Access and Benefit-sharing at UN Biodiversity COP 15 in Montreal, Canada

‘Rooibos’, pronounced “roy-boss” (Aspalathus linearis) is a mountain bush endemic to South Africa. It makes a deep red brew devoid of caffeine and low in tannin and is a healthy alternative to coffee or tea. Loaded with antioxidants, it can boost immunity, reduce risks of heart diseases, and has anti-aging properties! The San and Khoi communities were the first to learn health benefits of rooibos’ needle-like leaves, but have remained marginalized in its trade.
In 2010, Swiss company Nestle claimed 5 patents on products prepared from rooibos to treat inflammatory diseases and as probiotic foods. But the San and Khoi indigenous communities opposed the move and the patent applications were rejected. This is significant as it recognizes the communities as traditional knowledge-holders of the benefits of tea.
In 2019, the government facilitated an agreement between 10 processors and the San and Khoi, wherein the communities would receive 1.5% of the farm-gate price annually. In July 2022, the industry paid 12.2 million Rand (around US $709,000) to organizations representing the communities.
This deal shows the potential of the UN Convention on Biological Diversity (CBD), the only international legal instrument for the conservation of biodiversity, its sustainable use, and most importantly fair and equitable sharing of benefits arising from the use of this biodiversity.
Access and benefit sharing would be discussed at this year’s UN Biodiversity COP15 to be held in Montreal, Canada. CoP15 is particularly important as a new global biodiversity framework is set to be adopted. The Post-2020 Global Biodiversity Framework will continue the work done under the Aichi Biodiversity Targets set in 2010.
Down To Earth’s analysis of such agreements available on the Access and Benefit-sharing Clearing-House, indicates that targets have not been met!
As of November 15, 2022, 25 countries have provided 4,344 internationally recognized certificates of compliance (IRCCs) to access resources in accordance with CBD guidelines. IRCCs are proof that transfer and usage of materials and knowledge have happened in accordance with the Nagoya Protocol.
The fact that only a few countries have issued these certificates suggests that nations lack the capacity to deal with such requests.
The data also indicates that 1,281 of the overall 4,344 IRCCs are for commercial purposes and have been issued by 16 of the 25 countries. The remaining are for non-commercial purposes like research that do not benefit communities directly, or for purposes not indicated in the IRCCs and hence their benefits remain unknown.
Africa, for instance, has issued only 169 IRCCs. All IRCCs of Kenya are for non-commercial agreements. South Africa which began with commercial agreements has now shifted to non-commercial agreements.
The biodiversity-rich region of Latin America and the Caribbean has issued just 165 IRCCs. Peru leads the region but with mainly non-commercial agreements. Argentina and Panama follow the same trajectory.
The findings do not inspire confidence; communities managing and providing biodiversity resources do not get benefits, while users evade restrictions, rules and cost of access.
Communities in India, which has issued the most number of IRCCs in the world so far, have also not earned much despite benefit-sharing laws and systems in place. Take the case of kurinji honey which is considered rare as it is collected from bees that feed on a shrub (Strobilanthes kunthiana) with a purplish blue flower that blooms once in 12 years. Peliyan tribal community and a Kodaikanal-based non-profit entered into an agreement in 2019 with Jasmine Concrete Exports Pvt. a Chennai-based exporter and Firmenich Grasse, a fragrance and flavor company in France to access and study the honey. Upfront payment was made for 1 kg of honey, with room for further agreements if products prepared with it are commercialized. So far, neither the community nor the non-profit has heard from the companies.
CBD is not supposed to benefit just researchers or governments, but also people who have conserved the world’s biodiversity. There is still a need to find ways to enhance the contribution of benefit sharing to local livelihoods and biodiversity as a way to fully recognize and empower actors on the ground. This is what negotiators at COP15 must keep in mind.
Down to Earth is Science and Environment fortnightly published by the Society for Environmental Communication, New Delhi. We publish news and analysis on issues that deal with sustainable development, which we scan through the eyes of science and environment.

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