Access and benefit-sharing: Paper proposes 8 principles on use of indigenous medicine

Access and benefit-sharing: Paper proposes 8 principles on use of indigenous medicine

Subject : Environment

Section: Biodiversity

Context:

• A group of practitioners, activists, scholars, lawyers and human rights defenders has proposed a set of ethical guidelines that can guide Western psychedelic research and practice on traditional indigenous medicines.

Details:

• The set of eight ethical principles — each beginning with the letter ‘R’ — can address increasing concerns among many indigenous nations regarding the cultural appropriation of their traditional medicines.
• The proposed guidelines come as the use of psychedelics for therapeutic purposes is on the rise.

The 8 Rs:

• Reverence, Respect, Responsibility, Relevance, Regulation, Reparation, Restoration, and Reconciliation.
• These were categorised within four overarching categories:

1. Acknowledgement
2. Knowledge-Translation and Education
3. Intellectual Property
4. Belonging

What are Psychedelics substances?

• Psychedelics (serotonergic hallucinogens) are powerful psychoactive substances that alter perception and mood and affect numerous cognitive processes.
• They are generally considered physiologically safe and do not lead to dependence or addiction.
• There were 367 registered clinical studies on psychedelics as of 2022.
• An increasing number of cities and states in the US have also legalised their use.
• Indigenous healing medicines like Ayahuasca are rising in popularity. Yet, the economic profits hardly accrue to the communities and regions from where these medicines originate.

Need for the guidelines:

• The economic profits alone of the psychedelic industry is expected to grow to 6.85 billion by 2027.
• Traditional Indigenous medicine was not widely protected by law.
• As of 2022, only the constitutions of Bolivia (Art. 42) and Ecuador (Art. 57) include regulation specific to Indigenous traditional medicine.
• While Western psychedelic practitioners and facilitators can reach average earnings of $10,500 per service event, indigenous medicine practitioners may earn between $2 to $150 for their services in their communities of origin.
• International demand is driving people to unsustainably harvest iboga, the plants used to make ayahuasca and the hallucinogenic cactus peyote.

Is there any global framework?

• Yes. There are frameworks that mention indigenous rights to the use and development of their traditional medicines and related practices.
• These include the Article 8 (j), Article 16 and Annex 1 of the Convention on Biological Diversity (CBD) as well as the Articles 7 and 12 of the CBD’s Nagoya protocol on Access and benefit-sharing (ABS).
• However, countries like the US where research on psychedelics using traditional indigenous medicine is being carried out, are not signatories to the CBD and therefore also not party to the Nagoya protocol on ABS.

What is access and benefit-sharing?

• Access and benefit-sharing (ABS) refers to the way in which genetic resources may be accessed, and how the benefits that result from their use are shared between the people or countries using the resources (users) and the people or countries that provide them (providers).

Why is it important?

• The access and benefit-sharing provisions of the Convention on Biological Diversity (CBD) are designed to ensure that the physical access to genetic resources is facilitated and that the benefits obtained from their use are shared equitably with the providers.
• In some cases this also includes valuable traditional knowledge associated with genetic resources that comes from  indigenous and local communities (ILCs).
• The benefits to be shared can be monetary, such as sharing royalties when the resources are used to create a commercial product, or non-monetary, such as the development of research skills and knowledge.
• It is vital that both users and providers understand and respect institutional frameworks such as those outlined by the CBD and in the Bonn Guidelines.
• These help governments to establish their own national frameworks which ensure that access and benefit-sharing happens in a fair and equitable way.

How does it work?

• Access and benefit-sharing is based on prior informed consent (PIC) being granted by a provider to a user and negotiations between both parties to develop mutually agreed terms (MAT) to ensure the fair and equitable sharing of genetic resources and associated benefits.
  • Prior informed consent (PIC): is the permission given by the competent national authority of a provider country to a user prior to accessing genetic resources, in line with an appropriate national legal and institutional framework.
  • Mutually agreed terms (MAT): is an agreement reached between the providers of genetic resources and users on the conditions of access and use of the resources, and the benefits to be shared between both parties.
• These conditions are required under Article 15 of the CBD, which was adopted in1992 and provides a global set of principles for access to genetic resources, as well as the fair and equitable distribution of the benefits that result from their use.

Who is involved?

• Providers of genetic resources: States have sovereign rights over natural resources under their jurisdiction. They are obligated to put in place conditions that facilitate access to these resources for environmentally sound uses. Providers agree terms, which include PIC and MAT, for granting access and sharing benefits equitably. Laws within the provider country may entitle others, such as indigenous and local communities (ILCs), to also negotiate terms of access and benefit-sharing. The participation of ILCs is necessary in instances where traditional knowledge associated with genetic resources is being accessed.
• Users of genetic resources: Users are responsible for sharing the benefits derived from genetic resources with the providers. They seek access to genetic resources for a wide range of purposes, from basic research to the development of new products. They are a diverse group, including botanical gardens, industry researchers such as pharmaceutical, agriculture and cosmetic industries, collectors and research institutes.
• National Focal Points: To facilitate access, users need a clear and transparent process that details who to contact and what the requirements and processes are in provider countries in order to gain access. National Focal Points are responsible for providing this information.
• Competent National Authorities (CNAs): CNAs are bodies established by governments and are responsible for granting access to users of their genetic resources, and representing providers on a local or national level. National implementation measures establish how CNAs work in a given country.