation of ABS contracts; and provided coaching on-line to the beneficiaries of the project. MAIN ACTIVITIES AND DELIVERABLES: Regional Capacity Building Workshop on ABS Contracts (La Habana, Cuba, 18-22 March 2013) Report and advice on the different international instruments and processes related to ABS and the Nagoya Protocol (January 2014) Compilation of Codes of Conduct and Best Practices on ABS (January 2014) Report Critical Elements towards the implementation of the Nagoya Protocol. Lessons learned from Latin America and the Caribbean (March 2014) = UICN Publication Access to genetic resources in Latin America and the Caribbean: National implementation of the Nagoya Protocol (More information at www.portalces.org and then ADB)
MAIN ACTIVITIES BY COUNTRY: COLOMBIA: Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (Bogotá, 29th April 2013) International Vision and present situation of ABS in the Forum Sharing of Benefits and its relationship with biodiversity researchers and research centers (Bogotá, 30th April 2013) Report on the ABS national legal framework and the Nagoya Protocol (September 2013) COSTA RICA: Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (San José, 22nd April 2013) Debate at the Universidad Nacional de Costa Rica about The Nagoya Protocol: Impacts and Benefits for Costa Rica (San José, 23rd April 2013) Report on the ABS national legal framework and the Nagoya Protocol (August 2013) CUBA: Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (La Habana, 15th March 2013) Meeting with environmental and intellectual property authorities to discuss the national implementation of the Nagoya Protocol (La Habana, 22nd March 2013) Report on the ABS national legal framework and the Nagoya Protocol (August 2013) DOMINICAN REPUBLIC: National Capacity Building Workshop on ABS (Santo Domingo, 27 th May 2013) Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (Santo Domingo, 28th May 2013) Report on the ABS national legal framework and the Nagoya Protocol (August 2013) (More information at www.portalces.org and then ADB)
MAIN ACTIVITIES BY COUNTRY: ECUADOR: Access and benefit-sharing in the global context in the Workshop on ABS and the Draft Law on traditional cultural expressions, ancestral knowledge and genetic resources in Ecuador (Quito, 25th April 2013) Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (Quito, 26th April 2013) Report on the ABS national legal framework and the Nagoya Protocol (August 2013) GUYANA: Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (La Habana, 20 March 2013) Report on the ABS national legal framework and the Nagoya Protocol (March 2013) PANAMA: Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (Panama, 20th May 2013) National Workshop towards the entry into force of the Nagoya Protocol on ABS in Panama (Panama, 21-22 May 2013) Report on the ABS national legal framework and the Nagoya Protocol (August 2013) Active participation in the 9 capacity building meetings on ABS at the national level under the UNDP project 81860 for the promotion of the implementation of the Nagoya Protocol in Panama (January-May 2014) PERU: Meeting with the national authorities to review the Draft Report on the ABS national legal framework and the Nagoya Protocol (Lima, 22 nd May 2013) National capacity building workshop on ABS (Lima, 23-24 May 2013) Report on the ABS national legal framework and the Nagoya Protocol (August 2013) National Workshop Legal and Institutional Analysis related to ABS in Perú (Lima 28-30 April 2014) (More information at www.portalces.org and then ADB)
3. MARINE BIOTECHNOLOGY CENTER (MOZAMBIQUE) 13
MARINE BIOTECHNOLOGY CENTER IN XAI-XAI (MOZAMBIQUE) Client: Ministry of Science, Technology and Innovation (Mozambique) Date: 2011-2012 Summary: The Spanish consortium led by CPD-Ciencia and Probitec gathered public and private research institution to start up this Marine Biotechnology Center in order to research, innovate and generate value to the rich marine biodiversity and marine genetic resources of Mozambique. MAIN ACTIVITIES AND DELIVERABLES: improve the legal national framework to ensure the legal access to genetic resources and the fair and equitable sharing of the benefits derived from their utilization training of the staff of the institution in order to comply with all the legal procedures and promote these institution as the natural way to legally access marine genetic resources in Mozambique To watch a short video about this project (Spanish or Portuguese) http://unescourjc.org/investigacion/abs/
4. ABS- MOÇAMBIQUE 15
DEVELOPMENT OF HUMAN AND INSTITUTIONAL CAPACITIES IN HIGH EDUCATION RESEARCH CENTERS IN TERMS OF ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS DERIVED FROM THEIR UTILIZATION (ABS) IN MOZAMBIQUE (A1/037723/11) Client: Spanish Agency for International Development Cooperation (AECID)/ Ministry of Science, Technology and Innovation (Mozambique) Date: 2012 Summary: The specific objective of this project was to strengthen the human and institutional capacity of research centers on ABS in Mozambique (Access and utilization to the genetic resources of the country; Traditional knowledge associated to genetic resources; fair and equitable sharing of the benefits arising from their utilization). The creation of multidisciplinar teams at the research and academic level specialized in: Design, implementation and compliance with ABS legal frameworks; Negotiation of ABS contracts; Add value to genetic resources and traditional knowledge at the local level. MAIN ACTIVITIES AND DELIVERABLES: 3 capacity building workshops (April, July and November 2012) Final Seminar to socialize results with public administrations and society at large (November 2012) ABS Manual for Research Institutions in Mozambique The project was able to create a broader institutional dialogue with the Ministry of Environmental Coordination (MICOA) and with the Ministry of Science and Technology initiating the basis for the development of an ABS national policy with the research centers at its core. All the information generated during the different activities of this project are available in Spanish and Portuguese at www.mocambique.net.
5. ABS POLICY OF THE SPANISH BANK OF ALGAE 17
DESIGN AND DEVELOPMENT OF THE ABS POLICY OF THE SPANISH BANK OF ALGAE (GRAN CANARIA, SPAIN) Client: Marine Biotechnology Center of Universidad de Las Palmas de Gran Canaria (Spain) Date: 2011 Summary: The Marine Biotechnology Center of Universidad de Las Palmas de Gran Canaria, created in the year 2011 the Spanish Bank of Algae. Before its official launch the Marine Biotechnology Center requested the UNESCO Chair to design and develop an appropriate ABS policy for the center. The Spanish Bank of Algae was very likely the first research institution of its kind in the world with an ABS policy adapted and in line with the Nagoya Protocol ( Nagoya proof ). MAIN ACTIVITIES AND DELIVERABLES: Review of the legal acquisition of all the samples of the culture collection Development and update of the ABS policy of the institution Review of all the ABS contracts and MTAs of the institution Capacity building workshop on ABS to all the staff of the Institution (March 2011)
6. SPANISH MINISTRY OF ENVIRONMENT 19
LEGAL AND TECHNICAL SUPPORT TO THE SPANISH MINISTRY OF ENVIRONMENT IN THE FOLLOW UP OF THE CONVENTION ON BIOLOGICAL DIVERSITY WITH SPECIAL FOCUS ON ABS Client: Ministry of Environment (Spain) Date: 2008-2013 Summary: Legal and technical support to the Spanish Ministry of Environment in the follow up of the Convention on Biological Diversity with special focus on the ABS negotiations at national, European and international level. MAIN ACTIVITIES AND DELIVERABLES: Successful negotiation of the Nagoya Protocol- EU negotiator and co-chair of the contact group on compliance measures (arts. 15-18 Nagoya Protocol) Review and advice regarding access requests (commercial and non-commercial) Follow up of the negotiations and national implementation of the Convention on Biological Diversity (CBD) EU negotiators in the establishment of the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES) Technology transfer and intellectual property issues not only within the CBD but also in the World Intellectual Property Organization (WIPO) Implementation of the international conventions for the protection of the marine environment, with special emphasis in the issue of the establishment of marine protected areas and the regulation of genetic resources in the high seas.
7. NON COMMERCIAL RESEARCH AND THE ABS REGIME 21
COLABORATION AGREEMENT AND TECHNICAL ASSISSTANCE TO THE SMITHSONIAN INSTITUTION IN THE DEVELOPMENT OF A NEGOTIATING POSITION OF THE RESEARCH COMMUNITY IN THE NEGOTIATION OF THE ABS PROTOCOL Client: Smithsonian Institution (Washington, USA) Date: 2008 Summary: The perspective of Research Institutions in the negotiation of the International Regime on Access to Genetic Resources and Benefit Sharing. Agreement of collaboration with the Smithsonian Institution (United States) to organize an International workshop [17-19 November 2008, Bonn (Germany)] on this topic and to better channel these considerations into the negotiations on the International Regime on Access to genetic resources and Benefit Sharing of the Convention on Biological Diversity. MAIN ACTIVITIES AND DELIVERABLES: International workshop on Access and Benefit-sharing in Non-Commercial Biodiversity Research, (Bonn, Germany, 17-19 November 2008)
8. ABS POLICY OF A BIOPROSPECTING COMPANY 23
DESIGN AND DEVELOPMENT OF THE ABS POLICY OF THE SPANISH BIOPROSPECTING COMPANY CONSULTING AND PROFESSIONAL DIVING (CPD) Client: Consulting and Professional Diving (CPD-Ciencia) (Madrid, Spain) Date: 2006 Summary: CPD Ciencia provides biological (sea and terrestrial) samples as high value-added raw material for the pharmaceutical, cosmetic, food and biotechnology companies in general, resulting in the isolation of secondary metabolites, microorganisms and enzymes or from any other substance with high potential for the industry. It collects all kind of biological samples for laboratories and R&D departments in the areas of Health, Cosmetics, Nutraceutics, Agronomy and Veterinary. It has also a collection of marine frozen samples and a metagenomic library. MAIN ACTIVITIES AND DELIVERABLES: Review of the contracts with pharmaceutical and cosmetic companies as provider of genetic resources in bioprospecting campaigns Review of the legality of the samples taken and transferred worldwide Development of its ABS policy Review of all the ABS contracts and MTAs of the institution Capacity building workshop on ABS to all the personnel of the company
9. OTHER BIODIVERSITY (NON- ABS SPECIFIC) AND MARINE PROJECTS 25
LIFEWATCH- Preparatory project for the Life Watch e-infrastructure for biodiversity research Client: Spanish National Museum of Natural Sciences Date: 2009-2013 Summary: The LifeWatch infrastructure for biodiversity research addresses the huge gaps we face in our understanding of life on Earth, an innovative instrument for supporting both scientists, through improved modeling capabilities with computational power, and local and global policy makers, through a better understanding and the rational management of our ecosystems. The research infrastructure includes: facilities for data generation and processing; cooperative networks of terrestrial and marine observatories, and global facilities such as the Global Biodiversity Information Facility facilities for data integration and interoperability virtual laboratories offering a range of analytical and modeling tools a Service Centre providing special services for scientific and policy users, including training and research opportunities for young scientists MAIN ACTIVITIES AND DELIVERABLES: Design and development of the draft Statutes and internal rules and policies of the research infrastructure More information about this project at http://www.lifewatch.eu/es
DESIGN AND DEVELOPMENT OF THE LEGAL RULES AND PROCEDURES TO DECLARE RESERVE AREAS AND THE REGULATION OF ACTIVITIES ACCORDING TO T HE LAS PERLAS ARCHIPELAGO MANAGEMENT PLAN (PANAMA) LEGAL AND TECHNICAL ASSISTANCE TO THE SPANISH MINISTRY OF ENVIRONMENT, RURAL AND MARINE AFFAIRS IN THE WORK PROGRAMME ON MARINE BIODIVERSITY Client: Spanish Ministry of Environment (2006-2010) MAIN ACTIVITIES: Legal and Technical support in the follow up and national implementation of the following international conventions related to the marine environment, including different working groups: UN Working Group on Marine Biodiversity Beyond National Jurisdiction (BBNJ) Convention for the Protection of the marine environment of the North-East Atlantic (OSPAR Convention) Convention for the Protection of the Mediterranean Sea Against Pollution (Barcelona Convention) Agreement for the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) Agreement on the Conservation of Albatrosses and Petreles (ACAP) Convention on Biological Diversity, Programme of Work on Marine and Coastal Biodiversity Report on the implications and changes required for the correct transposition of the Marine Strategy Framework Directive into the Spanish legal system Legal and Technical Advice in the international process for the establishment of Marine Protected Areas (and management of marine genetic resources) in areas beyond national jurisdiction (2004-2010) PROPOSAL FOR THE REALLOCATION OF THE CABO DE GATA (SPAIN) TRAFFICC SEPARATION SCHEME (MOVED FROM 5 TO 20 NAUTICAL MILES) TO THE INTERNATIONAL MARITIME ORGANIZATION (ADOPTED IN 2005) LOOKING FOR COMMON INTERESTES - A GOOD EXAMPLE OF THE UTILLITY OF THIS PROCESS Finding common interests (IMO, Merchant Navy, Fishermen, ) Slides of SEC UNESCO Chair- Map illustration of TSS Cabo de Gata relocation presented by DGMM at IMO, May 2005 BASIS FOR THE INITIAL NATIONAL MANAGEMENT PLAN FOR THE TURTLE CARETTA CARETTA
III. DIRECTOR OF THE UNESCO CHAIR 28
ALEJANDRO LAGO CANDEIRA Director UNESCO Chair in Environmental Studies Rey Juan Carlos University (Madrid, Spain) PhD in International Environmental Law (Rey Juan Carlos University, Spain), visiting researcher in the European Law Center at Harvard University, Master of Laws (LLM) (University of Newcastle upon Tyne, United Kingdom). Since 2006 leads the UNESCO Chair in Environmental Studies, with special focus on environmental law and policy. He has more than 15 years of professional experience in the environmental law field with broad advisory view in the design, development and implementation of public environmental policies, not only to public entities but also to private companies. European negotiator of the Nagoya Protocol on Access to genetic resources and fair and equitable sharing of the benefits derived from their utilization to the Convention on Biological Diversity and the Nagoya- Kuala Lumpur Supplementary Protocol to the Cartagena Protocol on Biosafety, under the Spanish and Belgian Presidencies of the European Union (2010). He was also the main negotiator of the European Union in the establishment in 2010 of the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES). He leads several projects of training, capacity building and technical assistance to developing countries in a variety of issues related to environmental law and policy, with special emphasis on Access to genetic resources (and traditional knowledge) and Benefit-Sharing (ABS).
ALEJANDRO LAGO CANDEIRA Director UNESCO Chair in Environmental Studies Rey Juan Carlos University (Madrid, Spain) MAIN LECTURES RELATED TO ABS (EXCLUDED NATIONAL ABS WORKSHOPS AND CONFERENCES INCLUDED IN THE IUCN-GEF- UNEP ABS LAC- SEE PROJECT 2) May 2013 Lecture Global Environmental Governance vs. World Trade Organization. The Success of the decentralized system against the trade model, Ministry of Foreign Affairs of Dominican Republic (Santo Domingo) October 2011 Lectures in Japan: Spanish ABS preparation toward implementation at the ABS Seminar in Japan: Toward the national ABS implementation organized by A SEED Japan (Tokyo) EU s Strategy towards Multilateral Environmental Treaties at the Graduate School of International Cooperation Studies (GSICS), Kobe University Spanish Approach to implement the Nagoya Protocol on Access and Benefit Sharing in the Biodiversity Workshop at Sophia University (Tokyo) June 2011 Lecture Traditional knowledge and biodiversity in the international framework: The Convention on Biological Diversity and the Nagoya Protocol. I Workshop on Spanish Inventories of Traditional Knowledge related to the Natural Heritage and Biodiversity (Albacete, Spain) June 2011 Lecture Integration of the Conservation Banks into the Spanish legal system, at the Association of Engineers and the Pool of Environmental risks (Madrid, Spain)
MAIN LECTURES RELATED TO ABS (EXCLUDED NATIONAL ABS WORKSHOPS AND CONFERENCES INCLUDED IN THE IUCN-GEF- UNEP ABS LAC) May 2011 Lectures The process of adoption of the International Regime on Access and Benefit Sharing: the way to the Nagoya Protocol and The experience in Spain on access to genetic resources and benefit sharing at the regional Andean workshop on the Nagoya Protocol on ABS and its implications at the national level (Lima, Peru) Lecture The experience in Spain in regulating access to genetic resources and benefit sharing at the regional workshop for Portuguese speaking countries on ABS (Maputo, Mozambique) March 2011 Lecture Implementation in the EU of the Implementation in the EU of the Nagoya-Kuala Lumpur Supplementary Protocol at the International Symposium on COP10 and COP-MOP5: The Significance of Nagoya-Kuala Lumpur Supplementary Protocol and Nagoya Protocol on ABS (Tokyo, Japan) April 2011 Lecturer (since 2004) and module coordinator (since 2008) ( International Regimes on access to genetic resources and benefit sharing (ABS): The CBD and the FAO International Treaty ) Master s degree in management, access and conservation of Species in Trade: The International Framework at the International University of Andalusia, Spain. October 2009 Lecture EU proposal on the international regime on access to genetic resources and benefit sharing at the Institute of Advanced Studies- United Nations University (Yokohama, Japan) October 2009 Lecture The negotiation of the International Regime on Access to genetic resources and Benefit Sharing: the Spanish approach Meiji Gakuin University (Tokyo, Japan) June-July 2008 Researcher in the Project Regulating Liability in the International Trade of Food and GMOs. Towards an International Food Safety System? Harvard University (United States)
32 UNESCO CHAIR IN ENVIRONMENTAL STUDIES Universidad Rey Juan Carlos (c/ Tulipán s/n- MÓSTOLES 28933(SPAIN) ) Edificio Departamental II. Oficina 241 Teléfono: +34 91 488 7113 Fax: +34 91 488 8578 E-mail: unesco@urjc.es