Olivier Rukundo

A practical illustration: the case of the

mamala tree (Homalanthus nutans)

� A Rainforest species collected in Samoa.

� The bark and stemwood of the mamala tree is used

traditionally by the Samoan people to make an anti-viral

tea to cure hepatitis,

� It also contains a gene which is effective against the HIV

virus.

Mamala tree cont’d� Subsequently been used to produce an anti-HIV compound called

Prostratin.

� Before sending samples of the tree for testing, the researcher

obtained prior informed consent from the Samoan government and

traditional Samoan healers and chiefs.

� Once the anti-viral properties were discovered and further ressearch

and development was needed, benefit-sharing agreements (monetary

and non-monetary) were signed.

� Since the discovery of the compound was based on knowledge of

traditional Samoan healers, the Aids Research Alliance decided to

return 20% of the revenue from

Mamala tree � The University of California at Berkeley also expressed

interest in cloning the gene for mass fabrication of

Prostratin and entered into a memorandum of

understanding with the Samoan Government to return

50% of net revenue to the Samoan people. To date,

benefits amounting to over US$480,000 have been shared.

� These benefits include education on genetic engineering to

local peoples, the construction of schools, medical clinics,

water supplies, trails, an aerial rain forest canopy

walkway, and an endowment for the local rain forest.

Mamala tree cont’d

� This case aptly illustrates how ABS can be applied to the use of NWFP

� Forests are significant repositories of biodiversity and genetic resources (GR), and a number of forest related treaties, mechanisms and guidelines have benefit sharing provisions, ABS and sustainable forest management (SFM) necessarily overlap

� Consequently, the interface between the two must be further explored to identify opportunities, challenges, and considerations for the negotiation and implementation of related instruments and measures

Synergies between UNFF and

CBD Processes� The CBD and UNFF have two separate but parallel

processes dealing with forests and forest biological diversity,

as well as other cross sectoral issues like access and benefit

sharing

� However, there are significant areas of synergy between the

CBD Programmes of Work on ABS, Art. 8(j), and Forest

Biodiversity, and the UNFF Non-legally binding instrument on

all types of forests

Non-legally binding instrument

on all types of forests (NLBI)� The NLBI addresses the management, conservation and

sustainable development of forests.

� Its objectives are to strengthen political commitment and

action to implement SFM and achieve the shared global

objectives on forests, enhance the contribution of forests to

the international development goals, and provide a

framework for national action and international cooperation

� The NLBI has provisions on benefit sharing relating to the

use of traditional forest-related knowledge (TFRK)

International Regime on ABS� The IR on ABS will inevitably have an impact on how forest

GR are accessed and utilized, and how benefits are shared

(potential opportunity for synergies when it comes to the

scope, components, etc.)

� Also, work on Art. 8(j) is relevant to issues related to TFRK

� Thus, issues related to forest use will need to be given due

consideration by fostering closer cooperation and

coordination between the UNFF and CBD processes to

ensure that cross-sectoral questions are properly addressed

Forest Certification Schemes� Certification is both a market-based instrument and a ‘soft’

policy tool for promoting positive social and environmental

outcomes

� Certification schemes could be useful in the ABS context by

setting voluntary standards for bio-prospecting, which might

complement ABS laws and policies by fostering greater

confidence between users and providers (see Union on

Ethical BioTrade’s Verification Framework on Native

Natural Ingredients, Principle 3 “Fair and equitable sharing

of benefits derived from the use of biodiversity”)

Reducing Emissions from

Deforestation and Forest

Degradation (REDD)� While REDD and ABS are two distinct mechanisms,

synergies could exist between the two, particularly in

relation to the concept of REDD-Plus first put forward in

the UNFCCC Bali Action Plan.

� The Bali Action Plan requested action on policy approaches

and positive incentives relating to reducing emissions from

deforestation and forest degradation in developing

countries; and the role of conservation, sustainable

management of forests and enhancement of forest carbon

stocks in developing countries [REDD-Plus] (para. 1(b)(iii))

Central African Forests

Commission (COMIFAC)� The COMIFAC working group on biodiversity has focused

its work on the question of access and benefit sharing, and

has noted that ABS considerations can be found in general

decrees, forestry codes, statutes or national environmental

frameworks and action plans throughout the sub-region.

� These measures are often broad and do not address the

question of ABS in detail. As such, the WG has decided to

engage in elaborating a sub-regional strategy on ABS which

fosters greater synergies between ABS, forests and other

cross-cutting issues

South African Development

Community� The SADC Protocol on Forestry requires Parties to adopt national policies and mechanisms to ensure that access to forest GR is subject to PIC and MAT and that there is an equitable sharing of the benefits derived from their use

� Parties are also required to develop a regional approach and harmonised national legislation regulating access to, and the management, development and use of forest GR as well as for the equitable benefit sharing from shared resources

� Lastly, parties must share germplasm from plant GR upon MAT, and contribute to preserving forest germplasm ex situ with the SADC gene bank

Forest Tenure� National forest tenure schemes may raise ABS

considerations when they define customary forest

ownership rights and arrangements for the access,

management and use of forest resources

� Several countries have initiated progressive tenure reform

through the transfer of management and use rights from the

state to local communities, indigenous groups, local

governments, and private owners

Forest Management� A number of national forestry measures stipulate that usage

rights must be exercised through participatory forest

management, and define how benefits from use of TFRK

are to be shared with its holders. The main dilemma is how

to write access to forest resources into legislation.

Issues relating to forest

tenure� The following issues must be considered under national

legislation:

� no security of tenure on communal land

� no exclusivity of user rights

� lack of community rights to the use of natural resources other

than game on communal land

� Thus, there is a need for countries to begin clearly defining

ownership of resources (domesticated and wild), user rights,

and tenure or ownership of communal land, commercial

land and State land, including in protected forest areas

National Considerations� As long as the issue of land ownership or tenure is not

adequately addressed, benefit sharing from access and

sustainable use of biodiversity will be problematic

� It is thus instrumental that national forest and ABS

legislation be designed in a harmonized and mutually

supportive manner to ensure that ABS and forest

considerations are mutually taken into account

Conclusions on Benefit

Sharing� Benefit-sharing is already widely used in the trade of wood

products, NWFP and forest services through mechanisms

like trust funds, ethical trade agreements, and certification

� Benefit sharing can also be addressed through collaborative

approaches to forest management, such as community

forestry, social forestry and joint forest management.

� These approaches, combined with a strong international

instrument on ABS, have great potential for strengthening

local communities and inducing environmentally sound and

economically viable use of forest products and services

Future considerations� It is very important to note that ABS as envisaged by the

CBD is narrowly linked to the use of genetic resources and

associated traditional knowledge, thus the scope of ABS

under the CBD is much narrower than that under the NLBI

� The interface between the two will require further

examination to ensure that scope of the IR on ABS is clearly

delineated and that clear criteria are adopted to justify the

inclusion or exclusion of certain types of resources