What is the project about?
Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol is a project available in 24 countries including Mongolia. The project will focus on:
- Developing National ABS legal frameworks;
- Enhancing capacities of national and state competent authorities, related agencies, academic and research institutions and other stakeholders including private sector and local communities;
- Supporting institutional framework for sui generis systems for protecting traditional knowledge;
- Improving mechanism that facilitate ABS Clearing House;
- Raising awareness on the importance of genetic resources as source of innovation.
The National Project has three main components:
- Strengthening legal, policy and institutional capacity to develop national ABS frameworks;
- Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts;
- Strengthening capacity of indigenous local communities to contribute to the implementation of the Nagoya Protocol.
- Legal framework on genetic resources and associated traditional knowledge research, registration, preservation, protection, access and the fair and equitable sharing of benefits arising from their utilization will be in place, and collaborations of pertinent stakeholders will be strengthened;
- Integrated database of associated traditional knowledge will be established, and all relevant information will be consistent and transparent at the ABS Clearing-house of the Nagoya Protocol;
- New opportunities for biodiscovery efforts to identify, collect and process genetic resources will be determined, and the values as well as the importance of biodiscovery projects will be mainstreamed for researchers and public to create a relevant research environment;
- Local community capacities including protection of genetic resources, documentation and preservation of associated traditional knowledge, and negotiation on sharing of benefits arising from the utilization of traditional knowledge, will be enhanced.
Who implements it?
The national project is being implemented by the UNDP Country Office in cooperation with the Ministry of Environment and Tourism and other pertinent stakeholders.
About the Nagoya Protocol
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014. It is a supplementary agreement to the Convention on Biological Diversity, which provides legal certainty and transparency for both providers and users of genetic resources by:
- Establishing more predictable conditions for access to genetic resources;
- Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources.
The Protocol creates incentives to conserve biological diversity, sustainably use its components, and further enhance the contribution of biological diversity to sustainable development and human well-being. The protocol is also envisioned to strengthen the ability of local communities to benefit from the use of their knowledge, innovations and practices related to genetic diversity. Mongolia signed the Nagoya protocol in 26 January 2012, ratified in 21 May 2013 and become the party in 12 October 2014.
The Core Obligations of the Nagoya Protocol for its contracting Parties:
Three main core obligations are followed by the contracting parties:
- Access obligations are a set of rules at national level which aims at creating the legal framework on ABS measures that is legally certain, clear and transparent, for the access of genetic resources including Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT), permits or equivalents (where relevant, involving indigenous and local communities). The parties create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use.
- Benefit-sharing obligations are also national level rules to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources with the party providing genetic resources including associated traditional knowledge. Utilization includes research and development on the genetic or biochemical composition of genetic resources, as well as subsequent applications and commercialization. Sharing is subject to MAT. Benefits may be monetary or non-monetary such as royalties and the sharing of research results.
- Compliance obligations are taking measures to assess if genetic resources utilized within their jurisdiction have been accessed in accordance with PIC; ensuring an opportunity is available to seek resource under their legal systems when disputes arise from MAT; and taking measures to monitor the utilization of genetic resources after they leave the provider at any stage of the value-chain etc.
Tools and mechanisms to assist implementation of Nagoya Protocol includes establishment of national competent authorities, national focal points and ABS Clearing-House, capacity building and awareness-raising.
Genetic Resources and Associated Traditional Knowledge
The Nagoya Protocol addresses traditional knowledge associated with genetic resources with provisions on access, benefit-sharing and compliance. It also addresses genetic resources where indigenous and local communities have the established right to grant access to them. Contracting Parties are to take measures to ensure these communities’ prior informed consent, and fair and equitable benefit-sharing, keeping in mind community laws and procedures as well as customary use and exchange 1.
Mongolia's genetic resource
Mongolia is a country with unique ecosystems and biota, extreme environments and climatic conditions, high endemism of genetic resources. The Siberian Taiga forests, the Asian Steppe, and the Gobi Desert together form transitional ecosystems with a species composition of unique features and conditions 2 that provide vital ecosystem services, which is enhanced by the genetic resources. Well-being of Mongolian people intimately and directly linked with the ecosystem services and genetic diversity. For instance, there are over 5,682 plant species recorded in Mongolia, more than 100 species of plants are currently used for medicinal purposes and more than 200 species for pharmaceutical purposes, 200 species are used for tea, 50 species for food, and over 100 species are important for livestock feed.