Acceso y participación en los beneficios

The document provides a comprehensive introduction to Access and Benefit Sharing (ABS), focusing on the rights of indigenous peoples and local communities to ensure the "fair and equitable sharing of the benefits arising from the utilization of genetic resources." It details the roles of the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the necessity of Free, Prior and Informed Consent (FPIC) and mutually agreed terms. The guide outlines the rights and responsibilities of communities, governments, and private sector users, while highlighting challenges such as the requirement for state-recognized resource rights and the historical imbalance where resources from the Global South benefit the Global North.

• Access and Benefit Sharing (ABS) is defined as the "fair and equitable sharing of the benefits arising from the utilization of genetic resources," aiming to correct a historical trend where resources from the Global South are used for products in the Global North without compensating the original communities.
• The international legal framework for ABS is primarily anchored in the Convention on Biological Diversity (1992) and the Nagoya Protocol (2010), the latter of which is noted for being the first international treaty to recognize community protocols and customary laws regarding traditional knowledge.
• Communities have specific rights under the CBD and Nagoya Protocol, including the right to be consulted, to be fully informed, to grant or deny consent for the use of genetic resources, and to receive fair sharing of research results and commercial benefits, which can be either monetary or non-monetary.
• Consent must be 'Prior' (given before execution), 'Informed' (based on objective, updated information in a comprehensible language), and 'Consent' (the actual authorization). The document notes that the CBD and Nagoya Protocol fail to sufficiently emphasize that this consent must also be 'Free' from coercion or manipulation.
• Governments hold 'sovereign rights' over natural resources within their territories and are responsible for creating transparent domestic legislation, ensuring FPIC is obtained, and supporting the development of community protocols.
• A critical challenge for communities is that ABS rights under the Nagoya Protocol are often limited to those whose rights over genetic resources are officially recognized by the State, meaning communities without state-recognized land or resource tenure may struggle to apply these protections.
• Case studies illustrate the complexities of ABS: the San and Hoodia case in Southern Africa showed conflicts over the legitimacy of representative coalitions and the distribution of financial benefits, while the Kani community in India experienced positive royalty sharing for the plant arogyapacha, but faced internal conflict over the sacredness of knowledge and the plant's subsequent over-exploitation.

APA

Natural Justice (n.d.). Acceso y participación en los beneficios. https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing-Spanish.pdf

Chicago

Natural Justice. Acceso y participación en los beneficios. n.d. https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing-Spanish.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=Acceso y participación en los beneficios |url=https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing-Spanish.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendacceso, author = {{Natural Justice}}, title = {{Acceso y participación en los beneficios}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Access-and-Benefit-Sharing-Spanish.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }