DAY TWO
Day 2/Overview
Law and Policy of Relevance
to the Management of Plant Genetic Resources
DAY TWO — Overview
Objectives
By the end of the day, the participants will be able to do the following:
- Outline elements of a genebank policy on access and distribution.
- Discuss the Convention on Biological Diversity.
- Make access decisions.
- Identify the elements of the ABS legislation to facilitate access to biological resources.
Handouts
2.3B.1Overview of Day Two
2.3B.2Tentative Schedule of Day Two
2.3B.3Convention on Biological Diversity
2.3B.4The Convention on Biological Diversity
2.3B.5Exercise 3B. Making Access Decisions
2.3B.6Exercise 3B. Worksheet
2.3B.7Hypothetical Case 1
2.3B.8Hypothetical Case 2
2.3B.9Hypothetical Case 3
2.3B.10Hypothetical Case 4
2.3B.11Situation A: National ABS Legislation
2.3B.12Situation B: National ABS Legislation
2.3B.13Situation C: No ABS Legislation
2.3B.14General Observations
2.3C.1Exercise 3C. ABS Considerations
2.3C.2Exercise 3C. Worksheet (Role A)
2.3C.3Exercise 3C. Worksheet (Role B)
2.3C.4Strengths and Weaknesses of Day Two
2.3C.5PAPA—First Stage
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Overview
Law and Policy of Relevance
to the Management of Plant Genetic Resources
DAY TWO — Tentative Schedule
08:30 – 09:00Opening of the Day’s Activities
09:00 – 10:30Session 3B. Convention on Biological Diversity: Making Access Decisions
(Exercise)
10:30 – 10:45Tea/Coffee Break
10:45 – 13:00Session 3B. (Continued)
(Exercise)
13:00 – 14:00 Lunch
14:00 – 15:30Session 3C. Comparing Legislative Strategies
(Exercise)
15:30 – 15:45Tea/Coffee Break
15:45 – 17:15Session 3C. (Continued)
(Exercise)
17:15 – 17:30Feedback on the Day’s Activities and PAPA
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Overview
Law and Policy of Relevance
to the Management of Plant Genetic Resources
DAY TWO — Checklist for Trainers
Handouts to be distributedYesNo
2.3B.1Overview of Day Two
2.3B.2Tentative Schedule of Day Two
2.3B.3Convention on Biological Diversity
2.3B.4The Convention on Biological Diversity
2.3B.5Exercise 3B. Making Access Decisions
2.3B.6Exercise 3B. Worksheet
2.3B.7Hypothetical Case 1
2.3B.8Hypothetical Case 2
2.3B.9Hypothetical Case 3
2.3B.10Hypothetical Case 4
2.3B.11Situation A: National ABS Legislation
2.3B.12Situation B: National ABS Legislation
2.3B.13Situation C: No ABS Legislation
2.3B.14General Observations
2.3C.1ABS Considerations
2.3C.2Exercise 3C. Worksheet (Role A)
2.3C.3Exercise 3C. Worksheet (Role B)
2.3C.4Strengths and Weaknesses of Day Two
2.3C.5PAPA—First Stage
Overheads
2.3B.1Objectives of Day Two
2.3B.2Schedule of Day Two
2.3B.3Objectives of Session 3B
2.3B.4Convention on Biological Diversity
2.3B.5Convention on Biological Diversity
2.3B.6Convention on Biological Diversity
2.3B.7Convention on Biological Diversity
2.3B.8Convention on Biological Diversity
2.3B.9Convention on Biological Diversity
2.3B.10Convention on Biological Diversity
2.3B.11Convention on Biological Diversity
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Session 3B
Instructions to Trainers
International Treaty,
Convention on Biological Diversity: Making access decisions
Instructions to Trainers
PRE-SESSION / 08:30 – 09:00 Opening of the Day’s Activities
– Review of the previous day’s activities.
– Summary of the evaluation of the previous day.
– Overview of the day’s activities.
OBJECTIVES / By the end of the pre-session, the participants will be able to do the following:
- Assess the progress of the workshop.
- List the objectives and describe the agenda of the day’s activities.
OPENING / Invite the volunteer to review the previous day’s activities. (10 minutes)
Summarize the evaluation of the previous day. (10 minutes)
Distribute the overview and the schedule for day two (handouts 2.3B.1 and 2.3B.2). Review the objectives of the day and the schedule using overheads 2.3B.1 and 2.3B.2. Remember that the objectives of the day are the same for sessions 3B and 3C. Ask if clarification is needed. (10 minutes)
SESSION 3B / 09:00 – 10:30 Session 3B. Convention on Biological Diversity
10:30 – 10:45 Tea/Coffee Break
10:45 – 13:00 Session 3B. (Continued)
13:00 – 14:00 Lunch
OBJECTIVES / By the end of this session participants will be able to do the following:
- Outline elements of a genebank policy on access and distribution
- Discuss the Convention on Biological Diversity.
- Make access decisions.
- Identify the elements of the ABS legislation to facilitate access to biological resources.
PROCEDURE / Training techniques: presentation, trip around the tables and group work (specific roles).
SPECIAL NOTE TO TRAINERS / In sessions 3B and 3C the groups will engage in the ABS exercises. Both the hypothetical cases and the role-play are likely to require their own unique approach. Nevertheless, for each exercise, some general observations may remain valid and useful. Handout 2.3B.14 provides such “general observations” to assist you in making comments to the group following their completion of both exercises. Please be sure to read the general observations before the sessions. Deliver Handout 2.3B.14 to the participants onlyafter they have completed Exercise 3B.
PRESENTATION / (experience) Give a brief presentation on the Convention on Biological Diversity. You will find the information in handouts 2.3B.3 and 2.3B.4 very useful. Overheads 2.3B.4 to 2.3B.11 support the presentation. If you find it appropriate, make photocopies of the Summary of Overheads for distribution to the participants. At the end of the presentation be sure to ask the participants if they have any comments or questions, or if they need clarification. (30 minutes)
EXERCISE 3B / Exercise 3B. Making Access Decisions. (4 hours 15 minutes)
Phase 1. Group work (60 minutes)
- Distribute handouts 2.3B.3 to 2.3B.5. Handout 2.3B.5 gives clear instructions for the exercise. Go over the instructions with the participants step by step. (5 minutes)
- Form four groups of participants. Have each group elect a rapporteur. (5 minutes)
- (experience) Each group works on the case-study assigned to it, as follows: (50 minutes)
Group B: Hypothetical Case 2 (handout 2.3B.7)
Group C: Hypothetical Case 3 (handout 2.3B.8)
Group D; Hypothetical Case 4 (handout 2.3B.9)
Phase 2. Trip around the tables (1 hour 15 minutes)
- (experience) Invite the rapporteurs to begin their trip around the tables. They have 15 minutes to visit each table. They present their groups’ inputs and collect contributions to improve their list of responses. (45 minutes)
- (experience) Ask the rapporteurs to return to their own groups and share the contributions collected during the trip and decide on the best answers. The rapporteurs write the results on a flipchart and prepare to present their groups’ results. (30 minutes)
- (process, generalization) Analyze the responses and provide feedback on the context of the presentations on the basis of the general observations provided in handout 2.3B.14. Distribute Handout 2.3B.14 to the participants and explain to them that they will need it for the next exercise. Close the session.
SESSION 3C / 14:00 – 15:30 Session 3C. Comparing Legislative Strategies
15:30 – 15:45 Tea/Coffee Break
15:45 – 17:15 Session 3C. (Continued)
EXERCISE 3C
/ Exercise 3C. ABS Considerations. (2 hours 30 minutes)Phase 1. Group work (60 minutes)
- Form four groups of participants, have each group elect a rapporteur. (5 minutes)
Role A: Pretend you are a National Competent Authority in the Latin American country
Venezilru. Your national genebank has many accessions of tropical forage legumes.
Role B: Pretend you represent a National genebank from the African country Tanenyabia. Your genebank has many interesting landraces, including accessions of tropical grass.
3.The participants’ task is to respond to the following:
a)What elements would you need to see in ABS legislation to facilitate access in cases where you determine it is in the national interest to facilitate access?b)Would the legislation in Exercise 3B have helped or hindered you in coming to your decision?c)If you were asked to devise ABS legislation, what information about your country would you want to have to facilitate your consideration of approach and options?d)Create a flow chart of decision-points that you came to while deciding on access in part A.
As the groups work, circulate to check their progress. Clarify any concerns a group might have. Remind the groups of the time remaining.
4.(experience) Ask the rapporteurs to record their groups’ conclusions on a flipchart to present to the audience.
Phase 2. Presentation and discussion (1 hour and 25 minutes)
- (process, generalization) Invite the rapporteurs to present the results of their groups’ discussions to the audience. Each rappporteur has 10 minutes to report. (40 minutes)
- (generalization) Provide feedback on the context of the presentations, follow up with a brief discussion. Close the session. (45 minutes)
CLOSURE / Closure (5 minutes)
(application) Ask the participants, “What might you do differently in your job as a result of what you have learned?”
17:15 – 17:30 Feedback on the Day’s Activities and PAPA
OBJECTIVES
/ By the end of this session, the participants will be able to do the following:Provide feedback on the day’s activities.
Consider possible actions they would like to take in their own organizations.
PROCEDURE
/ Training technique: individual exercise.FEEDBACK
/ Highlight positive and negative points of the day. Note areas that may need additional attention in the workshop. Participants can describe some strengths and weaknesses of this day on handout 2.3C.4. (5 minutes)PAPA
/ (application) Ask the participants to take time to jot down some action ideas they may have for themselves as a result of today’s activities. They can use handout 2.3C.5. (10 minutes)Remember to invite a volunteer to prepare a brief report of this day summarizing major lessons learned, for presentation during next day’s pre-session.
Prepare a summary of the day’s evaluation for next morning.
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Session 3B
Instructions to Trainers
Summary of Overheads
2.3B.1
2.3B.2
2.3B.3
2.3B.4
2.3B.5
2.3B.6
2.3B.7
2.3B.8
2.3B.9
2.3B.10
2.3B.11
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Session 3B/Handout 1
(2.3B.1)
Handout — Overview of Day Two
Law and Policy of Relevance
to the Management of Plant Genetic Resources
Objectives
By the end of the day the participants will be able to do the following:
- Outline elements of a genebank policy on access and distribution.
- Discuss the Convention on Biological Diversity.
- Make access decisions.
- Identify the elements of the ABS legislation to facilitate access to biological resources
Handouts
2.3B.1Overview of Day Two
2.3B.2Tentative Schedule of Day Two
2.3B.3Convention on Biological Diversity
2.3B.4The Convention on Biological Diversity
2.3B.5Exercise 3B. Making Access Decisions
2.3B.6Exercise 3B. Worksheet
2.3B.7Hypothetical Case 1
2.3B.8Hypothetical Case 2
2.3B.9Hypothetical Case 3
2.3B.10Hypothetical Case 4
2.3B.11Situation A: National ABS Legislation
2.3B.12Situation B: National ABS Legislation
2.3B.13Situation C: No National ABS Legislation
2.3B.14General Observations
2.3C.1Exercise 3C: ABS Considerations
2.3C.2Exercise 3C: Worksheet (Role A)
2.3C.3Exercise 3C: Worksheet (Role B)
2.3C.4Strengths and Weaknesses of Day Two
2.3C.5PAPA—First Stage
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Session 3B/Handout 2
(2.3B.2)
Handout — Tentative Schedule of Day Two
Law and Policy of Relevance
to the Management of Plant Genetic Resources
08:30 – 09:00Opening of the Day’s Activities
09:00 – 10:30Session 3B. Convention on Biological Diversity: Making Access Decisions
(Exercise )
10:30 – 10:45Tea/Coffee Break
10:45 – 13:00Session 3B. (Continued)
(Exercise)
13:00 – 14:00 Lunch
14:00 – 15:30Session 3C. Comparing Legislative Strategies
(Exercise)
15:30 – 15:45Tea/Coffee Break
15:45 – 17:15Session 3C. (Continued)
(Exercise)
17:15 – 17:30Feedback on the Day’s Activities and PAPA
Law and Policy of Relevance to the Management of Plant Genetic Resources1
Day 2/Session 3B/Handout 3
(2.3B.3)
Convention on Biological Diversity
5 June 1992
Preamble
The Contracting Parties,
Conscious of the intrinsic value of biological diversity and of the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components,
Conscious also of the importance of biological diversity for evolution and for maintaining life-sustaining systems of the biosphere,
Affirming that the conservation of biological diversity is a common concern of humankind,
Reaffirming that States have sovereign rights over their own biological resources,
Reaffirming also that States are responsible for conserving their biological diversity and for using their biological resources in a sustainable manner,
Concerned that biological diversity is being significantly reduced by certain human activities,
Aware of the general lack of information and knowledge regarding biological diversity and of the urgent need to develop scientific, technical and institutional capacities to provide the basic understanding upon which to plan and implement appropriate measures,
Noting that it is vital to anticipate, prevent and attack the causes of significant reduction or loss of biological diversity at source,
Noting also that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat,
Noting further that the fundamental requirement for the conservation of biological diversity is the in-situ conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings,
Noting further that ex-situ measures, preferably in the country of origin, also have an important role to play,
Recognizing the close and traditional dependence of many indigenous and local communities embodying traditional lifestyles on biological resources, and the desirability of sharing equitably benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components,
Recognizing also the vital role that women play in the conservation and sustainable use of biological diversity and affirming the need for the full participation of women at all levels of policy-making and implementation for biological diversity conservation,
Stressing the importance of, and the need to promote, international, regional and global cooperation among States and intergovernmental organizations and the non-governmental sector for the conservation of biological diversity and the sustainable use of its components,
Acknowledging that the provision of new and additional financial resources and appropriate access to relevant technologies can be expected to make a substantial difference in the world's ability to address the loss of biological diversity,
Acknowledging further that special provision is required to meet the needs of developing countries, including the provision of new and additional financial resources and appropriate access to relevant technologies,
Noting in this regard the special conditions of the least developed countries and small island States,
Acknowledging that substantial investments are required to conserve biological diversity and that there is the expectation of a broad range of environmental, economic and social benefits from those investments,
Recognizing that economic and social development and poverty eradication are the first and overriding priorities of developing countries,
Aware that conservation and sustainable use of biological diversity is of critical importance for meeting the food, health and other needs of the growing world population, for which purpose access to and sharing of both genetic resources and technologies are essential,
Noting that, ultimately, the conservation and sustainable use of biological diversity will strengthen friendly relations among States and contribute to peace for humankind,
Desiring to enhance and complement existing international arrangements for the conservation of biological diversity and sustainable use of its components, and
Determined to conserve and sustainably use biological diversity for the benefit of present and future generations,
Have agreed as follows:
Article 1. Objectives
The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding.
Article 2. Use of Terms
For the purposes of this Convention:
“Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.
“Biological resources” includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.
“Biotechnology” means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.
“Country of origin of genetic resources” means the country which possesses those genetic resources in in-situ conditions.
“Country providing genetic resources” means the country supplying genetic resources collected from in-situ sources, including populations of both wild and domesticated species, or taken from ex-situ sources, which may or may not have originated in that country.
“Domesticated or cultivated species” means species in which the evolutionary process has been influenced by humans to meet their needs.
“Ecosystem” means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit.
“Ex-situ conservation” means the conservation of components of biological diversity outside their natural habitats.
“Genetic material” means any material of plant, animal, microbial or other origin containing functional units of heredity.
“Genetic resources” means genetic material of actual or potential value.
“Habitat” means the place or type of site where an organism or population naturally occurs.
“In-situ conditions” means conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.
“In-situ conservation” means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.
“Protected area” means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives.
“Regional economic integration organization” means an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it.
“Sustainable use” means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
“Technology” includes biotechnology.
Article 3. Principle
States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.