In view of the importance of the issue of
plant, animal and human pathogens and pests2 in this context,
business provides further views on this issue in the present paper.
The Convention on Biological Diversity
(CBD) encourages the “preservation of biodiversity” and “the sustainable
use of its components”. These goals must be interpreted within the
context of the clear and reasonable meaning of the explicit text of the
Treaty itself. The CBD definitions of biological and genetic resources
do not specifically mention pathogens or pests – single cell or
multi-cellular organisms which can so often cause damage to human,
animal and plant health. Instead Article 2 of the Convention defines
biological and genetic resources as those that have either “actual or
potential use or value for humanity”. While certain uses of pathogens
and pests may be envisaged that merit inclusion under the IR, the
conventional understanding of the term “pathogen” or “pest”, where
society aims at eradication or control of the organism, does not meet
this test. A reasonable interpretation of this article, therefore, would
seem to exclude those pathogens and pests which represent only
a “threat” to biodiversity and to the overall ecosystem from the scope
of the CBD and thereby any corresponding ABS IR.
Certain pathogens or pests that cause
harm to plants, animals and humans may already be subject to existing
separate international agreements while others are likely to be
addressed by new agreements currently under negotiation. In order to
show mutual respect for these agreements in other multilateral fora and
to avoid duplicating on-going work by other international organizations
with greater specialized technical expertise, ICC members believe that
such pathogens and pests should be excluded from the scope of the ABS
IR.
Whether all other pathogens and pests
are, or should be covered by the ABS IR, may be discussed from many
different perspectives, including legal and environmental. At the end of
the day, it is key that the ABS IR should not hinder the development of
materials intended to protect public health and food/feed safety. There
is broad understanding that most conventional uses of the terms
“pathogen” and “pest” centre on building States’ capacities to protect
the health of their human, animal and plant population, and not the
exploitation of pathogens for their positive value or benefit to
biodiversity.
ICC therefore proposes that, with respect
to these other pathogens and pests, only uses which are needed to
detect pathogens or pests, prevent diseases caused by them, or cure the
damage caused by them to human, animal and plant health - thus having an
impact on public health and food/feed safety - should be excluded from
the scope of the IR. In this context, ABS written agreements between
stakeholders nonetheless may also address specific issues that arise
with respect to pathogens or pests on a case-by-case basis in a similar
way as for genetic resources or traditional knowledge: through mutually
agreed terms and via agreed benchmarks including front-loaded
nonmonetary benefits, capacity building, etc.
Needless to say that business remains
committed to continue playing its important role in contributing to the
solution of current and future health and food/feed problems.