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Genetic resources is a topic that is receiving increasing attention internationally. Interest is focused on the potential of plants, animals and micro-organisms to provide new and useful substances for the production of pharmaceuticals and other products.
In New Zealand, the process of examining genetic resources for potentially useful substances is referred to as bioprospecting or biodiscovery. The Ministry of Economic Development is responsible for domestic policy in this area. Further information on the domestic policy process can be found on the Ministry of Economic Development’s website.
There are two main international forums dealing with genetic resources:
One of the three objectives of the Convention on Biological Diversity (CBD) is “the fair and equitable sharing of benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources” – commonly described as “access and benefit sharing” or ABS.
The CBD recognises that states have sovereign rights over their natural resources including the authority to determine access to genetic resources. Article 15 of the CBD also stipulates that access to genetic resources is to be on mutually agreed terms between the country providing the genetic resource and the user country, and that the prior informed consent of the country providing the genetic resource is required before genetic resources are accessed.
Parties to the CBD are currently negotiating an international regime on ABS in order to give effect to the rights and obligations of Parties set out under Article 15 and Article 1 of the Convention. At the 8th Meeting of the Conference of the Parties in March 2006, the Parties agreed to complete this work by the 10th Meeting of the Conference of the Parties in 2010.
At the 9th Meeting of the Conference of the Parties, held in Bonn in May 2008, the Parties agreed on a “road map” or timetable for completion of the negotiations in 2010. The road map specifies three negotiating sessions, to be held in the first quarter of 2009, the third quarter of 2009, and the second quarter of 2010, and three expert group meetings to address technical and legal questions relevant to the development of the international regime. The Ministry has made a number of documents available as part of the process of engagement with stakeholders and Maori on the ABS negotiations. These are:
The Ministry of Foreign Affairs and Trade, together with the Ministry of Economic Development, are holding an open forum on ABS on Thursday, 25 February 2010, 10am-1pm, at MFAT's Wellington office (Level 12, 195 Lambton Quay). A similar forum planned for Dunedin has been postponed due to limited interest. Those who wish to find out more about the ABS forums, or provide views or comment on the ABS negotiations more generally, should email ABS@mfat.govt.nz.
Genetic Resources in the Food and Agriculture OrganisationThe Commission on Genetic Resources for Food and Agriculture (CGRFA) of the Food and Agriculture Organisation (FAO) also carries out work on genetic resources. The CGRFA’s work looks at the broad contribution genetic diversity can make to food and agriculture, and is therefore broader than the discovery of useful substances arising from genetic resources.
In 2001 the FAO adopted the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). The treaty establishes a global system to provide farmers, plant breeders and scientists with no-cost, facilitated access to plant genetic material, and to ensure that users share any benefits they derive from genetic materials used in plant breeding or biotechnology with the regions where they originated. The treaty includes a set ofrules (the “Multi-Lateral System”) for the exchange of genetic material between ex situ plant collections for 64 important agricultural crops. New Zealand has not ratified this treaty.
