Access and Benefit Sharing: Experiences from the Philippines,

A Megadiverse Developing Country

Perry S. OngProfessor, Institute of Biology

University of the Philippines DilimanPresident, Wildlife Conservation Society

of the Philippines

Global Biodiversity Hotspots

Sources: Roberts et al., 2002; Veron 2001

Marine Biodiversity Hotspots and Conservation Priorities for Tropical Reefs

Unintended Consequences

• Underlying Unequal Historical Relations– Colonial rule– Imperial Manila– Lowlanders vis a vis Indigenous people

• Biopiracy• Bioprospecting• Bioparanoia

• Local Government Code of 1991• National Integrated Protected Areas

System Act of 1992• Convention on Biological Diversity was

ratified by Philippine Senate in 1993• Executive Order 247 Bioprospecting

regulations in 1995• Indigenous Peoples’ Rights Act of 1997• Wildlife Conservation and Protection Act

2001

Executive Order 247: AN ORDER PRESCRIBING GUIDELINES AND ESTABLISHING A REGULATORY FRAMEWORK FOR THE PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES, THEIR BY-PRODUCTS AND DERIVATIVES, FOR SCIENTIFIC AND COMMERCIAL PURPOSES; AND OTHER PURPOSES (1995)

Distinguished between academic research and commercial research

Republic Act 9147. An Act Providing for the Conservation and Protection of Wildlife Resources and Their Habitats, Appropriating Funds for Therefor and For Other Purposes. Enacted March 19, 2001.

Section 14. Bioprospecting- Bioprospecting shall be allowed upon execution of an undertaking by any proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biodiversity….

(last paragraph)… If the applicant is a foreign entity or individual, a local institution should be actively involved in the research collection and whenever applicable and appropriate in the technological development of the products derived from biological and genetic resources

Section 15. Scientific Researches in Wildlife. Collection and utilization of biological resources for scientific researches and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with an issuance of gratuitous permit by the Secretary or the authorized representative: Provided that prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit. Provided, further, That the last paragraph of Section 14 shall likewise apply.

Joint DENR-DA-PCSD-NCIP Administrative Order No. 1 Series of 2005SUBJECT: Guidelines for Bioprospecting Activities in the Philippines

•Contribute to knowledge generation •Access: Results in the greater good of humanity•Benefit sharing: How local is local (local community, governments: local, provincial, national) •Over burdened with requirement•End result: Criminalizing Research

Concerns from Researchers

Concerns from the NGOs and the Indigenous Peoples’ Groups

• How is access made?• How is benefit-sharing made - time frame for benefits – for how long ? - magnitude of benefits – how much? - mix of benefits – nonmonetary/monetary - use of other contracts or forms or

standard agreements

Concerns from the NGOs and the Indigenous Peoples’ Groups

• Should certain types of uses of biological/genetic resources be excluded, e.g., pure scientific researches ?

• Should forms/contracts be standardized ?• Should certain types of benefits be held to

certain levels?

• Future role of national ABS authorities in countries with ABS legislation/policy in place when these sectoral approaches would become the norm ?

• With the proliferation of ABS Management Tools, Guides, etc., how far can developing countries as well as local communities and indigenous peoples assert their sovereign rights over these resources ?

Concerns from the NGOs and the Indigenous Peoples’ Groups

Asthenocnemis linnaei, a new damselfl y species from Dumaran island, Philippines (Odonata, Platycnemididae) Zool. Med. Leiden 82 (2008) 35-41. (Results of the Roland Müller Zoological Expeditions to the Philippines, No. 18.)

AcknowledgementsFor most of the present work the first author was able to use the facilities of the Zoological Museum of Copenhagen University during his visit to Denmark in August/September 2006. Professor Dr Niels P. Kristensen provided valuable support and access to the collections. Jan Pedersen assisted with the SEM. The present study was supported by a European Union SYNTHESYS grant (DK-TAF-2356) to the first author. C. van den Berg supported the SEM work at Naturalis (Leiden). The present paper profited from information provided by Dr Klaas-Douwe B. Dijkstra (Paramaribo, Suriname). We thank Roland A. Müller (St. Gallen, Switzerland) for support of various kind and Jan van Tol (Naturalis, Leiden) for critically reviewing the manuscript.

News on the "Philippine Water Bug Inventory Project", with additions to bibliographyH. Zettel* & V.P. Gapud** 2003©Naturhistorisches Museum Wien, download unter www.biologiezentrum.at

Maraming Salamat Po!Thank You!

Merci!Maururu!