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Access and Benefit-Sharing (ABS): Advances and Challenges in Global Debates

The topic of Access and Benefit-Sharing (ABS) has been gaining prominence on the international stage, and COP16 has brought significant debates and innovations to light. Among the events followed by GSS, some promoted by the Brazilian government and the National Confederation of Industry (CNI) addressed the implementation of the Nagoya Protocol and the opportunities and challenges it presents for Brazil and the world.


Implementation of the Nagoya Protocol in Brazil


The event “Implementing the Nagoya Protocol in Brazil: Challenges and Opportunities”, promoted by the Department of Genetic Heritage of the Ministry of the Environment (DPG/MMA) and the CNI, highlighted Brazil’s example in regulating ABS. The discussion centered on Law No. 13.123/2015, which regulates the access to and use of genetic heritage and traditional knowledge, and SisGen, the system responsible for this management.


A significant development was the announcement of a new version of SisGen, scheduled for next year, which will allow the registration of foreign users. Currently, international institutions must partner with Brazilian institutions to use the system. This update aims to broaden access to the system, and the MMA (Ministry of the Environment) has made available a registration form for those interested in participating in the testing phase.


The CNI also announced the launch of English and Spanish versions of its free course on Brazilian Biodiversity Law. The initiative seeks to train foreign companies on national legislation, encouraging the proper valuation and regular management of Brazil’s genetic resources. By becoming familiar with the rules, the private sector can operate more safely and sustainably.


ABS Seal in the Dominican Republic: a milestone of recognition


Another relevant panel was the launch of the “Sello ABS RD”, promoted by the government of the Dominican Republic. Created in July 2024, the seal recognizes companies that fulfill their ABS obligations and perform well in negotiations with the competent authorities. The Dominican Republic, with its rich biodiversity, is a hub of interest for both national and international private sectors, particularly in the cosmetics and ecotourism industries.


This seal can be displayed on the products of certified companies, attesting to their commitment to ABS obligations and providing them with a competitive advantage. Although it does not replace Access Contracts or Internationally Recognized Conformity Certificates (IRCC), the seal serves as a badge of best practices, acknowledging companies that promote sustainable socioeconomic development while respecting the rights of local communities and indigenous peoples.


ABS Clearing-House: transparency and international collaboration


Another highlight was the workshop on the ABS Clearing-House (ABS-CH), an international platform that centralizes information on the implementation of the Nagoya Protocol. The ABS-CH, established under Article 14 of the Protocol and Article 18 of the Convention on Biological Diversity, is an essential tool for sharing data and ABS procedures among different countries.


The workshop emphasized the importance of training the authorities responsible for publishing information on the platform. A participatory questionnaire revealed that users' familiarity with the platform still faces challenges, and data indicate increasing use of the ABS-CH, with the United States, Germany, and Japan leading the visits. The website is expected to undergo improvements in 2025, with new submission fields, monthly reports, and enhancements in the organization of information.


Despite the progress, one of the main challenges remains the updating of information by the States Parties, especially the contact details of the National Focal Points, which are essential for ensuring the accuracy and reliability of the platform.


Perspectives for the Future of ABS


At COP16, discussions on ABS focused on improving regulatory, institutional, and informational mechanisms, with an emphasis on the regularization and recognition of users of genetic resources. The diversity of systems and programs, both national and international, is seen as a way to accommodate the different realities and users of genetic heritage and traditional knowledge around the world.


The way forward involves creating solutions that balance economic development with environmental preservation, promoting the responsible and sustainable use of global biodiversity.


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