An Overview of the An Overview of the National & Regional National & Regional Implementation of Implementation of

ABS in sub-Saharan ABS in sub-Saharan AfricaAfrica

Kathryn Garforth, Research Fellow Kathryn Garforth, Research Fellow Jorge Cabrera, Lead CounselJorge Cabrera, Lead Counsel

Isabel López Noriega, Research FellowIsabel López Noriega, Research FellowGabriel R. Nemogá, Senior Research Fellow &Gabriel R. Nemogá, Senior Research Fellow &Professor, Universidad Nacional de ColombiaProfessor, Universidad Nacional de Colombia

Kent Nnadozie, Lead CounselKent Nnadozie, Lead Counsel

Centre for International Sustainable Development LawCentre for International Sustainable Development Lawwww.cisdl.orgwww.cisdl.org

CISDL?CISDL? • 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.

Centre for International

Sustainable Development

Law:

Implementation of ABSImplementation of ABS

Purposes of the study: Provide up-to-date &

succinct survey of ABS implementation around the world.

Create a document that is easy to update in future as events warrant.

Implementation of ABSImplementation of ABS

Process:

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 ABSImplementation of ABSResults Study covers:

16 countries from: Latin America & Caribbean • Africa Asia • Europe South Pacific • North America

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 ABSImplementation of ABSCOP-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: - 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 ABSImplementation of ABS

Elements examined: 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 ABSImplementation of ABSSouth Africa

Measure: National Environmental Management: Biodiversity Act (2004).

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 ABSImplementation of ABS 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 ABSImplementation of ABS Compliance measures: Prison and/or fine Monitoring & tracking: no provisions in Act Applications granted:

None under new Act Numerous under old system including:

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 ABSImplementation of ABS

Ethiopia- 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 ABSImplementation of ABS

Kenya- 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 ABSImplementation of ABS

Malawi- Procedures and Guidelines for Access and

Collection of Genetic Resources in Malawi (1996)

- Informal bioprospecting activity; animal trade.

The Seychelles- 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 ABSImplementation of ABS

Uganda- 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 ABSImplementation of ABSAlso:- 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 ABSImplementation of ABS

Regionally

OAU- 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- 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 ABSImplementation of ABSABS 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:

o Action Plan for Development of ABS legislationo Regional conferenceo Media (radio, leaflets)

Implementation of ABSImplementation 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 ABSImplementation 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:

- 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 ABSImplementation of ABS

Trends Emerging set of common elements in ABS

regimes (e.g. permitting authority, PIC requirements, negotiation of MAT.)

Evolution of scope of ABS measures (commercial vs. non-commercial 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 ABSImplementation of ABS

Trends (cont.) 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 ABSImplementation of ABS

Contact:

Kathryn Garforth, Research Fellow, Biodiversity, CISDL

kgarforth@cisdl.org

www.cisdl.org