The Commission on Genetic Resources for Food and Agriculture (Commission), at its Seventeenth Regular Session, requested to prepare a survey of existing legislative, administrative and policy approaches, including best practices, for access and benefit-sharing (ABS) for the different subsectors of genetic resources for food and agriculture (GRFA) and traditional knowledge associated with GRFA (TKGRFA) held by Indigenous Peoples and local communities, with the aim of identifying typical approaches and lessons learned from their implementation, as well as challenges and possible solutions. [Author] In response to the Commission’s request, a survey identifying the different types of legislative, administrative or policy measures countries have taken to accommodate the distinctive features of GRFA and subsectors of GRFA and of TKGRFA in their ABS measures was commissioned. [Author] At its Eighteenth Regular Session, the Commission, in considering the Survey, requested the preparation of a stand-alone document providing specific examples of existing country legislative, administrative or policy measures that directly or indirectly accommodate distinctive features of GRFA and associated traditional knowledge. [Author] This publication is Supplement I of the typology of ABS country measures reflecting the importance of GRFA, their special role for food security and their distinctive features. [Author]

The Commission on Genetic Resources for Food and Agriculture, at its Seventeenth Regular Session, requested its Secretary to prepare for review by the intergovernmental technical working groups on animal, aquatic, forest and plant genetic resources to produce an up-to-date survey of existing legislative, administrative and policy approaches, including best practices, for ABS for the different subsectors of GRFA and traditional knowledge associated with GRFA held by indigenous peoples and local communities, with the aim of identifying typical approaches and lessons learned from their implementation, as well as challenges and possible solutions. The current survey comprises a baseline desktop review of legislation, policy and literature. It provides a review of how countries address the distinctive features of GRFA and TKGRFA based on the letter of their ABS legislative, administrative and policy measures rather than on how these measures have been implemented in practice. It therefore does not provide an analysis of the state of implementation, the challenges involved and possible solutions to these challenges. As such, it aims to provide a basis for future empirical research on how ABS measures work in practice for GRFA subsectors. A specific objective is to provide a typology of legislative, administrative and policy measures applying to ABS for GRFA and TKGRFA.

The Elements to Facilitate Domestic Implementation of Access and Benefit-Sharing for Different Subsectors of Genetic Resources for Food and Agriculture aim to assist governments considering developing, adapting or implementing access and benefit-sharing measures to take into account the importance of genetic resources for food and agriculture, their special role in food security and the distinctive features of their different subsectors, while complying, as applicable, with international instruments.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity has been hailed as a giant step towards the implementation of the third objective of the Convention: the fair and equitable sharing of benefits arising out of the utilization of genetic resources, including by appropriate access to them. Implementing this third objective is intended to contribute to the conservation of biological diversity and the sustainable use of its components, the other two objectives of the Convention. The Protocol confronts policy-makers and administrators responsible for its implementation at the national level with a number of challenges. One of these challenges is the Protocol’s obligation to consider, in the development and implementation of access and benefit-sharing measures, the importance of genetic resources for food and agriculture and their special role for food security. The Elements to Facilitate Domestic Implementation of Access and Benefit-Sharing for Different Subsectors of Genetic Resources for Food and Agriculture aim to assist governments considering developing, adapting or implementing access and benefit-sharing measures, to take into account the importance of genetic resources for food and agriculture (GRFA), their special role for food security and the distinctive features of their different subsectors, while complying, as applicable, with international instruments.This publication contains the original ABS Elements as well as the explanatory notes describing, within the context of the ABS Elements, the distinctive features and specific practices of the different subsectors of GRFA. The explanatory notes were welcomed by the Commission and the FAO Conference in 2019.

Fewer than 11% of CBD Parties have adopted substantive ABS law, and nearly all of these are developing countries, focusing almost entirely on the 'access' side of the equation. Most of the CBD's specific ABS obligations, however, relate to the other side of the equation-benefit sharing. This book considers the full range of ABS obligations, and how existing tools in user countries' national law can be used to achieve the CBD's third objective. It examines the laws of those user countries which have either declared that their ABS obligations are satisfied by existing national law, or have begun legislative development; the requirements, weaknesses and gaps in achieving benefit-sharing objectives; and the ways in which new or existing legal tools can be applied to these requirements.

The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.