1. An Overview of the National & Regional Implementation of ABS in sub-Saharan Africa Kathryn Garforth, Research Fellow Jorge Cabrera, Lead Counsel Isabel López Noriega, Research Fellow Gabriel R. Nemogá, Senior Research Fellow & Professor, Universidad Nacional de Colombia Kent Nnadozie, Lead Counsel Centre for International Sustainable Development Law www.cisdl.org

2. 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:

3. Implementation 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.

4. Implementation 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.

5. Implementation of ABS Results 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.

6. Implementation of ABS COP-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.

7. Implementation 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

8. Implementation of ABS South 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.

9. Implementation 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.

10. Implementation 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

11. Implementation 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

12. Implementation 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.

13. Implementation 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)

14. Implementation 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

15. Implementation of ABS Also: - - 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)

16. Implementation 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

17. Implementation of ABS ABS 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 o Action Plan for Development of ABS legislation o o Regional conference o o Media (radio, leaflets)

18. Implementation 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

19. Implementation 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.

20. Implementation 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

21. Implementation 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.

22. Implementation of ABS Contact: Kathryn Garforth, Research Fellow, Biodiversity, CISDL kgarforth@cisdl.org www.cisdl.org