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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 26 Jun 2018
No country selected.
Interim National Report on the Implementation of the Nagoya Protocol in Liberia
CHM-NFP-LR-210213-2
ABS National Focal Point
Mrs. Frances B. Seydou
To view the current National Focal Point information, click
here.
No
Liberia has not made any information available to the Clearing –house except the one on the National Focal Point. The Interim National Report will be the first of it kind to be included.
Yes
The first action was the appointment of National Focal upon signing the protocol in 2010. Between 2011 & 2012, ABS law was prepared and submitted to the President of the Republic for legislative action. Administratively, numbers of actions were taken including the constitution of National ABS Steering Committee charged with the responsibility to approve programmes and action plan for implementation.
In addition, series of stakeholder workshops to build capacity for policy-makers, the media, civil society and traditional leaders were conducted for informed decision-making.
Yes
The main challenge that confronted authorities at the EPA was the issue of gender balance guided by the relevant expertise in appointing National Focal Point. The authorities needed time to consult and arrive at consensus before decision. Eventually a female was named in person of Madam Frances Browne Seydou.
No
Part II, Section 5 of the Environmental Protection Agency Act says the Environmental Protection Agency of Liberia is the Competent National Authority on Multilateral Environmental Agreements within the Republic of Liberia.
No selection made
No selection made
Not applicable, since no access requirements are in place
No selection made
No
The Forestry Development Authority which is the national institution responsible for protected area management and the Ministry of Agriculture maintain registry for such information. Said information has not been made available to any website. These responsibilities existed longer time prior to Liberia becoming party to the ABS Protocol.. Also, the Ministry of Internal Affairs who is the custodian of the culture and traditional practices of the country, control access and utilization of traditional knowledge associated with genetic material through its local leaders in the counties, districts, chiefdoms and clans. The Ministry relies on administrative law known as “Interior Regulations” ..
No additional information provided
Yes
There are processes in place regarding access and use of genetic resources in the country based on statutory laws, policies and regulations. Example,To have access for research purpose and taking of Genetic resources (live plans and animals and/or their parts) out of the country, permit/certificate must be obtained from the relevant line ministries and agencies( Forestry Development Authority, Ministries of Agriculture, Internal Affairs) … In addition, the Environmental Policy of 2003 under the caption: Bio-prospecting and intellectual property counts 1,2,& 5 required compensation for the use of traditional knowledge either at individual or communities level. Count 5, mandates patenting licenses and rightful compensation paid for the use of intellectual property/knowledge….
While the Environmental Protection and Management Law Section 11 (1 a-d), require public hearing on such matter. Section 18 both public hearing and consultation is required to obtain prior informed consent. Specifically, section 37 of the Environmental Protection Act on ESIA process, Environmental Protection and Management Law sections 17 & 18 public hearing and consultation, Revised EIA Regulations of 2017, The Reformed Forestry Law of 2006, The New Mining Law of 2002 and the 2009 Community Rights Law, all emphasized a rigid PIC process.
Yes
Section 86 of the Environmental Protection and Management Law of Liberia is the key legal provision for access to genetic resources by citizens and foreigners. It says “The Agency shall, in consultation with the relevant Line Ministry, initiate legislative proposals, issue guidelines and prescribe measures for the sustainable management and utilization of genetic resources of Liberia for the benefit of the people of Liberia for access to genetic resources which shall include measures:
a) for appropriate arrangements for access to genetic resources by non-citizens or non-residents of Liberia and fees to be charged for that access;
b) to ensure that prior informed consent of communities is obtained and is an essential component for any arrangement in bio-prospecting;
c) to ensure effective equitable sharing of benefits, sustainable business mechanisms for the transfer of biotechnology;
d) protect indigenous property rights of District communities;
e) prohibit or restrict any trade or traffic in any component of biological diversity;
f) to provide for fees payable in respect of accessing the resources and the export therefore;
g) to provide guidelines for reviewing of genetic materials and patenting requirements for indigenous species..”
Yes
Yes. The Environmental Protection Agency Act section 37 on the EIA process, the Environmental Protection and Management Law of Liberia Sections 6-33, the 2006 and 2017 revised EIA Regulations of the EPA, The Reformed Forestry Law of 2006, the New Mining Law of 2002 and the 2009 community Rights Law, all emphasized rigid regime for the PIC processes.
No
Yes
0
Yes
Yes
Yes
Capacity building opportunity to number of staff of the Biodiversity section to participate in regional training workshops to enable them set and run the ABS unit of the section.
Yes
Yes
No additional information provided
Yes
Yes, to some extent: The forestry and mining sectors have some level of benefit sharing regime in place as per the 2000 New Mining Law, 2006 Reformed Forestry Law and 2009 Community Rights with respect to Forest Lands, mining concessions. Local communities can enter into agreement with concessionaires and have entitlement to benefits arising from the operation of minerals such as gold, iron and logging concessions…
Yes
Yes, As indicated Q # 20, the Environmental Protection and Management Law section 86 gives rights to local communities and people to access and utilize genetic resources at all times.
The Reformed forestry of 2006 says forest resources are held in trust by the state for the benefit of the state and people particularly those who live closure to those resources. This is further articulated in the 2009 Community Rights Law.
The foundation of all of these come from the 1986 Constitutions of Liberia which mandates the state must manage the natural resources of the country in ways to benefit the people.
Section 86 of the Environmental Protection and Management Law of Liberia is the key legal provision for access to genetic resources by citizens and foreigners. It says “The Agency shall, in consultation with the relevant Line Ministry, initiate legislative proposals, issue guidelines and prescribe measures for the sustainable management and utilization of genetic resources of Liberia for the benefit of the people of Liberia for access to genetic resources which shall include measures:
h) for appropriate arrangements for access to genetic resources by non-citizens or non-residents of Liberia and fees to be charged for that access;
i) to ensure that prior informed consent of communities is obtained and is an essential component for any arrangement in bio-prospecting;
j) to ensure effective equitable sharing of benefits, sustainable business mechanisms for the transfer of biotechnology;
k) protect indigenous property rights of District communities;
l) prohibit or restrict any trade or traffic in any component of biological diversity;
m) to provide for fees payable in respect of accessing the resources and the export therefore;
n) to provide guidelines for reviewing of genetic materials and patenting requirements for indigenous species..”
Yes
Yes, to some extent: The forestry sector is the model for benefit sharing arrangement in Liberia and follow by the mining sector. Under the community Rights Laws and its regulations, local communities can enter into agreement with commercial firm to undertake logging operation with substantial financial benefits to the local communities.
The environmental framework legislations of 2003 particularly the Environmental Policy indicates that natural resources of the land are held in trust by the state for the benefit of all including those living closer to those resources( local communities)…..
Specifically, Chapter 10, Section 10.1 of the Reformed Forestry Law of 2006, states that local communities are required to be fully engaged in forest resources use including genetic resources associated with traditional knowledge….
No additional information provided
Please provide a summary of the main difficulties and challenges for putting measures in place: : Liberia’s environmental legislations clearly identified that Access and Benefit Sharing arising from the utilization of genetic resources Protocol is critical to biodviersity managment . The Environmental Policy and Environmental Protection and Masnagment Law direct the various steps needed to be taken. Example, the Environmental Policy mandates the Policy Council which is the highest policy decision--making body of the Agency to develop an ABS legislation to address issues associated with genetic resources.
Liberia now have a draft ABS law; the passage of the draft law to be used as the legal instrument to meet the country’s obligations under the ABS Protocol is the first challenge to be overcome. Besides, almost all the sectoral laws/legislations including those of forestry, mining and the Ministry of Internal Affairs has components addressing issues of genetic resources associated with traditional knowledge
Yes
Yes
The use of the PIC and MAT is an established protocol in current resource management sectoral laws, policies, regulations and guidelines in the forestry, mining, agriculture and the environmental instruments in Liberia.
The fundamental basis for the implementation of the environmental framework legislations in resources management is the EIA process as stated in Section 37 of the Agency Act and elaborated in Sections 11,17 and 18 of the Environmental Protection and Management Law.. Regarding genetic resources and traditional knowledge associated with genetic resources, Section 86 of the same law is applied.
No
Liberia as party acting through its various line ministries and agencies such as the Forestry Development Authority, Ministry of Agriculture, Internal Affairs and the Environmental Protection Agency have cooperated with neighbouring countries to fight environmental crimes of several nature including those relating to CITES. The most pronounced of this cooperation have to do with illegal trade in wildlife and genetic resources mainly in the regions.
On the regional level, ECOWAS already has in place policy on cultural and traditional rights. On issues related to ABS, there already existed cooperation related to genetic resources and traditional knowledge associated with genetic resources in the Mano River region bringing Cote d’Ivoire, Guinea and Sierra Leone into trading and policy blocks.
Yes
No
No
Yes
Yes, under environmental legislations especially section 86 of the Environmental Protection and Management Law, the 2006 ESIA revised2017, the Community right Law of 2009 and its Regulations required mutually Agreed Term as basis for decision making involving local communities and any entity or individual seeking to access genetic materials in local community. It further mandates the following measures must be applied:
• to ensure that prior informed consent of communities is obtained and is an essential component for any arrangement in bio-prospecting;
• to ensure effective equitable sharing of benefits, sustainable business mechanisms for the transfer of biotechnology;
• protect indigenous property rights of local communities;
• to provide for fees payable in respect of accessing the resources and the export therefore;
• to provide guidelines for reviewing of genetic materials and patenting requirements for indigenous species;
On the other hand, agencies responsible to issue certificates of export require organizations or individuals requesting for such certificates to present proof of MAT and PIC. The Forestry Policy of 2005, & Reformed Forestry Law of 2006, The CITES Regulations the forestry Development Authority The Environmental Policy of Liberia, The Environmental Protection and Management Law section 86 in particular required such action requirements. If selected, has your country taken measures to address situations of non-compliance?
No
No
Not selected
No
No
No additional information provided
First, the requisite policy and legal framework are not in place; the passage into law of the draft Abs law will prepare the ground for effectuating those measures. Second, the technical capacity does not exist at present to initiate the actions needed.. Liberia will need considerable technical assistance to meet some of the requirements for national implementation including the drafting of policy instruments, technical tools and the training of personnel to use those instruments.
Not applicable, since no access requirements are in place
No selection made
Yes
Yes, dispute arising from MAT can be settled through our legal system as provided for under the environmental framework legislations. Part V entitles- “Enforcement and Control’” Section 32 of the Environmental Protection Agency Act under the Right and Responsibility to a Clean and Healthy environment count 2 says,’ without prejudice to the generality of subsection(1) and in addition to the appeal provision of section 36(4) of this Act, any person may bring an action under this Act.’
SECTION 34: “Establishment of the Environmental Administrative Court”
It says, a special adjudicatory Environmental Administrative Court to be referred to in this Act as “the Court before which complaints relating to the environment may initiate and appeals on the Agency’s decision heard. The Court shall have power to subpoena and summon any person to give evidence in any proceedings before the Court to produce to the Court any document relevant to the proceedings before it ; and the Court can confirm, vary, amend or alter a decision made by the Agency or an environmental inspector or reverse or substitute such decision for any decision which is just and equitable and which is in the interest of the protection and management of the environment or the conservation and sustainable utilization of natural resources…..
SECTION 36 Says a person who is aggrieved by decisions made by the Agency or by regulations made under this Act may appeal to the Court for redress.
SECTION 33-ENVIRONMENTAL COURT OF APPEALS
Section 33 of the law (Agency Act) mandates that a “specialized intermediate court to be known as the ‘Environmental Court of Appeals;” It shall has jurisdiction of all appeals from the Environmental Administrative Court. Count 2 says an appeal from the judgment and decisions of the appellate Court can be made to the Supreme Court.
Yes
There are three levels for resolving dispute legally under our system: first, the Environmental Administrative Court where decisions of the Agency can be appealed at first instant; second, the Environmental Court of Appeal where decisions of the Administrative Court can be appealed and finally, the Supreme Court, the highest court of the land where decision of the Environmental Court of Appeal decisions can be appealed for final settlement.
No
No additional information provided
There exists sufficient system of justice to settle dispute involving parties to MAT and others under our system. Example, there exist the specialized Environmental legal process and the conventional judicial system.
Yes
Yes, to some extent. The Forestry Development Authority (FDA) has a Research Department responsible to coordinate forestry research in the country; similarly, the Ministry of Agriculture (MoA) has a field research institute, the Central Agriculture Research Institute (CARI), where research is conducted on agricultural plants for food security purpose.. The College of Agriculture and Forestry, University of Liberia conducts also research on indigenous tree and plants species for wood and agricultural sector focusing on food crop, aquaculture…….
No
No
Yes
The Central Agriculture Research Institute was set up in the 60s to do just that leading to the development of appropriate technology for agriculture revolution to support food security particularly those related to rice which is the staple, tuber etc,.,. The research also focuses on crossing of plant gene so as to develop superior varieties of planting materials. However, the process is far away from being call a genetic resources centre.
No additional information provided
The research centre (Central Agriculture Research Institute) referred to above and the College of Agriculture and Forestry, University of Liberia prior to the civil war(-1989-2003), have capacity to carry out research activities. Both institutions could boast of up to 100 or more research scientists. In the case of Central Agriculture Research Institute, it had big budget in the neighbourhood of US$24.5 million dollars to support its programmes…. Its current budget stands at US$2 million dollars with less than five resident scientists. The same is true of the College of Agriculture and Forestry.
Yes
Liberia does not have indigenous people rather local communities which in our environment and resource rights laws refer to as ‘forest dependent people’. These people’s activities are regulated by the Ministry of Internal Affairs and mostly governed by non-statute law known as “Interior Regulation.” Despite being involved in natural resources and environmental management for centuries, their customary/traditional codes are not included in resource management laws. Only in recent past current generation of environmental and resource rights laws recognized these codes and practices and are being included as parts of the body of law for that purpose.
Yes
The Executive law on the administration of the Interior which is administered by the Ministry of Internal Affairs provides such entitlement to local community people, The Ministry of Internal Affairs is responsible for administration of the interior regarding traditional knowledge associated with genetic resources. These legal instruments have been in use for more than a century,,, Besides, the environmental framework legislations of 2003 especially the Environmental Protection and Management Law section 86 gives rights to local communities and people to access and utilize genetic resources at all times.
Yes
Yes
As indicated in Q # 20, the Environmental Protection and Management Law section 86 gives rights to local communities and people to access and utilize genetic resources at all times.
Yes
Section 86 of the Environmental Protection and Management guarantees local communities rights over their genetic resources. Second, there plenty of sectoral laws and policies including the Environmental Policy and Agency Act, the Reformed Forest Law of 2006, the New Mining Law and the Interior Regulations that ensure such rights are protected.
Other provisions of the various laws which guarantee PIC & MAT the Environment Protection Agency Act section 37 on ESIA, sections 17 & 18 of the Management which call among other thing public hearing with the representation of interested parties, the 2006 and 2017 revised ESIA regulations etc. these laws along with the community Rights Law of 2009 make it mandatory for PIC and MAT to acquire any traditional knowledge associated with genetic resources.
Yes
The key sector law that protects local communities rights to genetic resources associated with traditional knowledge is the Environmental Protection and Management Law section 86. It says “access to genetic resources which shall include measures:
a) for appropriate arrangements for access to genetic resources by non-citizens or non-residents of Liberia and fees to be charged for that access;
b) to ensure that prior informed consent of communities is obtained and is an essential component for any arrangement in bio-prospecting;
c) to ensure effective equitable sharing of benefits, sustainable business mechanisms for the transfer of biotechnology;
d) protect indigenous property rights of District communities;
e) prohibit or restrict any trade or traffic in any component of biological diversity;
f) to provide for fees payable in respect of accessing the resources and the export therefore;
g) to provide guidelines for reviewing of genetic materials and patenting requirements for indigenous species..
Also, the Interior Regulations governing local community people administered by the Ministry of Internal Affairs,
Yes
There are provisions of sectoral laws including the environmental framework Legislation (policy, Agency Act & Management Law), the New Mining Law, community Rights Law, The Reformed Forestry Law of 2006, the CITES Regulations, the Agriculture Quarantine Regulations as well as the Interior Regulation, all have specific requirements to be satisfied by those who want to access traditional knowledge associated with genetic resources.
No selection made
Yes
The Environmental Protection and Management Law section 86 and Environmental Policy recognised community protocols when it comes on resource right. Section 10.1 of the Reformed forestry Law of 2006 give such right to local communities. Additionally, the Community Rights Law of 2009 also gives recognition to such protocol …..
Yes
No selection made
Yes
Section 86 of the Environmental Protection and Management Law besides seeking the prior informed consent of communities for traditional knowledge associated with genetic resources and equitable sharing of benefits with local community people, gives locals the rights to use such resource among them.
The Interior Regulations administer by the Ministry of Internal Affairs, supports and promote unrestricted access to the use of genetic resources associated with traditional knowledge. There exist National body called ‘National Traditional Council’ providing leadership for customary practices among traditional healers and leaders,,,,
No selection made
No additional information provided.
Yes
Liberia has plenty of sector laws and policies on resource use and the roles and responsibilities of users and providers especially those associated with genetic resources. The greater challenge is on the implementation of those laws provisions. Most of the application of the requirements of our natural resources laws have all worked in favour of users and limit those of providers. One critical handicap is poor representation of local communities.
While users enjoy representation by practitioners, local communities are left to be represented by themselves with no capacity and experience in such situation.
No answer provided
Liberia is still at the organizational stage of the implementation of the Nagoya Protocol. There is limited capacity and resource to under take what it takes to get the implementation of the protocol in full gear.
No additional information provided.
Yes
There is extensive collaboration between and among countries within the Mano River Basin (Liberia, Sierra Leone, Guinea, and Cote d’Ivoire) on such matter. Example, the East Nimba Massif is a huge protected area founding the borders of Liberia, Guinea and Cote d’Ivoire. There exist secretariats promoting the management collaboration of that massif which meet biannually….. There is another such cooperation involving Liberia and Cote d’Ivoire on the Tai National Park in Cote d’Ivoire and the Grabo National Forest in Liberia… the Gola National Park is another example between Liberia and Sierra Leone. The same is true with Guinea and Liberia especially the Wologizi Protected areas…..Due to the increased harvest and exportation of the Garcinai afzelii (Chewing stick) from Liberia to Ghana via Cote d’Iovire, there is on-going discussion between cote d’Ivoire and Liberia on how to tackle the situation.
Also, there continue to be interactions between and among local people split between the Liberian side and the others sharing the same traditional knowledge associated with genetic resources across the borders. That is true of the Lorma, Kissi and Mandingos in Liberia and Guinea. The Vai, Mende, Kissi and Gola in Liberia and Sierra Leone, the Grabo, Krahn and Dahn in Liberia and Cote d’Ivoire….
Not applicable, since there are no indigenous and local communities in my country
Yes
Yes,communities surounding protected areas bordering Guinea-Liberia, Sierra Leone and Cote d’Ivoire. As same in question #48
No additional information provided
No
Yes
The FDA has developed 10 codes of conduct and best practices for the forest sector. The codes were developed to guide the conduct of logging practices in the wake of unsustainable practices in the industry. The Ministry of Agriculture developed under its quarantine programme guidelines for handling genetic materials including the management processes of newly developed genetic planting materials in the oil palm, coacoa, coffee, rubber industries. The central Agriculture Research Institute has also developed technical guidelines of such for its genetic researtch programmes for rice, tuber and other planting materials.
The Environmental Policy and Environmental Protection and Management Law mandate the development of regulations and guidelines for ESIA, access to genentic resources assocatied with traditional knowledge,,,,,,
No additional information provided
Yes
Yes
The Biodiversity Section of the Department of Multilateral Environmental Agreements has in place important documents to the effect to provide information, education and public awareness on biodiversity in general and issues specifically related to the ABS and Biosafety. In other words, there exist communication strategies for the CBD, ABS and Biosafety protocols. These strategies are used to some extent not as may be required due to funding difficulty. Due to this, targeted information dissemination, education and awareness activities targeting members of the National Legislature, specific ministries such as the Foreign Ministry, members of the Law Reformed Commission, Office of the President of the Republic. Awareness clubs have also been established in secondary schools, colleges and universities across the country to propagate such purpose. These efforts are jointly undertaken along with the Agency’s Department for Intersectoral Coordination responsible to provide information, education and awareness on environmental issues to stakeholders
Yes
Yes
The Biodiversity Section of the MEAs Department as parts of nationwide awareness initiative leading to Liberia becoming party to the Protocol, undertook information dissemination, education and awareness project targeting specific stakeholders including members of the National Legislature (Houses of Senate and representatives),traditional healers, tribal leaders and or holder of traditional knowledge and customs, civil society, select members of the cabinet, the Law reformed Commission, Actors within the President Office and the Press Union of Liberia involving both electronic and print media. The project was funded by UNEP. This project has its own limitation-short term focusing on stakeholders that have a crucial role to play in Liberia accession to the protocol.
Additionally, internal capacity building is on-going; example, there is bimonthly public awareness, education and information forum organized jointly by the Departments of Planning, Intersectoral and MEAs. Participants are drawn from the various departments of the Agency and benefit from in-service training on various aspects of the environment including...... the ABS Protocol. A communication and public awareness’ strategy developed for the ABS Protocol is one of the several resource materials used for this purpose.
Yes
The Public awareness, education and information dissemination Project on the ABS Protocol was funded by UNEP as initiative to support the ratification of the Protocol in the continent. The greatest achievement of that project was Liberia accession to the Protocol in August, 2015. Another key outcome of the project is the development of a communication strategy to support nationwide awareness, education and information dissemination on the protocol.
No
No additional information provided
Yes
The FDA in particular is cooperating with Wild Chimpanzee Foundation (WCF) and Fauna & Flora International (FFI) in biological assessment/studies. Conservation International (CI), is executing an integrated mangrove management project using the Biodiversity allocation under GEF 5.The Environmental Protection Agency of Liberia is nearly completing The Economics of Ecosystem and Biodiversity (TEEB) project focusing on the mangrove ecosystem in collaboration with UNEP as part of the global pilot for the ecosystem approach to resource managment. As a result of these projects, a new frontier is opening for ecosystem base approach to bioidversity management in Liberia. The TEEB Liberia project is among the five pilot projects in the world where UNEP is testing the TEEB approach. Liberia and Tanzania are the two countries selected in Africa, while Philipines, Bhutan and Ecuador are the others in Asia and South America respectively.
No additional information provided
The biggest challenge stakeholders have was limited information about the importance of the Protocol to national development especially those related to environmental and natural resource management. Policy makers were reluctant to act simplty because they did not know the associated benefits of the Protocol.
No
Yes
Yes
US $40,000 was received through NEP in support of National Effort leading to Liberia accession to the protocol. The among was used to conduct sustained information dissemination, education and awareness on the need of the protoco. Thank the GEF for providing such support.
Liberia has not provided financial resources to any party for the purpose of implementing the protocol. Rather Liberia has received financial resources to carry out its obligation under the protocol…. Example, US$40,000 to conduct public awareness activity leading to the accession process to the Protocol. This amount, helped us to reach out to all the stakeholders especially policy-makers resulting to the country accession to the protocol and the development of communication strategy for the ABS Protocol.
Yes
Yes
Under the Revised NBSAP of 2017, Liberia has developed its resource mobilization strategy and financial mechanism clearly establishing the sources from which financial resources can be generated for biodiversity management in Liberia. The financial mechanism has also outlined where funding can be generated to support biodiversity management in the counntry. The financial mechanism speak about incentive measures such as tax breaks, biodiversity offset programmes….. While the resource mobilization strategy indicates the principal source of funding for biodiversity management in Liberia to be the National Budget, complemented by bilateral/multilateral and donor nations…….. private donations, private sector among others,,,,,,,
Despite the development of the strategy and mechanism, the process is not yet made operational.
No information provided
Yes
Less than 5
Personnel within the Biodiversity unit along with the Focal Point of CBD and staff of the MEAs including the Coordinator and technical Officer. These people assist the ABS National Focal Point to carry out activities with support coming from other departments of the Agency including the Intersectoral Department which is responsible for awareness and environment education.
No information provided
No information provided
