Nagoya Protocol
Background
Indonesia is a country rich in natural resources, which will produce the diversity of genetic resources and traditional knowledge related to genetic resources are very abundant. To maintain the necessary protective measures preserved genetic resources, including by ratifying the Nagoya Protocol in 2013. This is manifested through the ratification law No. 11 year of 2013 about passage of the Nagoya Protocol on Access to Genetic Resources and The Fair and Equitable Sharing of Benefits Arising from Their Utilization to The Convention on Biological Diversity.
The Nagoya Protocol is the agreement the international governing access to genetic resources and the sharing of the benefits that fair and balanced between the users and providers of genetic resources. This Protocol became a milestone agreement on the governance of biodiversity and relevant in the utilization and exchange of genetic resources at international level.
Indonesia telah meratifikasi Protokol Nagoya melalui Undang-Undang Republik Indonesia Nomor 11 Tahun 2013 tentang Pengesahan Nagoya Protocol on Access to Genetic Resources and The Fair and Equitable Sharing of benefits Arising from Their Utilization to The Convention on Biological Diversity (Protokol Nagoya tentang Akses pada Sumber Daya Genetik dan Pembagian Keuntungan yang Adil dan Seimbang yang Timbul dari Pemanfaatannya atas Konvensi Keanekaragaman Hayati).
The fundamental principle of access to and sharing of benefits set forth in the Convention, is based on:
- Potential users of genetic resources obtain the prior informed consent (PIC) or initial approval after an explanation on the basis of the preliminary information from the country where the place of genetic resources resides before accessing these resources,
- Doing the deal and agree to the terms and conditions of access and utilization of these resources through the creation of Mutually Agreed Terms (MAT)
The benefits gained through the passage of Nagoya Protocol, among other things:
- Protecting and preserving genetic resources, traditional knowledge and related genetic resources..
- Prevent theft (biopiracy) and illegal utilization against biodiversity.
- Ensure the sharing of benefits (financial or non financial) that fair and balanced over the utilization of genetic resources and traditional knowledge related to genetic resources providers of genetic resources based on mutually agreed terms.
- Lay the legal basis for regulating access to and benefit sharing of the fair and balanced over the utilization of genetic resources, traditional knowledge and associated genetic resources based on mutual agreement.
- Strengthen the domination of the State over its natural resources, as mandated in article 33 of the Constitution of the Republic of Indonesia Year of 1945 and recognizes the existence of indigenous peoples and indigenous rights in accordance with article 18 of the Constitution of the State of Republic of Indonesia year of 1945.
- Affirm the sovereignty of the State regulation of access to genetic resources, traditional knowledge and related genetic resources.
- Provide incentives and funding support in accordance with the legislation.
- Create opportunities for access technology transfer activities on the conservation and utilization of biodiversity in a sustainable way.
To facilitate access to technology transfer or the utilization of genetic resources conservation and utilization activities on biodiversity in a sustainable way, then built the website access and clearance-house and profit sharing over utilization of genetic resources or better known as ABSCH (Access and Benefit-Sharing Clearinghouse) Indonesia.
This website contains complete information related to Nagoya Protocol, the utilization of genetic resources SDG, related to governing regulations of genetic resources SDG, procedure for online access to SDG utilization and quota for data-based Plants and Wildlife, etc. In addition the website ABSCH Indonesia is also useful as a means of exchanging information between ministries/agencies through the related node is already provided in the website.
More details about the implementation of the Nayoga Protocol as well as information related to the latest up-to-date information-on utilization of genetic resources, can be accessed at: http://abschindonesia.menlhk.go.id.
