Metadata Factsheet

1. Indicator name

Number of countries that have taken effective legal, policy, administrative and capacity-building measures at all levels, as appropriate, to ensure the fair and equitable sharing of benefits from the utilization of genetic resources and from digital sequence information on genetic resources, as well as traditional knowledge associated with genetic resources.

2. Date of metadata update

2024-09-01 12:00:00 UTC

3. Goals and Targets addressed

3a. Goal

N/A

3b. Target

Binary indicator for Target 13. Take effective legal, policy, administrative and capacity-building measures at all levels, as appropriate, to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources and from digital sequence information on genetic resources, as well as traditional knowledge associated with genetic resources, and facilitating appropriate access to genetic resources, and by 2030, facilitating a significant increase of the benefits shared, in accordance with applicable international access and benefit-sharing instruments.

4. Rationale

1. The sharing of benefits that arise from the utilization of genetic resources and associated traditional knowledge is one of the three objectives of the Convention and a key pillar for the success of its implementation. It builds an equity dimension among countries providing and using biodiversity with the dual objective of providing incentives for conservation and sustainable use of biodiversity and mobilizing new resources redirected towards biodiversity. Access and benefit-sharing is included in several international instruments. Under the Convention, the framework for the implementation of its third objective is provided in Article 15. In addition, Article 8(j) contains provision to encourage the equitable sharing of the benefits arising from the utilization of knowledge, innovations and practices of indigenous peoples and local communities embodying traditional lifestyles relevant for conservation and sustainable use of biological diversity. The adoption of the Nagoya Protocol on Access and Benefit Sharing (ABS) created greater legal certainty, clarity and transparency for both users and providers of genetic resources and associated traditional knowledge. At COP 15 in December 2022, Parties agreed to develop a solution for the sharing of benefits arising from the use of digital sequence information (DSI) on genetic resources and established a way forward to advance the consideration of this issue under the Convention.

2. The implementation of these Articles and of the Nagoya Protocol require active governmental involvement and regulation of genetic resources and their use for the benefit of all members of society. Therefore, one of the main elements of this target is to put in place legal, policy and administrative measures on ABS. As such, this indicator tracks Parties’ progress towards implementing the necessary measures on ABS.

5. Definitions, concepts and classifications

5a. Definition

3. Benefits arising from the utilization of genetic resources or traditional knowledge associated with genetic resources: Benefits may include monetary and non-monetary benefits, including but not limited to those listed in the Annex of the Nagoya Protocol.

4. Access and benefit sharing: One of the three objectives of the Convention on Biological Diversity, as set out in its Article 1, is 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. The CBD also has several articles (especially Article 15) regarding international aspects of access to genetic resources. Access and benefit-sharing refers to the way in which genetic resources may be accessed, and how the benefits that result from their use are shared between the people or countries using the resources (users) and the people or countries that provide them (providers). In some cases, this also includes valuable traditional knowledge associated with genetic resources that comes from indigenous peoples and local communities. The benefits to be shared can be monetary, such as sharing royalties when the resources are used to create a commercial product, or non-monetary, such as the development of research skills and knowledge.

5. Genetic resources: Genetic resources means genetic material of actual or potential value. (CBD, article 2). Note that genetic material means any material of plant, animal, microbial or other origin containing functional units of heredity.

6. Traditional knowledge: The concept of Traditional Knowledge (TK) in the Convention for Biological Diversity (CBD) has two characteristics. Firstly, CBD defines TK as one kind of knowledge, innovations and practices which is helpful to conservation and sustainable use of biodiversity. Secondly, CBD limits the TK to link with indigenous peoples and local communitiesembodying traditional lifestyles, i.e. these TK were created and preserved by IP indigenous peoples and local communities and they are accumulated, developed and inherited generation by generation.

5b. Method of computation

7. This indicator is a binary indicator and must be compiled from the answers to six questions:

(a) 13.1 Does your country have effective legal, administrative and policy measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources?

(b) 13.2 Does your country have capacity-building measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources?

(c) 13.3 Do the measures mentioned in question[s] 13.1 [and 13.2] include the utilization of traditional knowledge associated with genetic resources?

(d) 13.4a Does your country monitor [the fair and equitable benefit-sharing arising] [the] [benefits received] from the utilization of genetic resources and/or traditional knowledge associated with genetic resources [that were accessed from your country]?

(e) 13.4b Does your country monitor non-monetary [the fair and equitable benefit-sharing arising] [the benefits received] from the utilization of genetic resources and/or traditional knowledge associated with genetic resources [that were accessed from your country]?

(f) [13.5 Has your country established measures to ensure compliance with domestic access and benefit-sharing legislation of the country of origin of the genetic resources?]

8. There are five possible answers to questions 13.1, 13.2, 13.4a, 13.4b and 13.5:

(a) No

(b) Under development

(d) Fully

(e) Not applicable

9. A “No” answer implies that:

(a) no legal, administrative and policy measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources are in place or operational (13.1). Therefore, no legal, administrative and policy measures exist in the country for ABS.

(b) no capacity-building measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources are in place or operational (13.2). Therefore, no capacity-building measures exist in the country for ABS.

(c) there is no ongoing monitoring of monetary benefits from the utilization of genetic resources nor traditional knowledge associated with genetic resources (13.4a).

(d) there is no ongoing monitoring of non-monetary benefits from the utilization of genetic resources nor traditional knowledge associated with genetic resources (13.4b).

(e) no measures have been established to ensure compliance with domestic access and benefit-sharing of the country of origin of the genetic resources (13.5).

10. An “Under development” answer implies a concerted effort at the national level to:

(a) implement legal, administrative and policy measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources (13.1).

(b) implement capacity-building measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources (13.2).

(c) monitor monetary benefits from the utilization of genetic resources or traditional knowledge associated with genetic resources (13.4a).

(d) monitor non-monetary benefits from the utilization of genetic resources or traditional knowledge associated with genetic resources (13.4b).

(e) implement measures to ensure compliance with domestic access and benefit-sharing of the country of origin of the genetic resources (13.5).

(f) Such measures may be at various stages of development: proposal or accepted, but they are not operational. If there is progress towards implementing measures but these are not resourced and ongoing then select this answer.

11. Such monitoring may be at various stages of development: proposal or accepted, but it is not operational. If there is progress towards monitoring but it is not resourced and ongoing then select this answer.

12. A “Partially” answer implies that:

(a) some legal, administrative and policy measures to ensure the fair and equitable sharing of benefits that arise from the utilization of some genetic resources are in place and operational (13.1). If the measures put in place cover only some genetic resources but not all, then only partial achievement has been reached. Additionally, if only a legal, policy or administrative framework is in place, even if it covers all genetic resources, then select this answer.

(b) capacity-building measures to ensure the fair and equitable sharing of benefits that arise from the utilization of some genetic resources are in place and operational (13.2). That is, these measures do not apply to all benefits or genetic resources.

(c) monitoring of some monetary benefits from the utilization of genetic resources and/or traditional knowledge associated with some genetic resources (13.4a) is ongoing. That is, data is being collected on part of the monetary benefits and/or only some genetic resources.

(d) monitoring of some non-monetary benefits from the utilization of genetic resources and/or traditional knowledge associated with some genetic resources (13.4b) is ongoing. That is, data is being collected on part of the non-monetary benefits and/or only some genetic resources.

(e) measures to ensure compliance with domestic access and benefit-sharing of the country of origin for some genetic resources are in place and operational (13.5). That is, these measures do not apply to all genetic resources.

13. A “Fully” answer implies that all the conditions outlined in “Partially” have been met. Namely that:

(a) legal, administrative and policy measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources are in place and operational (13.1) and that these cover all genetic resources.

(b) capacity-building measures to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources are in place and operational (13.2) and that these cover all genetic resources.

(c) monitoring of monetary benefits from the utilization of genetic resources and/or traditional knowledge associated with some genetic resources (13.4a) is ongoing. That is, data is being collected on the monetary benefits of all genetic resources.

(d) monitoring of some non-monetary benefits from the utilization of genetic resources and/or traditional knowledge associated with genetic resources (13.4b) is ongoing. That is, data is being collected on the non-monetary benefits of all genetic resources.

(e) measures to ensure compliance with domestic access and benefit-sharing of the country of origin for genetic resources are in place and operational (13.5). That is, these measures apply to all genetic resources and respective countries of origin.

14. A “Not applicable” answer can be selected by parties who have chosen not to regulate access to genetic resources under Article 6 of the Nagoya Protocol.

15. There are three possible answers to question 13.2 [1]:

(a) No

(b) Yes

16. A “No” answer implies that the framework or measures mentioned in question[s] 13.1 [and 13.2] do not include the utilization of the traditional knowledge associated with genetic resources.

17. A “Yes” answer implies that the framework or measures mentioned in question[s] 13.1 [and 13.2] do include the utilization of the traditional knowledge associated with genetic resources.

18. A “Not applicable” answer is to be selected by Parties who have chosen not to regulate traditional knowledge associated with genetic resources under Article 6 of the Nagoya Protocol.

[1] Further information on progress towards the target can be provided in the free text section of the reporting tool.

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