Access and Benefit Sharing in the Union

'Sourcing with Respect' requires that Union for Ethical BioTrade member companies that source ingredients from native biodiversity make every effort to conserve biodiversity, respect traditional knowledge, and ensure that everyone concerned is paid a fair wage and shares in the benefits generated from the products.

The fair and equitable sharing of the benefits arising out of the utilization of genetic resources is one of the three objectives of the Convention on Biological Diversity (CBD).  In particular, the CBD establishes a system for access and benefit sharing (ABS) in relation to genetic resources.  It recognizes that access to these resources must be subject to the prior informed consent of the provider country and based on mutually agreed terms, including fair and equitable sharing of any resulting benefits.  The CBD also requires that access to related traditional knowledge occurs with the approval of the holders of such knowledge, who must also participate equitably in the resulting benefits. 

Yet developing and implementing benefit-sharing policies, particularly in the context of ABS, remains a significant challenge.  Awareness in the private sector of the relevance of ABS is limited. The lack of clear legal frameworks for ABS at the national level adds to the complexity. At the same time, a number of guidelines and tools, including the Bonn Guidelines on ABS, provide valuable support. The work of pioneering cosmetics companies also show the feasibility and benefits of a proactive approach to the issue of ABS.

Another important consideration are the ongoing negotiations to elaborate an international regime on ABS, destined to effectively implement the relevant CBD provisions. Despite the 2010 deadline for their completion, these negotiations have still not determined the nature, scope, and content of the international regime. Moreover, the participation of companies, particularly from the cosmetics and food sectors, in these negotiations has been limited. Yet whatever the specific outcome, the new international rules on ABS will significantly build on existing CBD provisions and thus be of relevance for biodiversity-based products and activities.

Providing assistance to its members on policies and practices for ABS is an important element of the work of the Union for Ethical BioTrade.  The Verification Framework for Native Natural Ingredients, which stems from the BioTrade Principles and Criteria and thus the objectives of the CBD, clearly addresses ABS, requiring and monitoring compliance with relevant national legislation and good practices. In addition, the Union for Ethical BioTrade is a source of information and analysis on ABS issues, raising awareness on ABS, engaging in international discussions on the topic, and providing support on specific ABS policies upon request of its Members.