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The Nagoya Protocol to the CBD to Enter into Force in October 2014

Tuesday, 29 July 2014
On 14 July 2014, Uruguay deposited its instrument of ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (The Nagoya Protocol), thus bringing to 51 the total number of ratifications to this ground-breaking legal instrument under the umbrella of the Convention on Biological Diversity (CBD). According to Article 33§ 1 of the Protocol, its entry into force will take place on the 90th day after the date of deposit of the 50th  instrument of  ratification, acceptance, approval or accession by States or regional economic integration organizations that are Parties to the CBD*. Hence, the Nagoya Protocol will enter into force on 12 October 2014.

The Nagoya Protocol was adopted by the Conference of the Parties to the Convention on Biological Diversity at its tenth meeting on 29 October 2010 in Nagoya, Japan, following six years of negotiation. The fair and equitable sharing of the benefits arising out of the utilization of genetic resources is one of the three objectives of the Convention on Biological Diversity. The Protocol is expected to significantly advance the Convention’s third objective by providing a strong basis for greater legal certainty and transparency for both providers and users of genetic resources. By promoting the use of genetic resources and associated traditional knowledge, and by strengthening the opportunities for fair and equitable sharing of benefits from their use, the Protocol will create incentives to conserve biodiversity, sustainably use its components, and further enhance the contribution of biodiversity to sustainable development and human well-being.

Ratification of the Nagoya Protocol by 51 Parties to the CBD foreshadows the achievement of the Aichi Biodiversity Target 16, which states that: “By 2015, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization is in force and operational, consistent with national legislation”.

As Mr. Ban Ki-moon, United Nations Secretary-General, remarked “Practical tools such as the Nagoya Protocol are critical for the sustainable and equitable use of biodiversity. I commend the Member States that have ratified this important international legal instrument. By fulfilling the promise made at the 2002 World Summit on Sustainable Development, they have made a significant contribution to the post-2015 sustainable development agenda.

Along the same line, H.E. Mr. Prakash Javadekar, Minister of State for Environment, Forests & Climate Change of India, stressed: “The Nagoya Protocol on Access and Benefit Sharing translates and gives practical effect to the equity provisions of the Convention on Biological Diversity. I am happy that this landmark treaty received the requisite number of ratifications during India's Presidency of the Conference of Parties for its entry into force. I congratulate my counterparts for making this happen. A new era is now ushered in for implementation of CBD that would contribute to achieving sustainable development and a glorious future for all living beings inhabiting our mother Earth.

Equally expressive, Braulio Ferreira de Souza Dias, Executive Secretary for the Convention on Biological Diversity, announced, “The Nagoya Protocol is central to unleashing the power of biodiversity for sustainable development by creating incentives for the conservation and sustainable use of biological diversity while guaranteeing equity in the sharing of benefits.”And he concluded: “Entry into force of the Nagoya Protocol means not only a big step towards achieving Aichi Target 16, but is an important step in mainstreaming biodiversity into sustainable development. I congratulate all Parties who have ratified the Protocol, and I invite others to do so in time to participate in the first meeting of the COP-MOP, in Pyeongchang, Republic of Korea.”.

The first meeting of the Conference of the Parties, serving as the meeting of the Parties to the Protocol, will be held from 13 to 17 October 2014, concurrently with the twelfth meeting of the Conference of the Parties to the Convention on Biological Diversity, in Pyeongchang, Republic of Korea.


*The 51 Parties to CBD which have now ratified or acceded the Nagoya Protocol are: Albania, Belarus, Benin, Bhutan, Botswana, Burkina Faso, Burundi, Comoros, Côte D’Ivoire, Denmark, Egypt, Ethiopia, European Union, Fiji, Gabon, Gambia, Guatemala, Guinea Bissau, Guyana, Honduras, Hungary, India, Indonesia, Jordan, Kenya, Lao People’s Democratic Republic, Madagascar, Mauritius, Mexico, the Federated States of Micronesia, Mongolia, Mozambique, Myanmar, Namibia, Niger, Norway, Panama, Peru, Rwanda, Samoa, the Seychelles, South Africa, Spain, Sudan, Switzerland, the Syrian Arab Republic, Tajikistan, Uganda, Uruguay, Vanuatu, and Vietnam.  While the European Union will be a Party to the Protocol, its approval of the Protocol does not count towards the 50 instruments required for entry into force (Article 33§3).

Sources: CBD
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