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

This guide, published by Natural Justice, introduces the concept of Access and Benefit Sharing (ABS) and its implications for Indigenous peoples and local communities. It details the international legal frameworks—primarily the Convention on Biological Diversity (CBD) and the Nagoya Protocol—that aim to ensure the fair and equitable sharing of benefits arising from the use of genetic resources and traditional knowledge. The document outlines the rights and responsibilities of communities, governments, and the private sector, while highlighting practical challenges such as the requirement for state-recognized resource rights and the absence of the 'freedom' element in the CBD's definition of prior informed consent.

• Access and Benefit Sharing (ABS) is defined by the Convention on Biological Diversity as the "Fair and equitable sharing of benefits arising from the use of genetic resources."
• The international legal framework for ABS is primarily composed of the Convention on Biological Diversity (1992), the Bonn Guidelines (2004), and the Nagoya Protocol (2010).
• Under the CBD and Nagoya Protocol, communities possess specific rights, including the right to be consulted prior to access of genetic resources, the right to give or withhold consent, and the right to negotiate access under mutually agreed terms.
• Governments hold the "sovereign right" over natural and genetic resources within their territory and are responsible for ensuring that domestic ABS legislation is transparent and that the involvement of local communities is sought for resource access.
• A significant challenge in the ABS framework is that rights to prior informed consent and benefit sharing are often limited to communities whose rights over genetic resources are officially recognized by the state.
• The guide notes a critical omission in the CBD and Nagoya Protocol: they do not explicitly require that prior informed consent be "free," which would protect communities from force, pressure, or coercion.
• Case studies illustrate the complexities of ABS: the San and Hoodia case highlighted challenges regarding the legitimacy of community coalitions and financial accountability, while the Kani community case in India showed that benefit-sharing agreements can occur despite limited community consultation and the risk of over-harvesting endangered plants.

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} }