Transcript Slide 1

An Overview of the National
& Regional Implementation of
ABS in sub-Saharan Africa
Kathryn Garforth, Research Fellow
Jorge Cabrera, Lead Counsel
Isabel López Noriega, Research Fellow
Gabriel R. Nemogá, Senior Research Fellow &
Professor, Universidad Nacional de Colombia
Kent Nnadozie, Lead Counsel
Centre for International Sustainable Development Law
www.cisdl.org
CISDL?
Centre for
International
Sustainable
Development Law:
• Legal Research Centre: Based at the McGill
University Faculty of Law, Montreal, Canada.
• Mission: To promote sustainable societies and
the protection of ecosystems by advancing the
understanding, development and implementation
of international sustainable development law.
• Biodiversity Law Programme: A team of
developed and developing country scholars
conducting research on access to genetic
resources and benefit-sharing, and biosafety.
Implementation of ABS
Purposes of the study:
 Provide up-to-date &
succinct survey of ABS
implementation around the
world.
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Create a document that is
easy to update in future as
events warrant.
Implementation of ABS
Process:
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Preliminary draft of study released during ABS
WG-3 (February 2005).
Additional information & feedback gathered
during WG meeting.
Second version published in April 2005.
Currently updating & expanding study to
produce third edition for ABS WG-4.
Implementation of ABS
Results
 Study covers:
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16 countries from:
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Latin America & Caribbean
Asia
South Pacific
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Africa
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Europe
North America
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3 regional measures in Andean Community, ASEAN
& African Union
Regional discussions in EU & Nordic countries
Plus overview of some recent ABS capacity-building
projects & tables with information on additional
countries.
Implementation of ABS
COP-V (2000), Decision V/26:
Parties requested to designate national focal point (NFP) &
competent national authority (CNA) on ABS for their
country
April 6, 2005:
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188 Parties to CBD, a total of 43 have an NFP, CNA or both
(see Table 1 in study.) Less than 25%.
9 sub-Saharan African countries have an NFP and/or a CAN
Still a way to go to implement this Decision.
Implementation of ABS
Elements examined:
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Relevant measures
National authorities
Subject matter of measure
Prior Informed Consent: agents involved & purposes
Mutually Agreed Terms on benefit-sharing
Compliance measures
Monitoring access & tracking genetic resources
Applications granted
Implementation of ABS
South Africa
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Measure: National Environmental Management:
Biodiversity Act (2004).
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Chapter 6 of Act on bioprospecting & ABS will only come into
operation 1 January 2006.
National Authorities:
 No NFP or CNA notified to CBD Secretariat
 Issuing authority under Act is minister responsible for
national environmental management
 Previously, permitting authority divided among several
national & provincial authorities
Subject matter: Indigenous biological resources.
Excludes resources listed under ITPGRFA.
Implementation of ABS
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Prior informed consent
 Agents involved: issuing authority, stakeholders 
person giving access to resources and/or indigenous
communities.
 Purposes: Research on indigenous biological resources for
commercial or industrial exploitation
MAT on benefit-sharing
 Person seeking access must sign benefit-sharing
agreement with stakeholders in order to receive permit.
 Agreement must be approved by Minister.
 Act does not set specific benefit-sharing requirements.
Implementation of ABS
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Compliance measures: Prison and/or fine
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Monitoring & tracking: no provisions in Act
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Applications granted:
 None under new Act
 Numerous under old system including:
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Council for Scientific & Industrial Research & Phytopharm
CSIR and San
CSIR and Diversa
NBI and Kew
Strathclyde Institute
Rhodes University & Scripps Institute of Oceanography
Implementation of ABS
Ethiopia
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Proclamation to Provide for the Establishment of the
Institute of Biodiversity Conservation and Research
(1998)
Draft legislation in progress
Bioprospecting activities: Centre for Legumes in
Mediterranean Agriculture, activities of Plant Genetic
Resources Centre of Ethiopia
Implementation of ABS
Kenya
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Wildlife (Conservation and Management) Act (as
amended 1999)
Environment Management and Coordination Act
(1999)
Environmental Management and Coordination
(Conservation of Biological Diversity and Resources,
Access to Genetic Resources and Benefit-Sharing)
Regulations (draft, 2005)
Bioprospecting activity includes: National Museums of
Kenya & Kew; Diversa-ICIPE-KWS; Genencor.
Implementation of ABS
Malawi
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Procedures and Guidelines for Access and Collection
of Genetic Resources in Malawi (1996)
Informal bioprospecting activity; animal trade.
The Seychelles
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Access to Genetic Resources and Benefit-Sharing Bill
(draft, 2005)
Contracts signed: coco de mer agreement with local
company (2004); Vertura agreement (August 2005)
Implementation of ABS
Uganda
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National Environment Statute, 1995 (enabling
legislation)
National Environment (Access to Genetic Resources &
Benefit-Sharing) Regulations (2005)
Bioprospecting: Natural Chemotherapeutical
Laboratories, Human Initiative 2000, Kato Aromatics
as well as informal & undocumented bioprospecting
Implementation of ABS
Also:
Tanzania: enabling provisions
Zambia: bioprospecting for botanical collections including via
MOU between Missouri Botanical Gardens & Ministry of
Agriculture
Western Africa
Cameroon: prunus africana
Gambia: National Environment Management Act (1994)
Ghana: University of Ghana–Missouri Botanical Gardens– US
National Cancer Institute
Guinea-Bissau: Draft Law Relating to Biodiversity & Hand Craft
(2005)
Implementation of ABS
Regionally
OAU
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Model Legislation for the Protection of the Rights of Local Communities,
Farmers and Breeders, and for the Regulation of Access to Biological
Resources (2000)
Used by countries like the Seychelles in developing national ABS measures.
SADC
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coordinated implementation of CBD among member countries, efforts to
create regional strategy, Sui Generis Legislation Initiative on community
rights, existing protocols on forests & fisheries.
Recognized need for harmonized sub-regional system on ABS
Implementation of ABS
ABS Capacity-Building in Africa
1. ‘Laying the Foundations’ project (IDRC)
CISDL, SEAPRI, Gene Campaign, SPDA
Preliminary in-country research on ABS contracts
Mentorship of junior researchers
2. World Wildlife Fund - Support for National Measures to
Regulate Access and Promote Benefit-Sharing (BMZ)
Cameroon, Colombia, South Pacific
Activities in Cameroon include:
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Action Plan for Development of ABS legislation
Regional conference
Media (radio, leaflets)
Implementation of ABS
ABS Capacity-Building in Africa
3. IUCN South Africa (GTZ)
Development of ABS provisions in legislation & regulations
4. Protecting Community Rights over Traditional Knowledge:
Implications of Customary Laws & Practices (IDRC)
International Institute for Environment & Development with,
inter alia, ICIPE
Planning workshop and country studies
Implementation of ABS
ABS Capacity-Building in Africa
5. Genetic Resources Policy Initiative (IPGRI, IDRC, Rockefeller, BMZ, GTZ,
CIDA, Netherlands Ministry of Foreign Affairs)
strengthening capacity to analyse national options
Pathfinder countries include Egypt, Ethiopia & Zambia; two sub-regions East Africa, and West and Central Africa.
Process is multi-stakeholder, multi-disciplinary & multi-sectoral
cooperation (‘3M’).
Activities include:
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stakeholder consultations
Identifying gaps in demands for capacity and research versus existing options
Conducting on-the-ground training & research
Supporting mechanisms for 3M participation in policy analysis, design &
governance.
Implementation of ABS
Trends
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Emerging set of common elements in ABS regimes (e.g.
permitting authority, PIC requirements, negotiation of MAT.)
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Evolution of scope of ABS measures (commercial vs. noncommercial activities) & continuing need to clarify legal
meaning of some terms (e.g. genetic resources, biological resources)
Measures implementing both CBD & IT: South Africa,
the Seychelles, El Salvador, Bhutan
Implementation of ABS
Trends (cont.)
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Continued lack of user measures although some
progress is being made.
Increased awareness of ABS & fairly high level of
activity by governments, especially in mega-diverse
countries
Capacity-building efforts still fairly small. Quite a bit of
bilateral donor support, relatively little multilateral
donor support.
Implementation of ABS
Contact:
Kathryn Garforth, Research Fellow, Biodiversity,
CISDL
[email protected]
www.cisdl.org