Access and Benefit Sharing E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas

The document serves as a guide for community facilitators to understand Access and Benefit Sharing (ABS), defined as the "fair and equitable sharing of the benefits arising from the use of genetic resources." It details the legal rights of Indigenous peoples and local communities under the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the necessity of prior and informed consent and mutually agreed terms. The guide highlights the disparity where resources are often in the Global South while benefits flow to the Global North, and it provides case studies from Southern Africa and India to illustrate the challenges of implementing fair ABS agreements. It concludes with practical advice for communities to develop biocultural community protocols and engage in advocacy to secure their rights over traditional knowledge and genetic resources.

• Access and Benefit Sharing (ABS) is intended to address the historical inequality where genetic resources and traditional knowledge from the Global South are used to develop commercial products, but the benefits primarily flow to the Global North.
• Under the Convention on Biological Diversity and the Nagoya Protocol, communities have specific rights, including the right to be consulted before access to genetic resources is granted, the right to give or withhold consent, and the right to receive a fair share of benefits based on mutually agreed terms.
• The Nagoya Protocol is noted for being the first international treaty law to recognize the importance of communities' customary laws and community protocols regarding traditional knowledge associated with genetic resources.
• A significant gap in the CBD and Nagoya Protocol is the failure to explicitly require that prior informed consent be "free," which would protect communities from force, manipulation, or coercion.
• The effectiveness of ABS rights is often contingent upon the state's recognition of a community's ownership of its lands and resources; without established rights, enforcing ABS provisions can be difficult.
• Case studies illustrate the complexities of ABS: the San and Hoodia case in Southern Africa showed challenges regarding the legitimacy of representative coalitions and financial accountability, while the Kani community case in India highlighted issues with limited consultation and the environmental impact of over-harvesting the arogyapacha plant.

APA

Natural Justice (n.d.). Access and Benefit Sharing E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas. https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing.pdf

Chicago

Natural Justice. Access and Benefit Sharing E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas. n.d. https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=Access and Benefit Sharing E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas |url=https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendaccess, author = {{Natural Justice}}, title = {{Access and Benefit Sharing E-Learning Series on International Frameworks that Support Indigenous Peoples, Local Communities, and Their Territories and Areas}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }