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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 01 Nov 2017
No country selected.
Interim National Report on the Implementation of the Nagoya Protocol
-
Person:
Mr Chencho
Dorji
|
ABSCH-CON-BT-238632-1
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
Person:Mr Chencho DorjiHead, BP and ABS Program, National Biodiversity Centre, BP and ABS ProgramSerbithangThimthrom, Thimphu
11001, BhutanPhone: +975-2-351218/351417,Fax: +975-2-351219,Email: dorjichencho@gmail.com,Website:
To view the current National Focal Point information, click
here.
No
The National Environment Commission Secretariat is the national focal agency for the Convention on Biological Diversity and its two protocols - Cartagena Protocol on Biosafety and Nagoya Protocol on Access and Benefit-Sharing. The National Environment Commission has designated the National Biodiversity Centre, Ministry of Agriculture and Forests as the focal agency for the Nagoya Protocol. However, the formal communication to the CBD Secretariat has not been done so far. The National Environment Commission Secretariat will formally write to the CBD Secretariat for designation of National Biodiversity Centre as the NFP as early as possible so that the requirements under the Protocol is fulfilled without delay in the future.
Yes
The ABS Policy of Bhutan 2015 has been developed in harmonization with the Nagoya Protocol, the International Treaty and the Biodiversity Act of Bhutan 2003. Further, the Biodiversity Act of Bhutan 2003 has been revised and is in the form of the Biodiversity Bill of Bhutan awaiting endorsement by the Parliament. In addition, five executive orders has been issued with regard to ABS in the country.
Yes
There was no difficulty in identifying who the National Focal Point should be since the National Biodiversity Centre is the authorised agency for overseeing matters related to access to genetic resources and equitable sharing of benefits, guided by the Biodiversity Act of Bhutan 2003 and the ABS policy of Bhutan 2015. The only challenge was in completing the process of formal designation of the NFP through the National Environment Commission.
The following is the contact address for the NFP for ABS:
Mr. Chencho Dorji
Head, BP and ABS Program
The National Biodiversity Centre
MoAF, Serbithang,
P.O. Box 875
Thimphu, Bhutan
Phone: +975- 351218/351417
Fax: +975-351219
Email: dorjichencho@gmail.com
Alternate Focal Point:
Dr. Tashi Yangzome Dorji
Program Director
The National Biodiversity Centre
MoAF, Serbithang,
P.O. Box 875
Thimphu, Bhutan
Phone: +975- 351/351417
Fax: +975-351219
Email: yangzome2011@gmail.com/ tyangzome@moaf.gov.bt
Mr. Mani Prasad Nirola
Sr. Biodiversity Officer
The National Biodiversity Centre
MoAF, Serbithang,
P.O. Box 875
Thimphu, Bhutan
Phone: +975- 351218/351417
Fax: +975-351219
Email: mpnirola@moaf.gov.bt
Yes
There was no difficulties and challenges encountered in designating the CNA as it was already established in the Biodiversity Act of Bhutan 2003.
The Ministry of Agriculture and Forests has been designated as the Competent National Authority as stipulated in the Biodiversity Act of Bhutan 2003 and the ABS Policy of Bhutan 2015.
No selection made
No
There were no difficulties encountered. The only reason for not making it available was because the NFP for ABS was not designated formally till now and did not have access to upload the information on the ABS clearing-house.
Not applicable, since no access requirements are in place
No
Please see answer to question no.7 above for explanation.
Yes
The National Biodiversity Centre (NBC) as the national focal point for NP organised three rounds of meetings with relevant stakeholders and identified three checkpoints, including NBC. The other two checkpoints identified and formalised were the Department of Intellectual Property and Bhutan Agriculture and Food Regulatory Authority. There is ongoing discussion with the Drug Regulatory Authority on their potential role as a checkpoint.
No additional information provided
Yes
PIC is mandatory for any access to genetic resources and associated TK
Yes
The Biodiversity Act of Bhutan 2003 has a chapter on Access to Genetic Resources and Benefit-sharing. The ABS policy of Bhutan 2015 provides comprehensive guidelines covering ownership of genetic resources, value of genetic resources, ABS collaborations, regulating access to GR and TK associated with GR and fair and equitable sharing of benefits.
Yes
This information is provided in the Biodiversity Act of Bhutan 2003, followed by Executive orders in 2011, 2013, 2015, 2016 and 2017.
Yes
The final approval on any proposal regarding access and utilisation to genetic resources rests with the CNA, which is communicated in writing by the NFP.
Yes
Access is provided after the applicant has executed a scoping agreement or an ABS agreement or a Standard Material transfer Agreement or a Material Transfer agreement. This may be subject to other permits as per national laws such as forest permit when accessing the material in the forest.
0
As explained above, information thus far has not been uploaded on the ABS clearing house even though there has been progressive implementation of the ABS regime at the national level.
Yes
These rules and procedures on MAT are guided by the Biodiversity Act of Bhutan 2003 and the ABS policy of Bhutan 2015. These rules are ready to be endorsed by the Ministry upon formalisation of the Biodiversity Bill of Bhutan, which is ready to be presented to the parliament.
Yes
Yes
USD 2,96,400/-
Yes
Capacity building in: laboratory techniques on plant analysis, natural product development, TK documentation, institutional linkages and collaborations, farmer groups’ empowerment/exposure visits.
Yes
Yes
Capacity building of farmers in cultivation, development of community protocols, exposure visits, provision of farm inputs such as agricultural tools etc.
Since the project on the genetic resource associated with TK is still ongoing, it is envisioned that once the product is commercialised, there will be monetary benefits too.
No additional information provided
Yes
There is a clause in the Biodiversity Bill of Bhutan which specifies that the NFP shall cooperate with member states to ensure compliance with respective legislation of member countries related to access to GR or associated TK. Once the Biodiversity Bill of Bhutan is adopted by the Parliament, then legislative and administrative measures will be established.
Yes
The ABS policy of Bhutan 2015 provides comprehensive guidelines on access to TK associated with genetic resources and the fair and equitable sharing of benefits arising from the access.
There is more detailed coverage of TK associated with GR in the Biodiversity Bill of Bhutan which is awaiting adoption by the parliament.
Yes
These measures are provided under the ABS policy of Bhutan 2015 and the Biodiversity Bill of Bhutan under chapter 6, clauses 81 to 88.
No additional information provided
Yes
Yes
These are covered under chapter 5 of the Biodiversity Act of Bhutan 2003 under Offences and Penalties. It is also covered in more detail under the Biodiversity Bill of Bhutan, chapters 9 and 10.
No cases of non- compliance encountered so far.
No
Yes
Yes
No
This situation has not arisen yet.
Yes
The designated checkpoints are authorised to collect information to ensure compliance of the User with the conditions of PIC, MAT and source of genetic resource and also general compliance with the national ABS regime.
Yes
These are covered under chapter 5 of the Biodiversity Act of Bhutan 2003 under Offences and Penalties. It is also covered in more detail under the Biodiversity Bill of Bhutan, chapters 9 and 10.
Yes
No
Checkpoints have been identified at the national level but communication to the ABS Clearing House is still pending since the formalisation of the new NFP for NP has not been communicated to the Secretariat formally yet.
As mentioned earlier, the designation of the new NFP for NP has just been formalised but not yet communicated to the Secretariat. Once the formalisation is done, the provision of information to the ABS clearing house will be regularised.
0
Yes
The access agreements always include a clause to provide information to the NFP on the utilisation process including provisions in the MAT.
Yes
Most of the process is carried out electronically, making it more cost-effective and convenient for the applicants. For example, most of the applications are recevied and processed electronically.
No additional information provided
Not applicable, since no access requirements are in place
Yes
There is a mandatory clause on dispute resolution in all access agreements which specifies mutually agreed conditions on how the dispute will be resolved.
Yes
If disputes cannot be resolved by negotiations between the parties, then the parties agree to settle the dispute through arbitration conducted by a mutually agreed and appointed arbitrator.
Yes
This has been covered under question 32.
Yes
This is as explained under question 32.
No additional information provided
Yes
This is covered under policy objective 2 of the ABS policy of Bhutan 2015, wherein it specifies the importance of strengthening research in the country to secure the value of Bhutan’s genetic resoruces and associated TK for conservation and sustainable use.
The simplified measure for access for non-commerical research purposes is the requirement to executre only a material transfer agreement instead of ABS/ scoping agreement. The conditions of the MTA specify the need to inform the CNA/NFP on change of intent.
Yes
This is covered under the Biodiversity Bill of Bhutan under Chapter 4 clause 30 wherein exemptions will be granted from procedural requirements or a fee waiver for such cases.
Yes
This is covered under the Biodiversity Bill of Bhutan under Chapter 4 clause 30 wherein NFP may submit request for exemptions to the CNA where the access to GR is driven by national priorities and programs.
Yes
The Biodiversity Bill of Bhutan under chapter 4 clauses 60-63 specifically deals with access to plant genetic resources for food and agriculture highlighting its importance for food security. Further, Chapter 3 clause 16(3) of the bill strengthens farmers’ rights and promotes its special role towards food security.
In addition, the ABS policy of Bhutan 2015 provides special considerations for access to the Annex 1 crops mentioned under the International Treaty.
The Biodiversity Act of Bhutan 2003 under chapter 3 clause 18 (a) also has exceptions restricting breeder’s right in relation to plant varieties in order to permit small farmers to propagate seed which they have harvested on their holding and to exchange that seed with others on a non-commercial basis.
No additional information provided
Yes
Overall, Bhutan has a diverse population consisting of three major groups such as Ngalop, Sharchop and Lhotsham. While there are minor ethnic groups such as Monpas, Lhops, Layaps and Saktenpas depending on location and culture etc., they are considered as local communities along with the sub groups of the major populations.
Yes
The local communities are considered as the main custodians of the biological resources and associated TK.
The ABS Policy of Bhutan 2015 recognizes local communities as the provider of genetic resources and associated TK wherein, access to genetic resources and associated TK from the community shall be based on their consent.
The Biodiversity Act of Bhutan 2003 under Chapter 4 clause 33 establishes the local communities as the owner of the traditional knowledge and clause 37 makes it mandatory to obtain PIC from owner of the traditional knowledge for non-customary utilization.
The Biodiversity Bill of Bhutan further strengthens this stand through chapter 3 clause 19 which re-emphasizes the local communities as the providers of genetic resources accessed from their community and chapter 5 clauses 75 -79 empowers them as the holder of TK with rights to grant its access.
Yes
As explained above in question 38, the local communities are recognized as the provider of genetic resources accessed from their community and the holder of their traditional knowledge. As per the ABS Policy of Bhutan 2015, Biodiversity Act of Bhutan 2003 and the Biodiversity Bill of Bhutan it is mandatory to obtain PIC from the local communities for the above access. Moreover, the local communities are always party to the ABS negotiations when drawing the ABS agreements.
Yes
At the national level, the NFP is required to consult and obtain PIC from the local communities prior to granting access and the communities are engaged throughout the process. However, at the community level, the criteria/process for obtaining PIC and involvement of the local communities is guided by the community protocol developed by the respective communities.
Yes
As per the policy measure 1.2 of ABS Policy of Bhutan, local communities need to develop community protocols based on which they grant PIC and negotiate MAT. The policy measure 4.9 affirms the requirement of PIC and establishment of MAT based on their community protocol with the guidance of the NFP.
In addition, The Biodiversity Act of Bhutan 2003 establishes the local communities as the owner of the traditional knowledge vide its Chapter 4 clause 33 and clause 37 makes it mandatory to obtain PIC from owner of the traditional knowledge for non-customary utilization.
The Biodiversity Bill of Bhutan under chapter 4 clause 32 establishes the requirement of PIC from local communities for accessing their TK and chapter 5 “Access to Traditional Knowledge associated with genetic resources” highlights these requirements.
Yes
The policy measure 1.2 of the ABS Policy of Bhutan and Chapter 5 clause 74 of Biodiversity Bill makes it mandatory for the local communities to develop community protocols to guide them in ABS process. Till date, the NFP has facilitated the development of four community protocols.
The policy measures 4.3 of the ABS Policy of Bhutan, Chapter 2 clause 9 (k) of Biodiversity Act of Bhutan 2003 and Chapter 3 clause 22 ensures that access to genetic resources and its associated TK are with regard to the customary laws prevailing in the communities.
Yes
All access to TK associated with GR is routed through the NFP and the CNA wherein Users are educated on the rights of TK holders;
Many communication materials such as brochures, posters, articles and audio-visuals on Material Transfer Agreements, general process for ABS, ABS regime etc. have been developed and disseminated to advocate the potential users and the general public. Awareness campaigns on ABS has already been mainstreamed into the national plans and till date more than 180 awareness programs have been conducted at the community level and more than 50 advocacy and consultation programs were carried out for academia, policy makers, researchers, entrepreneurs etc. both at the national and international levels.
No selection made
Yes
Recognizing the importance of community protocols in empowering local communities, the local communities are supported by the NFP in developing their community protocol following a bottom-up participatory approach. Prior to the development of the community protocol, an inception workshop is conducted with the local communities to understand the existing customary laws and norms, decision making processes, community priorities etc as well as to make them understand the legal aspects. Upon the successful completion of the inception workshop, community protocol is developed and endorsed by the local communities under the guidance of the NFP and legal unit.
Yes
The Biodiversity Bill of Bhutan under chapter 4 clauses 37 – 54 specifies the minimum requirements of a MAT. The basis for any MAT would be to ensure that the communities are well-informed about ABS, about the conditions of access, about their rights as providers, their right to give PIC and negotiate fair and equitable benefits and not to be exploited in the process with the NFP maintaining oversight and facilitating the process.
Yes
Four different model contract agreements namely, Scoping agreement, ABS agreement, Material Transfer agreement and Standard Material Transfer agreement have been developed and used. All the agreements requires the following contractual clauses;
1. Parties to the agreement
2. Information of genetic resources accessed
3. Conditions of access (Purpose, collection site/ destination, reporting, change of intent, third party transfer, IP rights etc.)
4. Liabilities and Indemnification
5. Terms of the agreement and Termination
6. Notice
7. Confidentiality
8. Arbitration and Dispute Resolution
9. Governing Law and Jurisdiction
10. Severability and Modification
Yes
The chapter 3 clause 18 (a) of the Biodiversity Act of Bhutan 2003 restricts breeder’s right in order to permit small farmers to propagate seed which they have harvested on their holding and to exchange that seed with others on a non-commercial basis. In addition, Chapter 3 clause 16(3) of the Biodiversity Bill of Bhutan promotes informal seed system under which the farmer can save, use, share, exchange and sell farm saved seeds or propagating material including rights to save, use, sell, share and exchange protected varieties.
The scope of the ABS Policy of Bhutan 2015, excludes the use of traditional knowledge within and between local communities within their traditional context.
No selection made
No additional information provided.
Yes
The ABS policy recognises Bhutan’s rich biological resources and respects the age old tradition of living in harmony with nature. It also recognises that conservation is becoming an increasing challenge and there is a need to ensure the continuity of biodiversity conservation through ABS. This is done through the encouragement of both Users and Providers to ensure that ABS agreements build national capacities, adopt sustainable cultivation and collection methods, as well as secure premium prices for the communities for biological resources accessed and lastly, ensure that part of the monetary benefits are channelled into the Bhutan ABS fund, which was established with the singular aim to incentivise conservation efforts at the grass root level.
No answer provided
This has been addressed under question 45.
The implementation of the NP has accelerated the establishment of national policy, regulatory and legislative frameworks on ABS resulting in the accruing of benefits through access to Bhutan’s biological resources and its associated TK. As explained above, these benefits have been utilised to involve and reward community conservation initiatives as well as build national capacities in the area of biodiversity research and sustainable utilisation initiatives. This has led to the promotion of efforts towards people-centric conservation.
No additional information provided.
Yes
The Biodiversity Bill of Bhutan Chapter 11 clause 130 states that “the NFP shall cooperate with member states to ensure compliance with respective legislation of member countries relating to access to GR or associated TK.”
So far, there has been only limited involvement but in such cases, the local communities learnt from the communities in the neighbouring region with the same genetic resource through sharing of knowledge, experiences and expertise on cultivation, harvesting and collecting methods.
Not applicable, since there are no indigenous and local communities in my country
Yes
This has been addressed in question no. 48.
Wherein, the Biodiversity Bill of Bhutan Chapter 11 clause 130 states that “the NFP shall cooperate with member states to ensure compliance with respective legislation of member countries relating to access to GR or associated TK.”
However, till date there are no examples to quote.
No additional information provided
Yes
This has been addressed under question no. 42 on model contractual clauses.
Yes
The ABS Policy of Bhutan 2015, Biodiversity Bill of Bhutan and its draft Regulations have been developed so far. A national toolkit on ABS is in the pipeline.
No additional information provided
Yes
Yes
Many communication materials such as brochures, posters, articles and audio-visuals on Material Transfer Agreements, general process for ABS, ABS regime etc. have been developed and disseminated. Awareness campaigns on ABS has already been mainstreamed into the national plans and till date more than 180 awareness programs has been conducted at the community level and more than 50 advocacy and consultation programs were carried out for academia, policy makers, researchers, entrepreneurs etc. both at national and international level. In this year, around 26 awareness programs are planned towards communities and academia.
Yes
Yes
One of the key guiding principle of ABS Policy of Bhutan 2015 is to strengthen national capacities to develop better understanding of our biological resources for effective conservation and sustainable utilization.
Till date, about 30 various capacity building programs focused on biodiversity research, ABS regime management, Community protocols, building partnerships, natural product development etc. have been conducted for more than 500 participants (300 officials/entrepreneurs and 200 community members).
Yes
The country has accessed NPIF Project worth USD One Million for a duration of four years staring from 2014. The country also received funding worth USD 3,00,000/- from Bhutan Trust Fund for Environment Conservation in the year 2009 which was also used to implement the Nagoya Protocol. Funding support amounting to USD 60,000/- was also received from Bioversity International under Genetic Resources Policy Initiatives Project.
Other external support received from international collaborative partners was in the area of building national capacities through technological, technical and financial support.
Yes
A two day international seminar on traditional knowledge associated with genetic resources was conducted in March, 2016 for 70 participants including participants from India, Nepal, Malaysia, Norway and ICIMOD.
No additional information provided
Yes
Till date a total of eight initiatives have been implemented or is in the process of being implemented. These include four national and four international collaborations with focus on technical and development programs.
No additional information provided
Becoming a Party was not too challenging due to strong political will and support for biodiversity conservation and fair and equitable sharing of benefits. However, after becoming a party, there were numerous challenges in implementing the NP due to lack of financial, technical, physical capacities as well as low level of awareness on ABS in general.
No
The government can only co-finance staff, space, in country travel etc. due to limited funds in the national coffers. Therefore, in order to strengthen the implementation of the NP, mobilization of additional resources is a necessity.
Yes
Yes
Yes
Yes
The funding received from BTFEC and Bioversity International as detailed under question no.56.
The NPIF project was mobilised in collaboration with the UNDP country office Bhutan and Technical support in Bangkok, Thailand.
The GRPI project was mobilised in partnership with Bioversity International.
In order to explore possible funding partners, exposure is very necessary since these projects were explored at the side lines of the CoP meetings as well as the CGRFA meetings.
There have been limited calls for funding received by the NFP so far in relation to the implementation of the NP. It was only through pro-active exploration of opportunities that funding has been received. In terms of the BTFEC funding, since this is a national Trust Fund, the calls for proposals was received and submitted for financing.
Experiences for Q 62(b).docx
(/api/v2013/documents/357DDDC2-F692-00C7-4195-08E11FB92B38/attachments/Experiences%20for%20Q%2062(b).docx)
NPIF Project: USD 1 Million (Status: to be completed by Sep 2018)
BTFEC Project: USD 3,00,000/- (Status: Completed in June 2012)
GRPI Project: USD 60,000/- ( Status: Completed in November 2015)
Info for Q 62(c).docx
(/api/v2013/documents/357DDDC2-F692-00C7-4195-08E11FB92B38/attachments/Info%20for%20Q%2062(c).docx)
Yes
Less than 10
The main difficulties and challenges are limited human and financial resources.
The requirement of staff is very much dependent on the working modality in terms of delivering in the country.
No information provided
There were no difficulties regarding the format except for some repetitions in the questions.
