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Ethiopian Proclamation Ethiopian Proclamation on on

Access to Genetic Resources and Access to Genetic Resources and Community Knowledge and Community Knowledge and

Community RightsCommunity Rights

Girma Balcha (Ph.D)Girma Balcha (Ph.D)Institute of Biodiversity ConservationInstitute of Biodiversity Conservation

Addis AbabaAddis Ababa

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Table of ContentTable of Content

1. Introduction

2. General Provisions

3. Proclamation of Community Rights

4. Condition of Access

5. Follow-up Compliance Measures

6. Exploration of Genetic Resources

7. Administration of Access

8. 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 OnePart OneGeneral ProvisionsGeneral 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

• Genetic resource:- Vested in the state and the Ethiopian People

• Community Knowledge:- Vested in the concerned local community

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Part TwoPart TwoProclamation of Community RightsProclamation of Community Rights

Art. 6: Principle

• 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

• 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

• 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 ThreePart ThreeCondition of AccessCondition of Access

Art. 11: Requirement of Permit

• 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• 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 compliance

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Art. 13: Conditions for Denial of Access

Access may be denied:• 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

• 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

• 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

• 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

• 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

• 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• 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 FourPart FourFollow-up Compliance MeasuresFollow-up Compliance Measures

Art. 20: Follow-upThe 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

• 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 FivePart FiveExploration of Genetic ResourcesExploration of Genetic Resources

Art. 22: Prohibition• Exploration shall not be conducted without

exploration permit with the exception of some state organs

Art. 23: Application• Application needed for exploration• Application shall specify purpose of

exploration, type of GR etc.

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Art. 24: Granting exploration perit

• Exploration permit can be granted if satisfactory• If need be Institute assigns staff to accompany

exploration mission

Art. 25: Obligations of Explorers

• 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 SixPart SixAdministration of AccessAdministration of Access

Art. 26: Powers of Ministry of Agriculture and Rural Development

(MoARD)

• MoARD follow-up implementation with regard to wild animals

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Art. 27: Powers and Duties of the Institute

• 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

• Prohibit collection without permit other than those who are legally permitted

Art. 29: Responsibilities of Regional Bodies

• 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

• 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

• Postal or courier services shall require from clients to get permit from the Institute before exporting GR

Art. 32: Responsibilities of Quarantine Control Institutions

• Quarantine Institution shall ensure quarantine certificate should not be used as GR certificate

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Part SevenPart SevenMiscellaneous ProvisionsMiscellaneous Provisions

Art. 33: Transitory Provisions

Access agreement prior to this proclamation shall be revised and harmonized

Art. 34: Duty to Cooperate• Any person shall have the duty to cooperate

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Art. 35: Penalty

• 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• No law, regulation, directive or practice have

effect if inconsistent with this

Art. 37: Power to issue Regulation• Council of Ministers may issue regulation for

proper implementation

Art. 38: Effective Date• Upon publication in the Federal Negarit Gazeta

Addis Ababa

27 February 2006

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