Course:CONS200/2024WT1/Digital Sequence Information, Access Benefit Sharing, and Indigenous Rights

Introduction

Digital Sequence Information (DSI) refers to genetic information in digital form, such as DNA, RNA, or protein sequences and it plays a crucial role in biotechnology, pharmaceutical research, agriculture, and conservation efforts . Its usage has created ethical and legal challenges, especially concerning Access and Benefit Sharing (ABS) under policies like the Convention on Biological Diversity (CBD) and the Nagoya Protocol . ABS attempts to ensure that benefits from the huge profits from the use of genetic resources are shared fairly with the countries and Indigenous groups whose knowledge was used . Enforcement of ABS frameworks is difficult as DSI can be easily accessed and used at all times. Open-access databases containing DSI have led to concerns about biopiracy, where Indigenous communities are denied recognition or compensation for the commercial use of their resources and knowledge . Furthermore, biodiversity conservation intersects with ABS and DSI by utilizing genetic data to support conservation projects and directing profits toward further conservation efforts. Ensuring Indigenous rights requires greater representation in policy discussions, strict regulations, and better tracking of data use of DSI. The tension between scientific openness and equitable benefit-sharing remains a key challenge in conservation and our society.

Digital Sequence Information (DSI)

Digital Sequence Information (DSI) is a term referring to the digital data from genetic resources, including DNA, RNA, and protein sequences. As DSI is digitized genetic information, it enables scientists to study, share, and manipulate genetic data across borders without requiring the physical exchange of biological material.

Major Applications

• Medicine and pharmaceuticals: Accelerates the identification of drug targets and the development of new therapies, including personalized medicine tailored to individual genetic profiles. Covid-19 Vaccines is an example of rapid creation using information from DSI.
• Agriculture: Aids in identifying genes linked to desirable traits such as drought resistance, pest resistance, and higher yields, thereby enabling more efficient crop breeding programs. In addition to enhancing crop breeding, genetic data also plays a crucial role in improving livestock farming by identifying traits that contribute to productivity and disease resistance.
• Environmental and Biodiversity Conservation: Plays a role in species monitoring by tracking genetic diversity and population dynamics, which helps conserving endangered species. It provides valuable genetic information for ecosystem management by offering insights for more effective natural resource use and habitat management.

Example in Conservation Efforts

California Condor

Digital Sequence Information is used in many fields, but its application in conservation primarily focuses on genetic monitoring, disease management and forensics. A real-life example that highlights and utilizes all three strategies is the successful effort to save the California condor from extinction. The California condor once critically endangered, saw its population drop to just 27 individuals in the 1980s. Starting the recovery process with genetic monitoring, DSI allowed scientists to study the genetic diversity of the remaining population and begin breeding strategies that promoted greater genetic diversity. The birds struggled with diseases such as avian herpesvirus, but DSI enabled the development of vaccination and treatment plans that were far more effective than previous methods. Lastly, forensics such as DNA testing of feathers and droppings to ensure the new birds were healthy and not introducing diseases that could harm the population. These practices are still being applied today with California condors and many other conservation and sustainability efforts. In conclusion, DSI plays a key role in making conservation efforts more affordable and ensuring the best methods are being used.

Access and Benefit Sharing (ABS) Framework

Access and Benefit Sharing (ABS) is defined as fair and equitable sharing of benefits from the utilization of genetic resources, carried out by international agreements like the Nagoya Protocol. It attempts to ensure that countries or indigenous communities providing these resources receive appropriate compensation. These profits are used to support conservation and sustainable development efforts.

Convention on Biological Diversity

The Convention on Biological Diversity (CBD) was established with three primary objectives: (a) the conservation of biological diversity; (b) the sustainable use of its components; and (c) the fair and equitable sharing of benefits arising from the utilization of genetic resources . Under the CBD, “genetic resources” are defined as “genetic material of actual or potential value,” while “genetic material” refers to “any material of plant, animal, microbial, or other origin containing functional units of heredity” . This framework lays the groundwork for international cooperation in ensuring that biodiversity is preserved and its benefits shared fairly among nations.

Nagoya Protocol

In October 2014, the Nagoya Protocol was created as a supplement to the CBD, two decades after the CBD was established. This protocol regulates access to genetic resources and mandates the sharing of benefits derived from their use through a bilateral approach. Specifically, it requires explicit permission known as Prior Informed Consent (PIC) from the authorities of the provider country, as well as a contract termed Mutually Agreed Terms (MAT) between the providers and users. These requirements necessitate case-by-case bilateral negotiations. However, it is important to note that Parties to the Nagoya Protocol have the discretion to determine otherwise and may choose not to require PIC and MAT for access .

Other Frameworks

In addition to the CBD and the Nagoya Protocol, other international frameworks address genetic resources and ABS. The International Treaty on Plant Genetic Resources for Food and Agriculture has been in force since June 2004, while the Pandemic Influenza Preparedness Framework , effective since May 2011, specifically addresses influenza viruses with pandemic potential. Unlike the bilateral agreements mandated by the CBD and Nagoya Protocol, these frameworks operate on a more multilateral, allowing access through Standard Material Transfer Agreements. This approach facilitates the sharing of genetic resources and provides a structured mechanism for benefit-sharing among a broader group of stakeholders.

FAIR and CARE Principles

Integration of Indigenous frameworks such as FAIR (Findable, Accessible, Interoperable, and Reusable) and CARE (Collective Benefit, Authority to Control, Responsibility, and Ethics) into ABS discussions has highlighted approaches to balancing with equitable benefit-sharing. These principles aim to address gaps in existing frameworks for ABS, DSI, and the rights of Indigenous and local communities. The FAIR principles primarily focus on improving the management of genetic and associated data, making sure it is accessible and usable for research and innovation. FAIR facilitates global collaboration by standardizing data-sharing practices, though it does not address issues of equity or recognize the rights of native communities which knowledge originates from.The CARE principles are designed to prioritize equity and ethics, advocating for the responsible use and ownership of data that acknowledges and benefits Indigenous communities. By emphasizing collective benefit, authority to control, responsibility, and ethics, CARE provides mechanisms for ensuring that genetic resources and traditional knowledge are shared in ways that respects and acknowledges the rights of the origins. The integration of FAIR and CARE into ABS frameworks demonstrates an approach that combines technology with ethical considerations. For instance, while FAIR ensures that DSI can be effectively accessed and utilized for conservation and innovation, CARE emphasizes the necessity of prior informed consent and mutually agreed terms to protect the interests of Indigenous and local communities .

Challenges of Combining DSI and ABS

Combining DSI and ABS presents several challenges that require a very detailed and precise approach that take into account environmental, cultural and economic domains. These challenges span from historical issues to modern-day problems in regulating and managing genetic resources.

Historical Context

The historical context of combining DSI and ABS is rooted in a long history of unregulated exploitation of biodiversity. During colonial times, biodiversity-rich countries and indigenous communities were often exploited for their genetic resources without consent, and there were no formal agreements to ensure fair compensation or recognition for indigenous groups . In the late 20th century, companies increasingly sought genetic resources for commercial products like medicines and genetically modified crops, often without considering the rights of the communities from which the resources originated. The shift to digital sharing of genetic data further complicated this issue, as DSI allowed for the global exchange of genetic material without physical transfer, making it harder to track and regulate its use. This created legal and ethical dilemmas about how to ensure fair compensation for genetic data already in circulation.

Scope and Scale of the Problem

Hoodia gordonii

Unregulated use of DSI is an international issue occurring worldwide. The widespread accessibility of genetic data complicates the enforcement of ABS, as the data may be dispersed across multiple jurisdictions. Different countries have varying laws and regulations regarding the use of genetic resources, and these differences make it challenging to enforce ABS agreements. Without clear, globally accepted regulatory mechanisms to govern the sharing of DSI, ensuring that benefits derived from genetic resources are fairly distributed remains problematic. This lack of oversight creates gaps that could potentially lead to the exploitation or misuse of genetic data, undermining efforts to protect the rights of the countries and communities that provide the resources.

Impact On Conservation Efforts

Both DSI and ABS were designed to aid conservation efforts and provide the best resources at the lowest possible cost. However, due to conflicts of interest these programs are not being utilized to their full potential in conservation and sustainability. ABS frameworks, like the Nagoya Protocol, were created and designed for physical resources. Applying these frameworks to DSI were designed for tangible biological resources. Without fair benefits from the use of DSI, Indigenous communities may be less inclined to support conservation projects. The case of Hoodia gordonii and the San people highlights an example of this issue in conservation and combining DSI and ABS . Despite being the traditional knowledge holders of the plant, the San people were promised a share of the profits generated from Hoodia-based products, yet they reportedly received very little, with estimates suggesting under $50,000 in total compensation. This disparity between the vast profits made by companies like Pfizer and the minimal benefits provided to the San communities fostered a sense of exploitation and unfair treatment. As a result, stories like these create issues in the conservation of plants and animals, as these Indigenous groups and smaller nations don’t have the funding or incentive to continue participating in conservation efforts .

Impact on Indigenous People and Smaller Nations 

The suggestion of open access to DSI encourages and facilitates broad equitable access sharing benefits, however, Indigenous peoples are often forgotten when considering an open framework. An open access approach is suggested to deny the rights of indigenous peoples and local communities, especially the right to determine the use and sharing of native knowledge . Often researchers build upon local people's knowledge of their native lands and use that gained information without permission, engaging in biopiracy. Biopiracy has historically been linked to colonialism, with colonized areas having resources and knowledge forcibly removed and manipulated. One such example happened in 1876, where Henry Wickham utilized learned Brazilian Indigenous knowledge to transport rubber seeds across waters to the UK. This resulted in Brazil’s share of the global rubber supply decreasing from 95% from when the seeds were taken to less than 5% by the mid 1920s. Such exploitation often accentuates imbalances and inequalities between institutions and marginalized local communities

Proposed Solutions and Policy Recommendations

The management of Digital Sequence Information (DSI) poses complex challenges that require thoughtful solutions. outlines four groups of scenarios for arranging access and benefit-sharing aspects of DSI:

• Bilateral Access and Benefit-Sharing Systems: Agreements made between two parties, typically involving a provider and a user, allowing negotiated terms for access and the sharing of benefits arising from DSI use.
• Multilateral Access and Benefit-Sharing Systems: Frameworks that involve multiple parties or countries, facilitating broader cooperation and benefit-sharing arrangements.

• Explicit Inclusion of DSI in National Legislation: While DSI is not currently explicitly included in the scope of the Nagoya Protocol, its potential inclusion at the national level could strengthen legal frameworks for access and benefit-sharing.
• Free Access to DSI: A model that promotes unrestricted access to DSI, potentially fostering innovation and collaboration but raising questions about equitable benefit-sharing.

Implementation of Standardized Data Sharing Protocols

From a technical perspective, developing standardized protocols for data sharing can enhance interoperability among databases and facilitate easier access to Digital Sequence Information. This initiative could involve the adoption of common data formats and metadata standards, which would promote seamless integration of diverse data sources. Legally, establishing clear frameworks around data ownership and rights is essential to protect the interests of both providers and users, ensuring equitable sharing of benefits derived from DSI. Additionally, engaging local communities in the development of these protocols can help ensure that traditional knowledge and practices are respected and included, fostering a sense of ownership and collaboration among stakeholders.

Indigenous Proposals

DSI frameworks created by or with consultation from Indigenous peoples will be more inclusive and considerate of the intrinsic and inseparable connection between land, traditional knowledge, and biodiversity conservation, and therefore the need to ensure and implement rights of Indigenous communities. One such framework proposal from Brazil suggests a multilateral benefit-sharing framework that is inclusive, fair, and fully respects the rights of indigenous peoples and local communities.  In general, existing texts and propositions adhere to Open Access, FAIR, or CARE principles, however this proposal believes that each principle addresses only parts of the processes involved, not the whole. They suggest adding 5 preamble paragraphs qualifying Indigenous Peoples and Local communities as “rights holders,” emphasizing “the right to prior, informed consent, the right to participate in decisions affecting their ways of life and territories, and the right to benefit-sharing from the economic exploitation of their associated traditional knowledge.” The framework would also ensure that digital sequence information be free and broadly reusable under the condition that Indigenous communities have a license for reuse of information if it has associations with traditional knowledge, with an emphasis that benefit sharing is mandatory.

Successful Combination of DSI, ABS and Indigenous Rights

Although there have been issues with combining these dynamic conservation and sustainability practices, there have been examples that highlight the potential for positive outcomes. These examples demonstrate how blending Access and Benefit Sharing, Digital Sequence Information (DSI), and Indigenous rights can all mesh together to benefit our planet.

The Indigenous Maya K’iche region of southwestern Guatemala

Maya K’iche

The Indigenous Maya K'iche' people of southwestern Guatemala are stewards of a deep and rich tradition of knowledge about the natural world, particularly regarding plants with medicinal properties and their role in carbon storage. This region, renowned for its biodiversity, has long seen the K'iche' people using their traditional knowledge to sustainably manage natural resources and preserve ecosystem functions. The key factor in the success of the Maya K'iche' region lies in the proper implementation of ABS and granting Indigenous peoples rights to their land. By recognizing their land rights and integrating ABS frameworks, the Maya K'iche' people are able to safeguard their cultural heritage and natural environment, while contributing to global conservation efforts, especially in terms of medicinal plants and carbon storage . The success of the Guatemalan government granting the Maya community-based governance of their forests has created long-lasting biodiversity and allowed for Payment for Ecosystem Services (PES) for the Maya community, giving them a great incentive to continue taking care of the land.

Australian Success Story

A notable ABS success story is the partnership between the University of Queensland and the Aboriginal people of Australia regarding the use of traditional bush foods. The university worked with Indigenous communities to research and commercialize native plants for food products. As part of the agreement, the Indigenous communities received a share of the profits and support for preserving their cultural heritage. This collaboration not only provided economic benefits to the communities but also helped promote the use of traditional knowledge in sustainable agriculture and food production. This story is an example of what many would like to see in future conservation efforts and managing DSI, ABS, and the communities that provide the information.

Conclusion

In summary, Digital Sequence Information plays a pivotal role in advancing conservation and related fields. Its broad accessibility has brought significant legal and ethical challenges, particularly concerning equitable Access and Benefit Sharing frameworks like the Convention on Biological Diversity and the Nagoya Protocol. While these frameworks aim to ensure fairness for countries and Indigenous communities whose genetic resources are utilized, issues such as biopiracy and inadequate compensation persist. Addressing these challenges requires improved global cooperation, stronger regulatory mechanisms, and inclusive policy-making that recognizes and upholds Indigenous rights. Continued dialogue, research, and adaptation of policies will be crucial to balance scientific progress with ethical responsibility and equity.