South Africa Consultation on BABS Regulation

On 18 April 2012, Johanna von Braun and Laureen Manuel of Natural Justice participated in a half day workshop organised by the Department of Environmental Affairs (DEA) of South Africa on the proposed amendments to South Africa’s bioprospecting, access and benefit sharing (BABS) regulations. The workshop is one of many stakeholder consultations being held nationwide during April and May 2012. 

South Africa is a global leader in its bioprospecting legislation but there are many challenges surrounding the implementation of the environmental laws and policies. The purpose of the consultations, therefore, is to draw on the experiences and suggestions of the various stakeholders to inform the amendment process. Some of the challenges raised by participants at the workshop related to benefit-sharing and material transfer agreements, difficulties with issuing authorities, lengthy waiting periods with permit applications and the dynamics between the national and provincial legislatures. Participants called for, among other things, simplified processes where only major users of indigenous biological resources are regulated and for increased capacity and resources at the offices where applications for permits are processed. 

When the consultations are complete, the DEA will develop draft language incorporating concepts and ideas collected from participants. The proposed amendments to the regulations will be then presented to stakeholders for further comment and input.

Supporting Bhutan's ABS Policy Drafting Process

Kabir Bavikatte from Natural Justice and Morten Tvedt from the Fridjof Nansen Institute were in Bhutan from the 28th of March to the 7th of April to provide legal assistance to the Bhutan's National Biodiversity Centre (NBC) to develop Bhutan's Access and Benefit Sharing (ABS) Policy. Bhutan, which is a signatory to the Nagoya Protocol on Access and Benefit Sharing, began the process of developing its national ABS Policy in April 2011 with the assistance of Kabir and Morten. The multi-stakeholder consultation in April 2011 led to a draft national ABS Policy. 

The national ABS Policy has been through a number of public consultations since, most recently in Central and Southern Bhutan. Kabir and Morten were involved in some of these consultations assisting the NBC in a re-draft of the ABS policy based on the inputs from these consultations. The NBC will conduct further community consultations on the Policy in the East of Bhutan after which the draft ABS policy will be presented to the Gross National Happiness Commission and the Cabinet of Bhutan for approval. The Policy, if it is approved, is likely to become one of the most innovative ABS policies in the world as it will ensure the conservation and sustainable use of Bhutan's biodiversity while foregrounding the social, spiritual and economic wellbeing of Bhutan's communities.

Natural Justice advises Namibian Government on draft ABS Legislation

On the 23rd and 24th of February, Kabir Bavikatte and Gino Cocchiaro are in Windhoek, Namibia to attend the Awareness Raising Workshop on Access and Benefit Sharing (ABS) for Sustainable Utilization of Cultural and Natural Assets in Namibia. 

Namibia currently does not have ABS legislation and the workshop, attended by the Minister of Environment and Tourism, Namibian Members of Parliament, Traditional Authority representatives and other representatives of Indigenous peoples and local communities, aims to inform key decision makers in Namibia about the importance of sustainable utilization of genetic resources thereby preserving Namibia's biodiversity and contributing to poverty reduction and the enhancement of the livelihoods of the people of Namibia.

The draft legislation on ABS for Sustainable Utilization of Cultural and Natural Assets, on which Natural Justice has been advising the Ministry of Environment and Tourism, will be presented to the participants of the workshop by Natural Justice and Namibian law firm Nakamhela Attorneys.