Access to genetic resources and the fair and equitable sharing of benefits arising out of their utilization

The Convention on Biological Diversity recognises the sovereign rights of States over their natural resources in areas within their jurisdiction. Parties to the Convention therefore have the authority to determine physical access to genetic resources in areas within their jurisdiction. Parties also have the obligation to take appropriate measures with the aim of sharing the benefits derived from their use. This is one of the three fundamental objectives of the Convention.

Genetic resources whether from plant, animal or micro-organisms may be used for different purposes (e.g. basic research, commercialisation of products). Users of genetic resources may include research institutes, universities and private companies operating in various sectors such as pharmaceuticals, cosmetics, agriculture, horticulture and biotechnology.

Benefits derived from genetic resources may include the result of research and development carried out on genetic resources, the transfer of technologies which make use of those resources, participation in biotechnological research activities, or monetary benefits arising from the commercialisation of products based on genetic resources. One example of monetary benefits could be the sharing of royalties arising from patented products based on genetic resources.

The present global biota has been affected by fluctuating Pleistocene (last 1.8 million years) concentrations of atmospheric carbon dioxide, temperature, and precipitation, and has coped through evolutionary changes, species plasticity, range movements, and/or the ability to survive in small patches of favourable habitat (refugia). These changes, however, occurred in a landscape that was not as fragmented as it is today and with little or no additional pressure from human activities.

Habitat fragmentation has confined many species to relatively small areas within their previous ranges, resulting in reduced genetic variability. Warming beyond the ceiling of temperatures reached during the Pleistocene will stress ecosystems and their biodiversity far beyond the levels imposed by the global climatic change that occurred in the recent evolutionary past.

Current rates and magnitude of species extinction far exceed normal background rates. Human activities have already resulted in the loss of biodiversity and thus may have affected goods and services crucial for human well-being. The rate and magnitude of climate change induced by increased greenhouse gas emissions has and will continue to affect biodiversity either directly or in combination with other drivers of change.

For instance, global benefits from coral reefs including tourism, fisheries and coastal protection are estimated at some US$30 billion per year; insect pollination of over 40 commercial crops in the United States alone at US$ 30 billion per year. The market for herbal drugs amounted to US$47 billion in 2000.

Many biodiversity goods and services are not traded on markets, and their value is not properly reflected in market prices. The economic work under the Convention seeks to promote the valuation of these goods and services, and to introduce measures that correct the incentives of individuals, governments and companies towards more effective conservation and sustainable use of biodiversity, including by promoting the trade of biodiversity-based goods that are produced in a sustainable manner. It also seeks to ensure the mutual supportiveness of international trade rules and the objectives of the Convention.

The ecosystem approach is a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way. Application of the ecosystem approach will help to reach a balance of the three objectives of the Convention.

It is based on the application of appropriate scientific methodologies focused on levels of biological organization which encompass the essential processes, functions and interactions among organisms and their environment. It recognizes that humans, with their cultural diversity, are an integral component of ecosystems.

As described by the Conference of the Parties (COP), the ecosystem approach is the primary framework for action under the Convention. The COP, at its Fifth Meeting, endorsed the description of the ecosystem approach and operational guidance and recommended the application of the principles and other guidance on the Ecosystem Approach (decision V/6).

The seventh meeting of the COP agreed that the priority at this time should be on facilitating implementation of the ecosystem approach and welcomed additional guidelines to this effect (decision VII/11).

It is clear that IAS can produce substantial environmental and economic damage, and their negative effects are exacerbated by climate change, pollution, habitat loss and human-induced disturbance. Increasing domination by a few invasive species increases global homogenization of biodiversity, reducing local diversity and distinctiveness.

IAS can change the community structure and species composition of native ecosystems directly by out-competing indigenous species for resources. IAS may also have important indirect effects through changes in nutrient cycling, ecosystem function and ecological relationships between native species.

IAS can also cause cascading effects with other organisms when one species affects another via intermediate species, a shared natural enemy or a shared resource. These chain reactions can be difficult to identify and predict. Furthermore, aggregate effects of multiple invasive species can have large and complex impacts in an ecosystem.

A checklist of invasive of organisms is provided below. The following are classified as invasive in Malaysia by the Global Invasive Species Database:

1. Aquatic plants
2. Algae
3. Birds
4. Fish
5. Grasses
6. Herbs
7. Insects
8. Mammals
9. Micro-organisms
10. Molluscs
11. Sedges
12. Shrubs
13. Trees
14. Vines

Tourism is one of the world's fastest growing industries as well as the major source of foreign exchange earning and employment for many developing countries, and it is increasingly focusing on natural environments.

However, tourism is a double-edged activity. It has the potential to contribute in a positive manner to socio-economic achievements but, at the same time, its fast and sometimes uncontrolled growth can be the major cause of degradation of the environment and loss of local identity and traditional cultures.

Biological and physical resources are in fact the assets that attract tourists. However, the stress imposed by tourism activities on fragile ecosystems accelerates and aggravates their depletion.

Paradoxically, the very success of tourism may lead to the degradation of the natural environment: reducing their attractiveness to tourists, the very commodity that ecotourism has to offer.

As far as economic benefits are concerned, tourism certainly constitutes an opportunity for economic development, economic diversification and the growth of related activities, in developing countries. It contributes around 1.5 per cent of world gross national product. Tourism is also a major source of income and employment.

Tourism based on the natural environment (ecotourism) is a vital growing segment of the tourism industry and, despite the negative impacts, and given the fact that tourism generates a large proportion of income and that a growing percentage of the activities are nature-based, tourism does present a significant potential for realizing benefits in terms of the conservation of biological diversity and the sustainable use of its components.

Among the benefits are direct revenues generated by fees and taxes incurred and voluntary payments for the use of biological resources. These revenues can be used for the maintenance of natural areas and the contribution of tourism to economic development, including linkage effects to other related sectors and job-creation.

Sustainable tourism can make positive improvements to biological diversity conservation especially when local communities are directly involved with operators. If such local communities receive income directly from a tourist enterprise they, in turn, increasing value the resources around them.

This is followed by greater protection and conservation of those resources as they are recognized as the source of income. Moreover, sustainable tourism can serve as a major educational opportunity, increasing knowledge of and respect for natural ecosystems and biological resources.

Other benefits include the provision of incentives for maintaining traditional arts and crafts, traditional knowledge, and innovations and practices that contribute to the sustainable use of biological diversity.

Article 8(j) states

Each contracting Party shall, as far as possible and as appropriate:

Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices.