After approval from cabinet, the Ministry of Climate Change (MoCC) has requested to the foreign ministry to deposit the instrument of accession with the treaty section of the office of legal affairs at United Nations Headquarters in New York.
“After accession to Nagoya Protocol, Pakistan will be able to extract benefits from the utilisation of genetic resources as well as subsequent applications and commercialisation shall be shared in a fair and equitable way with the contracting party, providing genetic resources on mutually agreed terms,” the MoCC Biodiversity Director Naeem Ashraf Raja told The Express Tribune.
Raja said that besides addressing benefit sharing with regard to genetic resources that are held by indigenous and local communities, as well as traditional knowledge associated with genetic resources, the Article 9 of NP also encourages direction of the benefits towards the conservation of biological diversity and sustainable use.
He said, according to the NP’s Article 10, the parties shall consider the need for the modalities of a global multilateral benefit sharing mechanism, for genetic resources and associated traditional knowledge in trans-boundary situations or for which it is not possible to grant Prior Informed Consent (PIC).
Raja said the protocol applies when genetic resources are accessed and used to conduct research and development on the genetic or biochemical composition of genetic resources and it covers genetic resources within national jurisdiction with some notable exceptions.
“For instance, it does not apply to genetic resources covered by specialised access and benefit sharing agreements such as the International Treaty on Plant, Genetic Resources for Food and Agriculture. It is also not applied to human genetic material resources that were acquired before the protocol comes into effect,” he said.
Under the NP obligations, the contracting parties would have to take measures providing that genetic resources utilised within their jurisdiction have been accessed in accordance with prior informed consent and that mutually agreed terms have been established as required by another contracting party.
Whereas, the parties will have to take measures regarding access to justice and monitoring the utilisation of genetic resource after they leave a country, including by designating effective checkpoints at any stage of the value chain, research, development, innovation, pre- or post-commercialisation.