Namibia Passes their National Bill on ABS and Traditional Knowledge

Namibia recently passed their national law on bioprospecting called Access to Biological and Genetic Resources and Associated Traditional Knowledge Bill.  This is an historic moment as Namibia’s enactment of their law implements the Convention on Biological Diversity’s Nagoya Protocol.

Their legislation applies to biological and genetic resources as found in or outside of their natural habitat, the derivatives of such resources, associated traditional knowledge, and benefits arising from their use, including commercial use. The law also sets out both to recognize and protect the rights of local communities over their genetic resources and associated traditional knowledge.

The legislation recognizes and protects community intellectual property rights over genetic resources and associated traditional knowledge. It states that the “State must recognize and protect the community intellectual property rights as they are enshrined and protected under the norms, practices and customary law found in, and recognized by, the concerned local communities, whether such law is written or not.”

Namibia is therefore leading in the Africa region in explicitly protecting communities’ rights to recognition of their associated traditional knowledge. This is often the area where the Africa region is still vulnerable.

The text of the bill can be accessed here: 

Seven communities gather to draft the Mariarano community protocol, Madagascar

Drafting group working on the Mariarano community protocol

During the first week of May, Natural Justice and GIZ facilitated a workshop with the local communities of Mariarano, in the Boeny region of Madagascar, to advance on their community protocol concerning the access and use of the Motrobe plant. Motrobe is the local name for Cinnamosma fragrans, a plant used in essential oils in Madagascar and abroad.

The community protocol brings together seven communities who harvest the plant and provide it to local and international biotrade operators. Through their protocol, the communities want to clarify their own decision-making regarding access to the plant, and to hold the operators accountable regarding permits and the fair sharing of benefits from the use of the plant. At the same time, this is the first community protocol process in Madagascar, and the lessons emerging from it are being used to inform the new national framework for Access to genetic resources and Benefit Sharing (ABS).

Role play on the process for obtaining harvesting permits,
during the legal training

The workshop was attended by the members of a local committee that the communities decided to create for the development of the community protocol. The meeting started with a legal training session about the new ABS law in Madagascar and about the general regulatory framework for the access and commercial use of plant resources. In the second half, the community representatives drafted the text of the elements of the community protocol. This draft text will now be edited by the GIZ / Natural Justice team. The result will be discussed and validated in each of the communities, before being officially presented at a stakeholder workshop with representatives of the private sector and government administration.

The Mariarano community protocol will contain the following elements:

• Local decision-making structures inside and between the seven communities
• Processes that commercial operators, researchers and others have to follow to access the community’s genetic resources and traditional knowledge
• Traditional rules and values of the communities
• Modalities for benefit sharing and conditions for the buying of plant material
• Processes for conflict resolution
• Commitments by the community to conserve their natural resources, specifically the Motrobe plant
• The rights of the local communities to their natural resources under the law

Rooibos Traditional Knowledge holders meet with Industry

Rooibos industry

Mr. Cecil Le Fleur, Chairman, National KhoiSan Council

The San and Khoi are the rightful knowledge holders regards traditional knowledge related to the rooibos plant, and they are currently negotiating with the rooibos industry in terms of the South African Access and Benefit Sharing legislation. They are legally supported by Lesle Jansen from Natural Justice and Roger Chennells from Albertyn Chennells Inc.   A basic industry-wide agreement is being sought, based purely upon traditional knowledge in the light of the South African legislation, which will simplify the access and benefit sharing and permitting requirements for the rooibos industry. The traditional rooibos farming communities will be the primary beneficiaries under any agreement reached.  The agreement will have significant benefits not only for the Khoi and San traditional knowledge holders, but also for the rooibos industry.  These stakeholders met on 2nd December 2015 in Clanwilliam to further develop these negotiations.

Harvested rooibos, South Africa

Traditional rooibos farming communities from Wupperthal and surrounding areas, South Africa

Nagoya Protocol Enters into Force

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will entered into force on October 12, 2014, providing the world with a mechanism to ensure that access to and the sharing of the benefits from the use of genetic resources, and associated traditional knowledge, happen in a context of transparency and with equity.

Natural Justice, and other organisations that have worked tirelessly to bring this dream to fruition.  In July, the requisite number of ratifications was attained, and the stage set for its entry into force. Ever since its founding, Natural Justice has been supporting communities in exploring how biocultural community protocols can assist them to engage with Access and Benefit Sharing (ABS) according to their values. This is in addition to the technical advice that NJ has constantly availed at all levels, from the sub-national to the international.

AU Access and Benefit Sharing Policy Frameworks and Guidelines Ready for Adoption

Gino Cocchiaro, Natural Justice, took part in the Validation Workshop on the AU Guidelines  for the Coordinated Implementation of the Nagoya Protocol on Access and Benefit Sharing from the 11th to the 14th of August in Addis Ababa, Ethiopia. The workshop was attended by African government representatives, experts on access and benefit sharing, indigenous people and local community representatives.

The workshop produced a final policy framework and guidelines on access and benefit sharing, which will both be presented to the The African Ministerial Conference on the Environment (AMCEN) for adoption. Natural Justice provided assistance to the indigenous people and local community representatives attending the meeting to ensure that the text adequately reflected their calls for recognition of their customary laws, community protocols and procedures.

A Hard-Fought Victory: Nagoya Protocol Achieves Requisite Numbers for Entry into Force

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will enter into force on 12 October 2014 following its ratification by 51 Parties to the Convention on Biological Diversity (CBD).

This is a proud moment for Natural Justice, and other organisations that have worked tirelessly to bring this dream to fruition. Ever since its founding, Natural Justice has been supporting communities in exploring how biocultural community protocols can assist them to engage with Access and Benefit Sharing (ABS) according to their values. This is in addition to the technical advice that NJ has constantly availed at all levels, from the sub-national to the international.

Namibia Accedes to the Nagoya Protocol

Namibia has become the 35th country to accede to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

With this accession, Namibia is now officially a Party to the NP under the Convention of Biological Resources (CBD). 

Natural Justice takes this opportunity to congratulate Namibia on the superlative work done towards this accession, and commits to supporting their ongoing work in meeting its obligations under the Protocol.

Report on Africa Regional Symposium for Community Land and Natural Resources Protection

Following the highly success Africa Regional Symposium for Community Land and Natural Resources Protection, co-hosted by Natural Justice and Namati in Cape Town in November 2013, a report on the outcomes of the Symposium have been released.

Community Land and Natural Resource advocates from around Africa gathered together at this symposium to discuss challenges and brainstorm solutions based on their own experiences, revolving around the following 8 key themes:

• Community definition;
• Conflict resolution;
• Governance and Leadership;
• Equity and Gender;
• Conservation and Stewardship;
• Investor-Community Relations;
• Government Barriers to Implementation;
• Policy advocacy and Law-Making.

The organisers look forward to building the momentum created during the symposium. 

Seventeenth Meeting of the SBSTTA Begins in Montreal, Canada

On October 14, 2013, country delegates, representatives of Indigenous peoples and local communities, and other participants came together in Montreal, Canada for the seventeenth meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA). This meeting, chaired by Mr. Gemedo Dalle Tussie (Ethiopia), is particularly noteworthy because it involves an entirely new meeting format. In the past, the Secretariat of the Convention on Biological Diversity (CBD) prepared draft recommendations that the Parties attending the SBSTTA meeting then considered throughout the meeting's course. This year, however, the CBD Secretariat did not prepare any draft recommendations. Instead, the first three days of the 17th meeting will consist of expert panels addressing issues on the SBSTTA agenda. Summaries of the discussions held during those panels will then be created in order to draft "conclusions, and if appropriate, recommendations." (UNEP/CBD/SBSTTA/17/1/Add.2, para. 6(c)). The effectiveness and ramifications of this new format remain to be seen, and some countries have called into question whether the decision to change the format conforms with the decisions regarding SBSTTA adopted during prior Conferences of the Parties.

On the agenda for this meeting are 2 main items: Item 3 -- Facilitating the implementation of the Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Targets through scientific and technical means; and Item 4 -- Assessing the effects of the types of measures taken in accordance with the provisions of the Convention. With regard to Item 3, only the first four Strategic Goals of the Strategic Plan for Biodiversity (Goals A-D) will be discussed. Thus, Strategic Goal E, and its crucial Target 18 regarding traditional knowledge of and customary use of biological resources by indigenous peoples and local communities will dot be addressed.

Natural Justice partner works to alleviate poverty and protect biodiversity

Natural Justice attended the Annual General Meeting of Phyto-Trade Africa from the 29th to the 31st of July. During the 3-day meeting, Gino Cocchiaro (Natural Justice) met with Phyto-Trade members to discuss their strategies on collaborations with communities in the bio-trade industry.

Natural Justice has previously presented on its work with communities, particularly on biocultural community protocols and biocultural dialogues, which has assisted communities set out terms for engagement with biotrade companies. Natural Justice will also be collaborating with Phyto-Trade Africa and the Access and Benefit Sharing (ABS) Initiative on a programme of work that will identify best practice examples of ABS in southern Africa.

Phyto-Trade Africa is a trade association of the natural product industry in Southern Africa with an aim to alleviate poverty and protect biodiversity in the region by developing an industry that is not only economically successful but also ethical and sustainable.

Natural Justice and Indigenous Information Network send letter to ENVI Regarding Concerns over Nagoya Protocol Implementation

Photo Credit: World Intellectual Property Review

On 2 July 2013, Natural Justice, jointly with the Indigenous Information Network, sent a letter to the Committee on the Environment, Public Health and Food Safety (ENVI) of the European Commission expressing their concern about the way the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol) might be implemented in the European Union through the current draft Access and Benefit Sharing Regulation of the European Commission (Draft ABS Regulation). 

In the letter, which has been signed by over 50 individuals or organisations representing or supporting indigenous people and local communities, Natural Justice and the Indigenous Information Network highlight in particular that the Draft ABS Regulation: potentially excludes traditional knowledge (TK) covered by the Nagoya Protocol; only covers genetic resources (GRs) and associated TK that are physically accessed rather than utilized after the Protocol comes into force for the EU and provider country, thereby excluding millions of compounds and associated TK that are available as they have already been accessed from provider countries and communities; and essentially fails to fight biopiracy effectively. 

ABS and BCP Workshop in East London, South Africa

On 3 and 4 July 2013, the Department of Science and Technology, in collaboration with the Indigenous Knowledge Systems (IKS) unit of the Medical Research Council of South Africa held the third and final pilot workshop on the international legislative framework and the South African domestic laws relating to Access and Benefit-Sharing.  The workshop was held in East London with twenty-eight participants and six resource persons.  Laureen Manuel and Gino Cocchiaro of Natural Justice conducted the workshop, which included presentations, group discussions and role plays on biocultural community protocols (BCPs).  

Members of seven different communities from villages in Uitenhage, Grahamstown and Willowbridge, as well as two representatives from the Mokgola community in Zeerust, participated in the workshop. Some of the participants are traditional healers and others are engaged in the farming of various types of tea leaves.  

International and domestic law on Access and Benefit Sharing, specifically the Convention on Biological Diversity and the Nagoya Protocol, and the Bioprospecting, Access and Benefit Sharing Regulations of South Africa were among the topics covered under the session on laws. 

The workshop concluded with participants readily taking part in the group discussions and role plays on BCPs, where they were required to engage with challenging questions about their own communities' visions for the future and their decision-making processes. 

The short report for the African BCP Initiative 2011-2012 can be found here.

Will the European Union Legalise Biopiracy?

A new opinion piece, published on 18 June by Natural Justice and the Berne Declaration, sharply criticises the European Commission’s draft EC Regulation 2012/0278 (COD) to implement the Nagoya Protocol on Access and Benefit-Sharing in the European Union (EU). By excluding a significant category of genetic resources (GRs) from the scope of the regulation, the Draft fails to implement the main objective of the Convention on Biological Diversity and the Nagoya Protocol: the fair and equitable sharing of benefits arising from the utilisation of GRs and associated traditional knowledge (TK). In addition it will lead to greater legal uncertainty for users, allow for unfair competitive practices and, in the long run, lead provider countries to implement more burdensome access procedures to GRs.

The ENVI Committee of the European Parliament will vote on the Draft Regulation on the 4th of July, with a final draft expected to be tabled in the European Parliament in October 2013. In the Draft Regulation, user obligations would only apply to GRs and associated TK that have been physically accessed in the country of origin after the entry into force of the Nagoya Protocol. This implementation would be in sharp contrast to the large majority of existing ABS laws in provider countries where the utilisation of GRs and associated TK also triggers the obligation to share benefits, based on prior informed consent and mutually agreed terms. The European Commission’s narrow and biased interpretation of the Nagoya Protocol and subsequent national implementation is likely to have a number of very serious consequences:

Regional Workshop on awareness raiding and capacity-building to support the ABS mechanism under the Nagoya Protocol, Chengdu, China

Arpitha Kodiveri of Natural Justice attended the Regional Workshop on awareness raiding and capacity-building to support the ABS mechanism under the Nagoya Protocol held in Chengdu, China between the 15th- 17th of May,2013 which was organized by ICIMOD. The workshop sought to bring together regions concerned with issues of biodiversity conservation and traditional knowledge across the Hindu Kush Himalayan landscape. Key representatives from Pakistan, Bhutan, India, China, Nepal and Myanmar presented efforts in their countries to set up domestic legal frameworks to facilitate the process of access and equitable sharing of benefits as proposed by the Nagoya Protocol. 

ABS and BCP Workshop in Zeerust, South Africa

A workshop on the international legislative framework and the South African domestic laws relating to access and benefit sharing was held in Zeerust, South Africa on 9 and 10 April 2013. This workshop was the second of three workshops in a pilot project funded by the Department of Science and Technology and the National Research Institute, and organised by the Indigenous Knowledge Systems unit of the Medical Research Council of South Africa. Laureen Manuel and Stephanie Booker of Natural Justice conducted the workshop, which included presentations and training on biocultural community protocols (BCPs).

The participants of the workshop included committee members and youth from the Mokgola community in Zeerust. The topics covered the international and domestic law on Access and Benefit Sharing, specifically the Convention on Biological Diversity and the Nagoya Protocol, and the National Environmental Management: Biodiversity Act and Bioprospecting, Access and Benefit Sharing Regulations of South Africa.

The presentation and group discussions on BCPs revealed some community tensions which ended in concurrence that there needs to be more discussion within the community to reach agreement on certain issues.

Tokyo Meeting on Articles 19 and 20 of the Nagoya Protocol

Buddha of Kamakura

Kabir Bavikatte (Natural Justice) participated in an informal meeting from 25-26 March 2013 in Tokyo, Japan. The meeting was organized by the Japanese Ministry of Foreign Affairs in collaboration with the Secretariat of the Convention on Biological Diversity and the United Nations University Institute of Advanced Studies. It included discussions on Articles 19 and 20 of the Nagoya Protocol on Access and Benefit Sharing, namely, model contractual clauses, and codes of conduct, guidelines and best practices and/or standards, respectively.

With Articles 19 and 20 being one of the focal topics to be addressed at the upcoming third meeting of the Intergovernmental Committee for the Nagoya Protocol (ICNP3), this informal meeting aimed to facilitate a dedicated discussion on these items among experts from around the world. The outcomes of this meeting would provide valuable inputs to the discussion at the ICNP3.

EU Working Towards Implementation of the Nagoya Protocol

The Nagoya Protocol is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way. It was adopted on 29 October 2010 in Nagoya, Japan.

The European Parliament is now in the process of passing it into European law and thus giving precedent for the requirements of the European member states for when they pass the Nagoya Protocol into their domestic law.

There are a number of concerns with the EU's draft regulations as they stand. See here for Natural Justice's Letter of Concern to the European Union Parliament. The draft regulations are currently in review and are expected to be tabled in the EU Parliament in October to be ratified by the end of the year.
Click here for the EU's hearing on the ABS Draft Regulations.

ABS capacity development workshop in Bhutan

Left to right:
 Dr. Tashi Yangzome (Director, National Biodiversity Center),
Morten Tvedt (Fridtjof Nansen Institute),
Dr. Pema Gyamtsho (Minister for Agriculture and Forests),
 Dr. Kabir Bavikatte (Natural Justice),
 Mani Prasad Nirola (Scientist, National Biodiversity Center).
Courtesy of Kabir

Kabir Bavikatte from Natural Justice and Morten Tvedt from the Fridtjof Nansen Institute facilitated an ABS capacity development workshop in Bhutan from the 12th-14th of March 2013. The workshop was hosted by the National Biodiversity Centre and the Ministry of Agriculture and Forests with the aim of developing Bhutan's national ABS capacity.

The workshop was attended by representatives of the various ministries and departments in Bhutan and covered a number of issues ranging from intellectual property to community protocols. Previously Kabir and Morten have assisted Bhutan in developing their national ABS policy and the current workshop sought to provide the context to this policy by focusing on issues of access to genetic resources, benefit sharing and community rights.

Kabir and Morten and their respective organizations were formally thanked by Bhutan's Minister for Agriculture and Forests, Dr. Pema Gyamtsho for their services rendered to Bhutan and its people.

MRC Workshop in Upington

From 13-14 March 2013 in Upington (Northern Cape, South Africa), Natural Justice, in collaboration with the Indigenous Knowledge Systems unit of the Medical Research Council of South Africa (MRC), facilitated a two-day workshop on the international legislative framework and the South African domestic laws relating to access and benefit-sharing. The workshop, conducted by Laureen Manuel and Lesle Jansen (Natural Justice), included a day-long session on biocultural community protocols (BCPs).

The participants of the workshop consisted mainly of the San and Nama peoples, a significant respresentation of the Rastafarians from the Kalahari, as well as researchers from the MRC, and a representative of the Department of Science and Technology, which funded the workshop. The workshop centred on the international and domestic law on Access and Benefit Sharing, specifically the Convention on Biological Diversity and the Nagoya Protocol, and the National Environmental Management: Biodiversity Act and Bioprospecting, Access and Benefit Sharing Regulations.

The session on BCPs triggered ardent discussions around issues of spiritual connectedness to the ground, the need for knowledge on laws and the rights of Indigenous peoples. The discussions also highlighted the importance of communities organising themselves and the establishment of governance structures.

The workshop concluded with a prayer and with each participant sharing their thoughts on their experiences throughout the two days.

IPR and ABS Workshop in Bhutan

Via  www.moaf.gov.bt

Kabir Bavikatte (Natural Justice) is involved in a workshop on 'Intellectual Property Related to Genetic Resources and Access and Benefit Sharing (ABS) in relation to the Nagoya Protocol and International Treaties'.

It is being held over four days (12-15 March) in Thimphu, Bhutan.

Keep up to speed on crucial developments here.