scholarly journals ABS Provides Opportunities for Indigenous and Local Communities in the Limpopo National Park. An ethnobotanical survey of plants used by the Changana community, Limpopo National Park, Mozambique

2020 ◽  
Author(s):  
Enrico Nicosia ◽  
Roberto Valenti ◽  
Alfredo Guillet ◽  
Luca Malatesta ◽  
Giuliano Tallone ◽  
...  
Keyword(s):  
Economic Development ◽  
Genetic Resources ◽  
Rural Population ◽  
National Park ◽  
Local Communities ◽  
Benefit Sharing ◽  
Wild Plant ◽  
Ethnobotanical Survey ◽  
Access And Benefit Sharing ◽  
Park Area

Abstract Background: Genetic resources are important for the livelihood of the rural population in developing countries and have an economic potential that, through an efficient Access and Benefit Sharing regime, can support sustainable economic development. Considering the wealth of genetic resources in Mozambique, its eligibility for Access and Benefit Sharing projects has been explored. Methods: The socio-economic status of the Changana community of the Limpopo National Park area was studied through a 500 questionnaires socio-economic survey. Considering the livelihood role that plant genetic resources could play for the local rural population, an ethnobotanical survey was conducted, with the support of villagers knowledgeable of wild plant resources and their use. Results: Several criticalities in the living condition of local communities and a generalized lack of adequate economic incomes have emerged from the socio-economic analysis. A list of 101 plant species with important commercial possibilities, mainly related to medical, food and cosmetic sectors, was provided by the ethnobotanical survey. Around 95% of the plant studied which could have effective medical properties showed the greatest potential.Conclusion: A significant potential for Mozambique to be included in Access and Benefit Sharing initiatives was recognized. The present work can contribute to the identification of Access and Benefit Sharing pilot projects, toward the evaluation of the policy efficacy and implementation of the Nagoya Protocol in the Country. The Limpopo National Park area can support Access and Benefit Sharing projects toward the economic development of the indigenous and local communities and the conservation of the Country’s biodiversity.

scholarly journals The Nagoya Protocol and Indigenous Peoples

2016 ◽  
Vol 7 (2) ◽  
Author(s):  
Maria Yolanda Teran
Keyword(s):  
Genetic Resources ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
Mother Earth

This article is about Indigenous peoples’ involvement in the Nagoya Protocol negotiations from 2006 to 2010, as well as in its implementation to stop biopiracy in order to protect Pachamama, Mother Earth, and to ensure our survival and the survival of coming generations. The Nagoya Protocol is an international instrument that was adopted in Nagoya, Japan in October 2010 by the Conference of Parties (COP 10) and ratified by 51 countries in Pyeongchang, South Korea in October 2014 at COP 12. This protocol governs access to genetic resources and the fair and equitable sharing of benefits arising from their utilization (access and benefit sharing [ABS]). It has several articles related to Indigenous peoples and traditional knowledge, as well as: The interrelation and inseparable nature between genetic resources and traditional knowledge; The diversity of circumstances surrounding traditional knowledge ownership, including by country; The identification of traditional knowledge owners; The declaration of Indigenous peoples' human rights; and The role of women in the biodiversity process. In addition, this protocol lays out obligations on access, specifically participation in equitable benefit sharing, the accomplishment of prior and informed consent, and the mutually agreed terms and elaboration of a national legal ABS framework with the participation of Indigenous peoples and local communities in order to have well-defined roles, responsibilities, and times of negotiations.

scholarly journals Assessment of Domestic Policies Guiding the Fair and Equitable Sharing of Benefits From Utilization of Genetic Resources and Traditional Knowledge

2020 ◽  
Vol 3 (1) ◽  
pp. 55
Author(s):  
Hasrat Arjjumend ◽  
Konstantia Koutouki
Keyword(s):  
Genetic Resources ◽  
Traditional Knowledge ◽  
Indigenous People ◽  
Academic Research ◽  
Indigenous Rights ◽  
Local Communities ◽  
Civil Society Organizations ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol

The objective of the Nagoya Protocol guides Parties to regulate illegitimate access and utilization of biological resources or associated traditional knowledge, and also directs Parties to share with fairness, equity and justice the monetary or non-monetary benefits arising out of utilization of genetic resources. In a nod to the United Nations Declaration on Rights of Indigenous People, the Nagoya Protocol binds the Parties to create access and benefit sharing (ABS) laws, policies or administrative measures as envisaged in Articles 5.2 and 5.5 of the Protocol, and obliges the States to allow for benefits to flow to Indigenous peoples and local communities (ILCs). Present paper is based on an opinion survey of academic/research institutions, civil society organizations and concerned individuals apart from competent national authorities of Asian countries. Review of secondary information, especially domestic ABS laws of relevant countries, and participant observation were other means of legal and policy analysis. The findings of this paper illustrate that the accrued benefits from the utilization of genetic resources or traditional knowledge are not adequately realized by Indigenous people or local communities. State sovereignty occupies dominance when justice and equity principles are considered in benefit sharing mechanism. It leads to the infringement of Indigenous rights and conservation objectives. Discrepancies in domestic ABS laws and in the frameworks for their implementation could be addressed by ensuring the participation of ILCs in domestic ABS rulemaking, decision-making processes, and the participatory execution of ABS mechanisms at all levels. The resulting gains in efficiency in the ABS process could then better achieve the goal of conserving and sustainably using biodiversity, while also ensuring respect for the rights of Indigenous people.

The Inadequacies of the French System Regarding Access and Benefit-sharing and Its Evolution through the Recognition of the Notion of Local Community in the Nagoya Protocol

2021 ◽  
Vol 28 (1) ◽  
pp. 64-90
Author(s):  
Pierre-Alain Collot
Keyword(s):  
Genetic Resources ◽  
Traditional Knowledge ◽  
Local Community ◽  
Environmental Law ◽  
Local Communities ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Community Or ◽  
Constitutional Jurisprudence

The French law for the reconquest of biodiversity aims to transpose the Nagoya Protocol into national law. Rather than supporting the notion of an autochthonous and local community or even taking into account the autochthonous character of the concept of a local community, the legislature has chosen to use the notion of a community of inhabitants. The notion of local community, which is specific to environmental law, nevertheless satisfies the requirements of constitutional jurisprudence, as it does not consist of a community of origin, culture, language or belief. Beyond the logic inherent in the Law of 8 August 2016, the recognition of local communities, which is at the heart of the mechanism for sharing access and benefits, could make it possible to correct the multiple shortcomings, in terms of access to both genetic resources and traditional knowledge, associated with the sharing of the benefits that result from their use.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

scholarly journals PARTISIPASI MASYARAKAT LOKAL DALAM PENGEMBANGAN PARIWISATA DI TAMAN NASIONAL KARIMUNJAWA

KRITIS ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 140-148
Author(s):  
Ika Ristiyani Madyaningrum ◽  
Aloisius Chris Cahyo Utomo ◽  
Yudha Wahyu Pratama
Keyword(s):  
Economic Development ◽  
National Park ◽  
Tourism Development ◽  
Local Communities ◽  
Qualitative Approach ◽  
Tour Guides ◽  
Central Java ◽  
Research Findings ◽  
Central Java Province

This article specifically discusses the participation of local communities in tourism development in Karimunjawa National Park, which is administratively a part of Jepara Regency, Central Java Province. This research uses a qualitative approach, the research findings show that the participation of local communities in Karimunjawa is realized through the formation of the Tourism Local Transportation Association, the Lodging Association, the Tourism Ship Association, the Culinary Association, and the Tour Guides Association which are members of the Indonesian Tour Guides Association. also encouraged to offer local Karimunjawa superior products in the form of food, beverages, and handicraft products to tourists visiting Karimunjawa to support the economic development and empowerment of the Karimunjawa community.

Protecting Traditional Knowledge Associated with Genetic Resources by Corporate Social Responsibility

2015 ◽  
pp. 131-150
Author(s):  
Noriko Yajima
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
International Organizations ◽  
Local Communities ◽  
Benefit Sharing ◽  
Private And Public ◽  
Corporate Social ◽  
National Governments

The problems to establish equitable benefit sharing of Traditional Knowledge (TK) associated with Genetic Resources (GRs) have been one of the main discussions in international negotiations. This chapter analyses how Corporate Social Responsibility (CSR) could contribute to international organizations, national governments, and the private sector protecting TK associated with GRs in indigenous and local communities. This research uses the concept of the United Nations Triple Bottom Line Approach, which promotes balance among economic, environmental, and social imperatives towards sustainable development. This chapter illustrates the responsibility of international organizations by providing legally binding instruments. It also compares different national governments' responses to protect TK associated with GRs. Then, the chapter proposes that Public Private Partnerships (PPPs) could be the key to improving contradictions between legal and voluntary instruments in local communities and national and international governments. The analysis suggests that CSR is coherent with PPPs and might generate environmental, economic, and socio-economic challenges in the private and public sectors.

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