1. APROACHES TO ABS AND TRADITIONAL KNOWLEDGE ROLE OF THE AU(OAU) MODEL LAW by Prof. J.A.Ekpere Email: jekpere@hyperia.com Tel 234 1 262 9199. Mobile: 234 803 323 0430jekpere@hyperia.com

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3. 2. INTRODUCTION THE RATIFICATION OF THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD), THE CONCLUSION OF THE FAO INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE, THE ADOPTION OF THE BONN GUIDELINES ON ACCESS AND BENEFIT SHARING AND SIMILAR OTHER GLOBAL CONVENTIONS AND TREATIES HAVE ALL CONVERGED TO PUT SEVERAL NEW ISSUES ON THE AGENDA FOR AFRICAS DISCUSSION. THE AFRICA MODEL LAW IS ONE EFFORT TO PROVIDE A FRAMEWORK FOR THEIR DISCUSSION, COMMON UNDERSTANDING, FURTHER NEGOTIATIONS, COMPLIANCE AND IMPLEMENTATION UIDELINES

4. 3. ROLE THE OBECTIVE OF THE AU (OAU) MODEL LAW IS TO: ASSIST MEMBER STATES TO DELIBERATE AND IMPLEMENT: I. NATIONAL POLICIES II. DEVELOP LEGAL INSTRUMENTS COMPLIANT WITH INTERNATIONAL OBLIGATIONS AND COMPATIBLE WITH NATIONAL GOALS AND ASPIRATION III. CRAFT NATIONAL LEGISLATION THAT COULD GIVE REASONED ATTENTION TO CONSERVATION OF BIOLOGICAL DIVERSITY,SUSTAINABLE USE OF BIOLOGICAL RESOURCES,SUSTAINABLE FOOD SECURITY, PROTECTION OF COMMUNITY RIGHTS, EQUITABLE SHARING OF BENEFITS, A MECHANISM FOR REGIONAL COORDINATION.

5. 4. THE CORE PRINCIPLES OF THE LAW INCLUDE: NATIONAL FOOD SECURITY SOVEREIGN RIGHT OF STATES COMMUNITY RIGHTS COMMUNITY KNOWLEDGE PARTICIPATION IN DECISION MAKING REGULATION OF ACCESS TO BIOLOGICAL RESOURCES PRIOR INFORMED CONSENT EQUITABLE SHARING OF BENEFITS NO PATENT ON LIFE FORMS ROLE OF WOMEN IN CONSERVATION OF NATURE

6. 5. 5. THE MODEL LAW IS ORGANIZED INTO 8 PARTS WITH 68 ARTICLES PART 1 OBJECTIVES PART 2 DEFINITION AND SCOPE PART 3 ACCESS TO BIOLOGICAL RESOURCES PART 4 COMMUNITY RIGHTS PART 5 FARMERS RIGHTS PART 6 PLANT BREEDERS RIGHTS PART 7 INSTITUTIONAL ARRANGEMENTS PART 8 ENABLING PROVISIONS

7. 6. CURRENT STATUS EFFORTS AT IMPLEMENTATION REMAIN SLOW, BUT CAN BE CLASSIFIED INTO COUNTRIES WITH: 1. LEGAL INSTRUMENTS PARTIALLY FASHIONED ACCORDING AFTER THE AU (OAU) MODEL LAW 2. COUNTRIES WITH ENABLING LEGISLATION PENDING IN PARLIAMENT 3 OAPI COUNTRIES WHICH HAVE RATIFIED THE BANGUI ACCORD 4. COUNTRIES WITH NO LEGISLATION

8. 7. MAJOR PROBLEMS WITH IMPLEMENTATIONOF THE LAW; 1. LACK OF AWARENESS AND POOR UNDERSTANDING 2. LOW CAPACITY, SKILLS AND EXPERTISE IN LEGAL DRAUGHTING3. LACK OF FUNDS FOR THE IMPLEMENTATION PROCESS 4. DEFINITIONAL PROBLEMS 5. EQUIVALENCE OF TERMS 6. INTANGIBLES ( EXTERNAL PRESSURES AND LACK OF POLITICAL WILL)

9. 8. SUGGESTED SOLUTIONS; 1. CREATE AWARENESS AND BETTER UNDERSTANDING 2. DEVELOP A CORE OF COMPETENT IMPLEMENTATION STAFF 3. MASS PRODUCE AND CIRCULATE THE MODEL LAW 4. DEVELOP AND FUND AN AFRICAN ABS AND TK IMPLEMENTATION STRATEGY THANK YOU