IMPLEMENTATION OF THE NAGOYA PROTOCOL ON ABS AND THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE IN UGANDA

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1 IMPLEMENTATION OF THE NAGOYA PROTOCOL ON ABS AND THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE IN UGANDA PRESENTED AT THE TANDEM WORKSHOP FOR NATIONAL FOCAL POINTS TO ITPGRFA AND THE INTERGOVERNMENTAL COMMITTEE FOR THE NAGOYA PROTOCOL ON ABS 4 JUNE 2014 ROME, ITALY BY FRANCIS OGWAL SABINO AND JOHN WASSWA MULUMBA 1

2 OUTLINE OF THE PRESENTATION Legislative measures on ABS in Uganda Progress of implementation of National legislation on ABS Challenges in the implementation of the Nagoya Protocol on ABS Progress implementation of ITPGRFA Challenges in the implementation of ITPGRFA Challenges and opportunities of a mutually supportive implementation of the two protocols

3 LEGISLATIVE MEASURES ON ABS IN UGANDA National regulations on ABS was formulated in March 2005 in line with Article 15 of the CBD on Access to Genetic Resources. The objectives of the national regulations are to: a) Prescribe procedure for access to genetic resources for scientific research, commercial purposes, bio-prospecting or industrial application; b) Provide for the sharing of benefits derived from genetic resources; and c) Promote the sustainable management and utilization of genetic resources The Scope of the national regulations on ABS Application - The regulations apply to genetic resources or parts of genetic resources, whether naturally occurring or naturalized, including genetic resources bred for or intended for commercial purposes within Uganda or for export, whether in-situ conditions or ex-situ conditions

4 LEGISLATIVE MEASURES ON ABS IN UGANDA Right over genetic resources The right to determine, control and regulate access to genetic resources found in Uganda is vested in the Government for the benefit of the people of Uganda Transitional arrangements On coming into force of this regulations, any existing arrangements relating to the collection and transfer of genetic resources from Uganda shall be renegotiated within a period not exceeding 2 years to bring them into conformity with these regulations

5 LEGISLATIVE MEASURES ON ABS IN UGANDA Where does the national legislation not apply? The regulations don t apply to: Where the exchange is done by local communities among themselves and for their own consumption Where the exchange is certified to be purely for food or other consumptive purposes as prescribed by the relevant laws The transit of genetic resources through Uganda Access to genetic resources derived from plant breeders as defined by the laws relating to plant breeding and plant variety Human genetic resources Approved research activities intended for educational purposes by Ugandan institutions recognized by the Competent Authority, and which do not result in access to genetic resources for commercial purposes or export to other countries

6 LEGISLATIVE MEASURES ON ABS IN UGANDA For avoidance of doubt, a license granted for use or export of genetic resources under any other law shall take into consideration the provisions of the national regulations on ABS Institutional arrangement for implementation The regulations designated Uganda National Council for Science and Technology (UNCST) as the Competent Authority. The functions of CA are spelt out in the regulations includes: a) processing applications, b) coordinating activities relating to access to genetic resources, c) establishing and maintaining a depository for all MTAs, d) ensuring samples/specimens are deposited in approved locations in Uganda e) training, ensuring technology transfer, f) facilitating negotiations and conclusion of MTA, g) ensuring the people of Uganda benefit from the genetic resources accessed, h) submitting reports to NEMA on the implementation of the regulations

7 LEGISLATIVE MEASURES ON ABS IN UGANDA Functions of National Environment Management Authority (NEMA) NEMA is the CBD and ABS National Focal Point. Its functions includes: a) Initiating formulation of national policies on access to genetic resources b) Public awareness, capacity building, ensuring compliance (enforcement) c) Develop guidelines for access to, and export of genetic resources d) Advise on access to genetic resources outside PAs Functions of lead agencies. These includes a) Reviewing applications and advising CA b) Monitor the application and use of genetic resources transferred from Uganda c) Ensure rights of local communities are protected d) On the approval of CA, establish a depository

8 PROGRESS OF IMPLEMENTATION OF THE NAGOYA PROTOCOL ON ABS IN UGANDA Cabinet approved accession to the Nagoya Protocol on ABS on 14 th May Process for deposition of the instrument of accession has been initiated There are a number of similarities between the current regulations on ABS and the Nagoya Protocol on ABS and hence implementation of the national legislations contributes to implementation of the Nagoya Protocol on ABS Government has designated NEMA as ABS National Focal Point and UNCST a National as Competent Authority (NCA) Article 13 of the Nagoya Protocol No access to genetic resources is granted unless: a) PIC has been obtained from the lead agency, local community or owner of a genetic resources (Article 6 paragraph 2 of the Nagoya protocol on ABS) b) MTA and Access permit has been issued by NCA c) Where access to GR is likely to have adverse impact, EIA is carried before MTA is concluded Offences Any persons who accesses or exports GR without PIC or MTA commits an offence Provision of false information in an application for PIC or MTA is an offence

9 CHALLENGES IN IMPLEMENTATION OF NAGOYA PROTOCOL ON ABS o o o o o Inadequate capacity personnel and infrastructure Low level of awareness more needs to be done Negotiation skills for benefit sharing Lack of check points and ensuring compliance with the MTA Ensuring that research activities involving access to GR confirm to the requirements of the ABS legislation o Harmonization of existing arrangements to bring them into conformity with the provisions of the ABS legislation OPPORTUNITIES Institutional arrangements in place Awareness raising Initiated the review of the ABS legislation to align it to the Nagoya Protocol on ABS and the ITPGRFA aspects of MLS to strengthening arrangements for benefit sharing Capacity building initiatives under GIZ support contributes to understanding issues that are important for negotiations for MTA Joint projects between ITPGRFA and CBD/Nagoya Protocol on ABS Revival of NCCG (National Convention Coordination Group)

10 PROGRESS OF IMPLEMENTATION OF ITPGRFA

11 Uganda and the ITPGRFA Uganda acceded to the ITPGRFA on 25 March 2003 Joined the international, regional and national initiatives to ensure the conservation and sustainable use of PGRFA as well as the fair and equitable sharing of the benefits arising our of their use Assessed the national policy environment in relation to the implementation of the treaty

12 Domestication of Treaty Through multidisciplinary and cross-sectrol fora

13 Creating awareness amongst stakeholders Sensitised stakeholders about the : Treaty and its implication on their livelihoods, Research and development National policy statements and strategies

14 Strengthening national capacities to implement the International Treaty on Plant Genetic Resources for Food and Agriculture Theme 1 National-level multilateral system policy development: common core activities (and products) Theme 2: Developing capacity to effectively implement the ITPGRFA: research on policy network structure, actor characteristics and coalitions Theme 3 Mapping and measuring PGRFA flows and interdependence: the dynamics of the global crop commons Theme 4: Linking farmers to the ITPGRFA/MLS: potential and challenges of strengthening access to PGRFA through community-based gene/seed banks Theme 5: Technology transfer: generating non-monetary benefit sharing in support of conservation and sustainable use of PGRFA

15 Figure presents the combination of all organizations named by respondents as involved in the implementation of the ITPGRFA. The shape of the node denotes the type of organization. e.g. triangles are national government organizations while squares are international organizations.

16 Challenges and opportunities of a mutually supportive implementation of the two protocols Legislation on ABS in place but requires review to fully take care of IT and NAGOYA Institutional (lead agencies) roles and arrangements in place but require review, further delimitation and harmonization Capacity building in regulatory and implementation agencies

17 Challenges and opportunities of a mutually supportive implementation of the two protocols Intellectual Property considerations for ABS and interrelation with the patent laws Regulation of access of GRs for multiple uses e.g. foodmedicine-spices Mechanisms for negotiating MTAs and PIC. How should capacity for this be built? Monitoring utilization of GRs and designation of checkpoints and certificate of compliance

18 Thank you for listening 18