UK Focal Point on Access to Genetic Resources and Benefit Sharing

Introduction | Legal Summary | Access To Resources | Related Links

Introduction and context

How are countries implementing the provisions of the CBD on access and benefit-sharing?

Article 15(1) of the CBD makes it clear that the regulation of access to genetic resources is a matter for national governments to determine, given national sovereignty over these resources. Consequently, countries have a great deal of discretion to decide how to regulate access. In practice, the number of countries developing national laws and policies on this subject has been growing fast since 1993.

At the time of launch of this Website, regional groups, national governments or state governments already regulating access to genetic resources to ensure prior informed consent and benefit-sharing included:

• the Andean Pact (Bolivia, Colombia, Ecuador, Peru, Venezuela);
• Australia (the States of Western Australia and Queensland);
• Brazil (at the Federal level and the States of Acre and Amapa); C
• Cameroon; Costa Rica;
• the Republic of Korea;
• Malaysia (the State of Sarawak);
• Mexico;
• the United States of America (within Yellowstone and other national parks),
• and the Philippines.

Those planning to regulate access to genetic resources to ensure prior informed consent and benefit-sharing included:

the member countries of the Association of South-East Asian Nations (ASEAN);

• Australia (the Commonwealth);
• Ivory Coast;
• Cuba;
• Ethiopia;
• Eritrea;
• Fiji;
• the Gambia;
• Guatemala;
• India;
• Indonesia;
• Kenya;
• Lao PDR;
• Lesotho;
• Malawi;
• Malaysia (at the national level and the State of Sabah);
• Mozambique;
• Namibia;
• Nicaragua;
• Nigeria;
• the Organisation of African Unity;
• Pakistan,
• Papua New Guinea;
• Samoa;
• the Seychelles;
• the Solomon Islands;
• South Africa;
• Sri Lanka;
• Tanzania;
• Thailand;
• Uganda;
• Vanuatu;
• Vietnam;

and Yemen. Belize, China, El Salvador, Ghana, Guyana, Hungary, Iceland, Panama, the Russian Federation and Zimbabwe may also be planning to regulate access to genetic resources in the near future.