As part of the implementation of the 3rd Objective of the CBD, which is “the fair and equitable sharing of benefits arising from the exploitation of genetic resources”, the countries Parties to the Convention agreed to adopt a Protocol in accordance with article 15 of the CBD that specifies all the contours of the fair and equitable sharing of benefits arising from the use of genetic resources. This Protocol was adopted by the ^10th Conference of the Parties (CoP10) held in Nagoya, Japan in October 2010, hence the name “Nagoya Protocol”.

According to article 15 above, “since States have the right to sovereignty over their natural resources, the power to determine access to genetic resources belongs to governments and is governed by national legislation”. From this perspective, “access, when granted, is governed by mutually agreed terms and is subject to the provisions of this article” and “is subject to the prior informed consent of the Contracting Party providing such resources, unless otherwise decided by that Party”.

Therefore, countries possessing genetic resources are called upon to facilitate access to these resources and on third countries that exploit them to take appropriate legislative, administrative or policy measures to ensure fair and equitable sharing with resource providers of the research results and their development as well as the benefits arising from any form of use of these resources and associated traditional knowledge.

The objective of the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits (PN/APA) is to ensure that those who access genetic resources (firms, researchers, etc.) share the monetary (royalties) and non-monetary benefits (capacity development, research equipment support, etc.) that they derive from the use of such resources with countries of origin and local communities in these countries.

Thus, based on the text of the Convention (art. 15), the Nagoya Protocol and the Bonn Guidelines, States must define their own national frameworks, in particular by adopting clear legislative, administrative or public policy measures to regulate access to resources under their authority.

 

The present study makes it possible to identify and analyze the policies and the legal and institutional framework in force in relation to APA, in order to take into account PN/APA. It also highlights the achievements and shortcomings in relation to the implementation of the Nagoya Protocol in Burundi and ultimately makes it possible to establish a legal framework for the implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit Sharing (PN/APA).