Access and Benefit Sharing – Fair and Equitable Cooperation?

More than a decade after the Nagoya Protocol entered into force, questions remain about whether access and benefit-sharing (ABS) delivers fair and equitable outcomes for countries providing genetic resources and associated traditional knowledge. This study by Oeko-Institut examines how institutional representatives from provider countries assess ABS negotiations, implementation and benefit-sharing outcomes.

Using a mixed-methods approach, the study combines 12 expert interviews involving 18 participants from ten countries with an international survey of 60 institutional representatives, primarily National Focal Points and Competent National Authorities.

The findings indicate moderate overall satisfaction with ABS. While 79% of respondents acknowledge the Nagoya Protocol's contribution to more equitable negotiations globally, substantial implementation gaps persist. Around two-thirds report that their national ABS systems remain at relatively early stages of implementation. Limited institutional capacities, unequal bargaining power and insufficient transparency complicate negotiations. Trust, participation and transparent communication emerge as key factors influencing satisfaction.

A central challenge concerns compliance with mutually agreed terms (MAT). Provider authorities face difficulties monitoring the use of genetic resources, verifying benefits and enforcing agreements across borders. Although the Protocol has strengthened biodiversity governance and the recognition of provider rights, tangible benefits remain difficult to assess. Formal recognition of Indigenous Peoples and Local Communities has also not consistently translated into meaningful participation in negotiations.

The study recommends strengthening national ABS frameworks, institutional capacities, compliance monitoring and cross-border cooperation. Effective benefit-sharing requires coordinated responsibilities among provider states, user states and users to ensure that agreements deliver verifiable benefits and support biodiversity conservation.