Biology Reference
In-Depth Information
5.5 Conclusion
It is commendable that agreement has been achieved on an alternative framework gov-
erning virus sharing, which ensures that virus donors and their communities should
receive at least some benefit in return. However, early critics of the new framework
have noted that it fails to establish genuine fairness and equity in virus sharing. This is
largely because most of the outcomes for developing countries are inadequate to pro-
tect people in those countries from avian flu, and because they are optional rather than
mandatory forms of benefit sharing. The Third World Network, for example, notes
that 'the Framework does not go far enough to secure from the industry and other
entities a reasonable level of benefits nor are there mandatory commitments to share
knowledge, technology and know-how with developing countries on the production
of vaccines, and other products' (TWN
2011b
). Hence sample donors drawn from vul-
nerable populations may still not have access to the results of the research they con-
tribute to. From a 'justice in exchange' perspective on benefit sharing, such access is
necessary in order to avoid exploitation (see
Chap. 2
).
The Indonesian case shows that the lack of legal instruments governing access
and benefit sharing for human biological resources is a pressing concern in a world
where international consortia need to work together to monitor and protect global
public health. In January 2010, the Indonesian health minister, Dr Endang Rahayu
Sedyaningsih, said: 'We still insist that the responsibility to share viruses should be
on an equal footing with the benefits we receive' (IRIN
2010
). Indonesia is not the
only country to be hit by a flu epidemic and then later demand a better benefit-shar-
ing regime in return for access to resources. In 2009, Mexico was hit by the swine
flu virus (H2N1). Commenting at the 126th session of the WHO's executive board in
January 2010, the Mexican government noted that cooperation was essential to com-
bat swine flu. However, it also noted that even with a mechanism for sharing viruses,
there had not been a sharing of benefits. 'We have limited stock of vaccines and only
a few countries have access to it' (TWN
2010
). The Mexican government added that
it was essential for an agreement to be reached on benefit sharing.
Every new global health crisis makes it clearer that despite the exclusion of human
biological resources from the CBD, a solution to the question of access to those
resources and the sharing of benefits from them will have to be found. In this context,
the WHO initiative, which has resulted in a new framework on virus sharing to pro-
tect global public health, is a first step towards a global resolution. At the same time,
to ensure access to human pathogens (such as influenza viruses) for public health pur-
poses. This indicates that a more inclusive approach to access and benefit sharing for
genetic resources may be possible in the medium-term future (see also
Chap. 7
).
However, while public attention is captured more easily by global pandemics,
the case of the Nairobi sex workers illustrates that the exploitation issues noted by
the Indonesian government are not limited to virus sharing.
Chapters 7
and
8
out-
line policy responses to the current gap in the global legal framework governing
access and benefit sharing.
