COP16: ABS and DSI

Asset and Benefit-Sharing (ABS) of Digital Sequence Information (DSI) on Genetic Resources is one of the biggest topics at COP16. ABS refers to the way that genetic resources are accessed and how the benefits are shared among people and countries who use the resources (users) and the people and countries who produce the resources (providers). At COP15 two years ago in Montréal, it was decided to adopt a multilateral mechanism for benefit-sharing of DSI.

As part of Item 9 adopted at COP15, there was recognition that the concept of Digital Sequence Information is broad, with a wide scope of understanding that needs to be further refined, but it was agreed that the term DSI would be used as a placeholder while resource mobilization, funding mechanisms, monetary and non-monetary resource generation, database governance and accessibility, etc. are being negotiated.

At COP16, the focus has been on the operationalization of Item 9, ensuring that distribution will be rolled out in a fair and equitable manner. There has been much discussion on the development of a fund aside from the Global Biodiversity Framework Fund (GBFF) and the Global Environment Facility (GEF), who would host and administer the fund, and whether there should be a subsidiary body. One week into the negotiation process, with the High-Level Segment to begin tomorrow. It is generally not believed that a refined definition of DSI would be available at the end of this COP, nor an agreement on the funding mechanism and resource mobilization. However, since some final conclusion needs to be reached, this conclusion might end up being a strategy or timeline to attain actual outcomes.

This is such a complicated topic, as traditional knowledge has to be acknowledged, recognized and respected; Indigenous people must be recognized as providers and beneficiaries in both monetary and non-monetary ways. Scientists and finance specialists also have to be consulted about both the definition and funding mechanisms and disbursements. How does traditional knowledge relate to biocultural metadata? Interventions and participation from the United States are also questionable, since they are not party to the convention.

In the meantime, there have been many side events involving ABS and DSI. Since it is such a broad and relatively unknown topic, NGOs, businesses, and parties have been trying to share ideas and information on how to achieve successful ABS agreements. Events have given examples of multilateral agreements for the cultivation of seeds, production of alcohol, and breeding of  pets, etc. As a country, Bhutan has also been highlighted for the ways in which they have engaged in numerous ABS agreements.

At this point, with deadlines and the end of COP16 approaching, parties are keen to not add any new items to the table and are more eager to remove points. Points that lack consensus seem to centre around aligning multilateral mechanism with existing, national ABS systems and the establishment of a new database. As always, verbiage is also a point of contention, with the choice of verbs that are more voluntary or more obligatory being up for debate.

24-11-03 Addition: In the early hours of November 2, after 24 hours of negotiations, COP16 was suspended when Panama requested a quorum count and it was discovered that the conference no longer had quorum. Several key decisions were left to be decided, including negotiations for monitoring progress of the KMGBF and a new biodiversity fund for the global south. However, one important agreement that was reached before COP16 was suspended was the creation of the Cali Fund, a fund that would be dedicated to the benefit sharing of DSI. Though many details still need to be worked out, some essential points have been approved. For instance, companies using DSI in their products will be required to contribute a portion of their profits or revenues into the fund. Moreover, Indigenous Peoples and local communities will have "access, including direct access" to 50% of the fund. Many details, including disbursement, still need to be clarified, but even the creation and approval of this fund will ensure that companies that profit from DSI will contribute fairly and that Indigenous and local communities will also be fairly and equitably compensated.