Regulating Access to Genetic Resources and the Sharing of Benefit Through the Sarawak Access Benefit-Sharing Legislation

摘要

Currently, Malaysia does not have specific national legislation to regulate access to its genetic resources and ensure equitable sharing of benefits derived from their commercialisation (ABS legislation). However, the States of Sabah and Sarawak in Malaysia have enacted their ABS legislations to be implemented within their States territories. This research will examine how Sarawak provides for mechanism for resolving conflicting interests in genetic resources. For purposes of this study, this research will evaluate Sarawak ABS legislation, namely, the Sarawak Biodiversity Centre Ordinance in 1997 and Sarawak Biodiversity Regulation in 2004. The principal issues to be considered are the manner in which the Convention on Biological Diversity (CBD) is reflected in the legislative enactments; the degree to which the CBD was implemented in the legislative enactments and the degree of effective consultation and participation in the process of formulating the respective legislative acts. The particular questions to be answered are: to what extent the ABS legislation in Sarawak has conformed to ABS requirements in the CBD; how have the legislative acts been implemented by the respective authorities and what are the strengths and limitations of the legislative acts? For purposes of this evaluation, comparison will be made between the situation in Sarawak and in the Philippines, specifically with regards to Philippines Executive Order 247. It is the conclusion that Sarawak has not via its ABS legislation; conform to ABS requirements as reflected in the CBD, particularly in regards to the adequate protection of the interests of the indigenous peoples. The basic foundation of ABS legal framework in Sarawak is not compatible with Philippines and unless this is improved, Sarawak will not have an adequate legal infrastructure to support its involvement in future biotechnology-related activities.