1 / 38

March 2007

Ethiopian Proclamation on Access to Genetic Resources and Community Knowledge and Community Rights Girma Balcha (Ph.D) Institute of Biodiversity Conservation Addis Ababa. March 2007. Table of Content. Introduction General Provisions Proclamation of Community Rights Condition of Access

knut
Download Presentation

March 2007

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Ethiopian Proclamation on Access to Genetic Resources and Community Knowledge and Community RightsGirma Balcha (Ph.D)Institute of Biodiversity ConservationAddis Ababa March 2007

  2. Table of Content • Introduction • General Provisions • Proclamation of Community Rights • Condition of Access • Follow-up Compliance Measures • Exploration of Genetic Resources • Administration of Access • Miscellaneous Provision

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

  5. Ethiopia’s 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. Part OneGeneral 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. 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. 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. 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. Art. 5: Ownership • Genetic resource: • Vested in the state and the Ethiopian People • Community Knowledge: - Vested in the concerned local community

  11. Part TwoProclamation 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. 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. 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. 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. 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. Part ThreeCondition 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Part FourFollow-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. 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. Part FiveExploration 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. 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. Part SixAdministration of Access Art. 26: Powers of Ministry of Agriculture and Rural Development (MoARD) • MoARD follow-up implementation with regard to wild animals

  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. 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. 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. 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. Part SevenMiscellaneous 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. 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. 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

  38. Thank you

More Related