UNESCO GUIDELINES FOR ACTION TM - Protection from exploitation

Protection from exploitation 

The Convention on Biological Diversity, which entered into force in 1993 and has been ratified by

almost every State in the world, lays down important rules for protecting developing countries

against the risk of exploitation of their traditional knowledge and natural resources. The obligation

for researchers and multinational firms wanting access to these resources to obtain prior informed

consent and to share the results and benefits of their use is clearly established.

Article 8, in particular, lays down the principle of “in-situ conservation” and calls on the Contracting

Parties to “respect, preserve and maintain know

ledge, innovations and practices of indigenous and

local communities embodying traditional lifestyles

relevant for the conservation and sustainable

use of biological diversity and promote their wider application with the approval and involvement of

the holders of such knowledge, innovations and practices and encourage the equitable sharing of

the benefits arising from the utilization of such knowledge, innovations and practices”. The Nagoya

Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising rom their Utilization was adopted in 2010 as a supplementary agreement to the Convention to

provide a stronger basis for legal certainty and transparency regarding the need both to “create

conditions to facilitate access to genetic resources” and to ensure “fair and equitable sharing of

benefits” so as to increase sustainable use and strengthen the contribution of biodiversity to

development and human well-being.