Transcript Ethiopian Proclamation on Access to Genetic Resources and

Ethiopian Proclamation
on
Access to Genetic Resources and
Community Knowledge and
Community Rights
Girma Balcha (Ph.D)
Institute of Biodiversity Conservation
Addis Ababa
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Table of Content
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2.
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4.
5.
6.
7.
8.
Introduction
General Provisions
Proclamation of Community Rights
Condition of Access
Follow-up Compliance Measures
Exploration of Genetic Resources
Administration of Access
Miscellaneous Provision
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1.
Introduction
• Ethiopia's immense biodiversity wealth be
conserved, sustainably utilized
• Ethiopia is a Party to the Convention on
Biological Diversity (CBD), that the
Convention requires Legislation on ABS
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• Ethiopia has agreed to, and arctect of the
African Model Law on:
– Access and Benefit-sharing;
– Community Rights;
– Farmers’ Rights;
– Plant Breeders Rights;
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• Ethiopia’s diverse and rich Community
Knowledge (CK) associated with genetic
resources (GR) be conserved
• It is, therefore, necessary to determine by law
the access to, and benefit-sharing from, genetic
resources and associated community knowledge
• This is, therefore, to approve the right of
communities over their GR and associated CK
• This Proclamation has seven Parts and 38
Articles
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Part One
General Provisions
Art. 1: Short Title
The proclamation may be cited as “Access to
Genetic Resources and Community
Knowledge, and Community Rights
Proclamation No. 482/2006”
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Art. 2: Definitions
Access, biological resource, Derivative, ex situ,
In situ, exploration, Institute, Local Community,
Prior Informed consent, Relevant institution,
State, Community Knowledge, Biodiversity,
genetic resource, Person
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Art. 3: Objectives
To ensure fair and equitable share of benefits
arising out of the use of GR and CK for the
country and its communities
Art. 4: Scope of application
It applies to:
• Access to genetic resources found in:
- In situ
- Ex situ
- Community knowledge
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• It does not apply to:
– Customary use
– Exchange of genetic resources
– Exchange of community knowledge among
Ethiopians
– Sale of biological products for direct
consumption
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Art. 5: Ownership
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Genetic resource:
-
•
Vested in the state and the Ethiopian People
Community Knowledge:
-
Vested in the concerned local community
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Part Two
Proclamation of Community Rights
Art. 6: Principle
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Right of local communities over GR
Regulate access to their CK
Have inalienable right to use their GR
Have the right to share benefits
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Art. 7: Right to Regulate Access
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•
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Give Prior Informed Consent (PIC)
The right to refuse consent if believed
detrimental to the integrity of their culture
and natural heritage
The right to withdraw or restrict the PIC
* Conditions to regulate access can be
specified by regulation
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Art. 8: Use Right
•
•
Local communities have full right to use and
exchange their GR and CK
No legal restriction shall be placed on the
use and exchange of GR and CK
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Art 9: Right to share benefits
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•
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Local communities have the right to share
benefits arising out of the use of their CK
Local communities have the right to share
50% of the benefits shared by the State from
the benefits derived out of access to genetic
resources
Money obtained shall be put for common
use of local communities
* Details shall be specified in Regulation
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Art. 10: Protection of Community Rights
• Rights of local communities over their GR
and CK protected as they are part of their
life
• Item of CK shall be ascertained by the
concerned local community
• Non-registration of CK shall not render it
unprotected
• Situaitons like:
– Publication
– Oral description
– Ex situ and/or in situ holding of GR or
CK shall not affect their protection by
community rights
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Part Three
Condition of Access
Art. 11: Requirement of Permit
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No one shall access GR or CK without granted
permit by the Institute
Granted permit to GR shall not be constructed to
access CK
No person shall export GR without permission
State organs working on GR or CK shall not
transfer them to third person
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Art. 12: Basic Pre-conditions of Access
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Access to GR shall be subject to PIC of the
Institute
Access to CK shall be subject to PIC of the
concerned community
The state and the concerned local community
obtain equitable benefits
A foreigner access applicant shall present a
supportive letter from competent authority of
his/her national state to uphold and enforce
access obligation
Research on accessed GR shall be carried out in
Ethiopia with participation of Ethiopians
Research permitted to be carried out abroad,
sponsoring institutions shall give assurance for
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compliance
Art. 13: Conditions for Denial of Access
Access may be denied:
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For endangered species
If access causes adverse effect on health,
cultural values, environment or ecosystem
If intention of use is against the national
laws of Ethiopia or treaties it ratified
If applicant has violated hitherto access
conditions
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Art. 14: Issuance of Access Permit
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Written application be produced
The Institute gives PIC
Negotiate on benefit-sharing
Sign agreement
For CK, concerned local communities give
PIC
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Art. 15: Special Access Permit
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Access procedure may not be needed for:
- Local research institutions
- Local higher learning institutions
- Intergovernmental institutions based in
Ethiopia
• Access under multilateral system shall be in
accordance with specified procedure
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Art. 16: Contents of Access Agreement
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Identify of Parties to the agreement
Description on GR/CK
Locality of GR/CK
Institution where GR/CK to be deposited
Intended use
Institution designated by the Institute to collect
GR/CK
Benefit to be obtained by the State/Community
Duration of Access
Dispute settlement
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Art. 17: Obligation of Access Permit Holder
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Deposit copy of permit to relevant Regional
Institution
Observe the type and quantitative limit while
collection
Observe rules of protected areas
Deposit samples and descriptions at the
Institute
Submit status report to the Institute
Inform the Institute all findings of the research
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No transfer of the GR/CK to third Party
Return any unused material
To acquire IPR, new agreement shall be negotiated
Not apply for a patent or any other IPR without
consent from the Institute
Recognize GR/CK collection locality as the origin of
GR/CK
Share benefits
Respect laws of the country: sanitary control,
biosafety, environment protection
Respect traditional values and customs of local
communities
Observe terms and conditions of access agreement
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Art. 18: Benefit-sharing
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Type and amount of the benefit shall be
determined case by case
Condition of benefit shall be determined by
Regulation
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Art. 19: Types of Benefit
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License fee
Upfront payment
Milestone payment
Royalty
Research funding
Joint ownership of IP
Employment opportunity
Participation of Ethiopians in research
Get priority of raw materials to produce
products from
Get training and technical skills
Other benefit as appropriate
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Part Four
Follow-up Compliance Measures
Art. 20: Follow-up
The Institute follows-up execution through:
• Inspection
• Periodic progress and status reports
• Report by any other person
• Any other mechanism
- Feedbacks
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Art. 21: Compliance Measure
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Access agreement can be altered or limited
if recognized to pose negative effects
Suspend or terminate agreement if
provisions violated or non-compliance
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Part Five
Exploration of Genetic Resources
Art. 22: Prohibition
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Exploration shall not be conducted without
exploration permit with the exception of
some state organs
Art. 23: Application
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Application needed for exploration
Application shall specify purpose of
exploration, type of GR etc.
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Art. 24: Granting exploration perit
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Exploration permit can be granted if satisfactory
If need be Institute assigns staff to accompany
exploration mission
Art. 25: Obligations of Explorers
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Deposit exploration permit with concerned body
Strictly observe terms and conditions of permit
Present to the Institute detailed report
Respect local customs, values, etc.
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Part Six
Administration of Access
Art. 26: Powers of Ministry of Agriculture
and Rural Development (MoARD)
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MoARD follow-up implementation with
regard to wild animals
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Art. 27: Powers and Duties of the Institute
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Follow-up and ensure access is carried out as
proclaimed
Follow-up benefit-sharing is carried out as
proclaimed
Prepare model access agreement
Collect, analyse and disseminate information
Follow-up legal actions
Delegate power and duties to others where
deemed necessary
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Art. 28: Responsibilities of Local
Communities
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Prohibit collection without permit other than those
who are legally permitted
Art. 29: Responsibilities of Regional Bodies
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Regulate GR
Require access permit
Seize GR collected without permit and present the
person to the law
Notify such cases to the Institute
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Art. 30: Responsibility of Customs
Officers
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Inspect GR being taken out is accompanied
by export permit
Require any one leaving the country with
GR necessary permit
Seize GR being transported out without
permit
Ensure clear labeling that GR exported with
biological products shall not be used other
than just consumption-doing so is penal
offence
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Art. 31: Responsibilities of Mail Service
Institutions
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Postal or courier services shall require from clients
to get permit from the Institute before exporting
GR
Art. 32: Responsibilities of Quarantine
Control Institutions
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Quarantine Institution shall ensure quarantine
certificate should not be used as GR certificate
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Part Seven
Miscellaneous Provisions
Art. 33: Transitory Provisions
Access agreement prior to this proclamation
shall be revised and harmonized
Art. 34: Duty to Cooperate
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Any person shall have the duty to cooperate
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Art. 35: Penalty
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Access GR/CK without permit
Provide false information
Change the purpose of access
Explore GR without permit
Breaching one of the above
*
Imprisonment not less than three years
and fine of between 10,000 and 30,300
Birr
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Art. 36: Inapplicable Laws
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No law, regulation, directive or practice have effect
if inconsistent with this
Art. 37: Power to issue Regulation
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Council of Ministers may issue regulation for
proper implementation
Art. 38: Effective Date
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Upon publication in the Federal Negarit Gazeta
Addis Ababa
27 February 2006
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