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1 Ethiopian Proclamation on Access to Genetic Resources and Community Knowledge and Community Rights Girma Balcha (Ph.D) Institute of Biodiversity Conservation.

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Presentation on theme: "1 Ethiopian Proclamation on Access to Genetic Resources and Community Knowledge and Community Rights Girma Balcha (Ph.D) Institute of Biodiversity Conservation."— Presentation transcript:

1 1 Ethiopian Proclamation on Access to Genetic Resources and Community Knowledge and Community Rights Girma Balcha (Ph.D) Institute of Biodiversity Conservation Addis Ababa

2 2 Table 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

3 3 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

4 4 Ethiopia has agreed to, and arctect of the African Model Law on: –Access and Benefit-sharing; –Community Rights; –Farmers Rights; –Plant Breeders Rights;

5 5 Ethiopias 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

6 6 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

7 7 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

8 8 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

9 9 It does not apply to: –Customary use –Exchange of genetic resources –Exchange of community knowledge among Ethiopians –Sale of biological products for direct consumption

10 10 Art. 5: Ownership Genetic resource: -Vested in the state and the Ethiopian People Community Knowledge: -Vested in the concerned local community

11 11 Part Two Proclamation 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

12 12 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

13 13 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

14 14 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

15 15 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

16 16 Part Three Condition 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

17 17 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

18 18 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

19 19 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

20 20 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

21 21 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

22 22 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

23 23 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

24 24 Art. 18: Benefit-sharing Type and amount of the benefit shall be determined case by case Condition of benefit shall be determined by Regulation

25 25 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

26 26 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

27 27 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

28 28 Part Five Exploration 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.

29 29 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.

30 30 Part Six Administration of Access Art. 26: Powers of Ministry of Agriculture and Rural Development (MoARD) MoARD follow-up implementation with regard to wild animals

31 31 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

32 32 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

33 33 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

34 34 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

35 35 Part Seven Miscellaneous 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

36 36 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

37 37 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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