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
www.cisdl.org