Faced with the difficulty and complexity of the mechanisms required for access to genetic resources and associated traditional knowledge, their uses and the fair and equitable sharing of benefits arising from them, the principle of creating a network of African francophone ABS legal experts, had been endorsed in 2018 at a workshop organized in Morocco through the CBD Bio-Bridge (BBI) project with the support of the Moroccan GEF-UNDP project for the implementation of the Nagoya Protocol in Morocco. The African network of ABS legal experts involved 10 French-speaking African countries, namely: Algeria, Benin, Cameroon, Comoros, Côte d'Ivoire, Madagascar, Morocco, Niger, Republic of Congo and Democratic Republic of Congo.
The idea was to expand the pool of ABS legal expertise available to support national and regional capacity building programs. For the participants in this event, this was a necessity that calls for the pooling of experience among the community of French-speaking African lawyers specializing in the field of genetic resources. A network for which it is still necessary to determine the mode of operation, the objectives and the poles of competence.
Indeed, although many of the network countries involved in this initiative have taken important steps towards the implementation of the Nagoya Protocol, including ratification, designation of competent national authorities and development of ABS legislation, there is a recognized lack of legal expertise in the region. Given the large number of stakeholders from different sectors such as providers of genetic resources, local communities, researchers and government administrators, it is crucial to better understand ABS regulations and their legal implications at both the national and international levels.
Thus, given the complexity of the ABS mechanisms required to access and use genetic resources and associated traditional knowledge and the fair and equitable sharing of their benefits, the principle of creating a network of French-speaking African ABS legal experts was endorsed by the ten countries present at this workshop. For the participants in this event, this is a necessity that calls for the pooling of experiences acquired at the level of the community of French-speaking African lawyers specialized in the field of genetic resources. A network for which it is necessary to establish the mode of operation, objectives and specific areas of expertise.
An important point to underline is that the 10 countries present had unanimously considered that the national focal points have a determining role to play in the establishment of such a network. It is precisely through these bodies that the formalization of this network could, in the medium term, succeed insofar as they constitute an intermediary with the decision-makers, on the one hand, and with the stakeholders of the civil society, on the other. Their role is undeniable as resource persons who have also acquired special knowledge and know-how that they can put to good use in the installation and development of the network.
It is through this existing official network that the Jurists' Network could exist.