From Adoption to Satisfaction

More than a decade after the Nagoya Protocol entered into force, ensuring fair and equitable access and benefit-sharing (ABS) remains a challenge. This policy brief by Oeko-Institut examines how institutional representatives from provider countries assess the implementation of ABS and identifies policy measures to improve the delivery of benefits from genetic resources and associated traditional knowledge.

Drawing on 12 expert interviews and an international survey of 60 institutional representatives, the findings indicate moderate overall satisfaction with ABS, averaging 6.15 out of 10. While 79% of respondents acknowledge the Protocol's contribution to fairer negotiations globally, around two-thirds report that national implementation remains at an early stage. Limited institutional capacities, unequal bargaining power and information asymmetries continue to constrain effective cooperation.

A major challenge lies in ensuring compliance with mutually agreed terms (MAT). Provider authorities often lack the means to monitor resource utilisation, verify benefit delivery and enforce agreements across borders. Although the Protocol has strengthened biodiversity governance and provider rights, these advances have not consistently translated into tangible benefits. Formal recognition of Indigenous Peoples and Local Communities has also not always resulted in meaningful participation in decision-making.

The policy brief recommends coordinated action by provider states, user states and users. Priorities include clear national ABS frameworks, stronger institutional capacities, inclusive negotiations, enforceable compliance mechanisms and improved cross-border cooperation. Users should integrate ABS requirements into project planning and ensure transparency and accountability throughout the utilisation process. Further research should assess long-term outcomes, community perspectives and interactions between bilateral ABS and emerging mechanisms for digital sequence information.