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This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.
To view the current National Focal Point information, click
here.
No
1. The country has an ABS Focal Point as well as an ABS policy.
2. Currently, there is no administrative mechanism that links the Focal Point and the government departments that generate information and emit licenses with potential ABS implications.
3. The country does not have resources to effectively implement its ABS policy; implementation will require strengthening institutional capacity for coordination of ABS related activities.
4. It is also necessary to strengthen administrative capacity in order to activate the Inter-Ministry Working Group for Genetic Resource Management, as called for in the country’s current ABS regulation.
Yes
1. Current policy for ABS was approved in 2007, through Regulation 19/2007 of 9 August (published in the National Gazette, No. 32, Series I)
2. The Nagoya Protocol was ratified in 2014. Mozambique’s existing ABS policy must now be revised to align with the intentions of the Nagoya Protocol.
3. Mozambique is also a signatory to the International Treaty on Genetic Resources for Food and Agriculture
4. A National Authority for ABS has been defined but must be activated.
5. An Inter-Ministry Working Group for Genetic Resource Management exists to advise the National Authority on ABS issues; it is necessary to review the composition of this group and formalize the roles of its participants.
6. The country has a Policy on Traditional Medicine and a strategy for its implementation, which were approved through Resolution 11/2004, 14 April (published in the National Gazette, No. 15, Series I)
7. Currently, a new Law for the Practice of Traditional and Alternative Medicine is being finalized and awaiting approval.
8. Mozambique has implemented regulations supporting CITES.
9. Mozambique has an Industrial Intellectual Property Code, approved through Decree No. 47/2015 of 31 December.
10. Mozambique is signatory to the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore.
Yes
The Focal Point was recently appointed. As such, it is necessary to:
1. Strengthen technical, administrative, legislative and financial capacities related to ABS;
2. Create an internal specialist team and link with other institutions;
3. Increase awareness of ABS legislation;
4. Increase awareness of best practices related to ABS implementation.
Yes
A Competent National Authority has been designated within the Environmental sector. Principle challenges include:
1. Updating the composition of the Inter-Ministry Working Group;
2. Activating the composition of said Working Group and defining its terms of reference;
3. Creating and formalizing technical-scientific commissions;
4. Accrediting other institutions that emit licenses for the access and use of genetic resources.
No selection made
No selection made
1. No contracts, models, manuals or guidelines for ABS regulations have yet been developed;
2. Existing research permits lack clauses related to ABS.
Not applicable, since no access requirements are in place
No selection made
1. No contracts, models, manuals or guidelines for ABS regulations have yet been developed;
2. The relevant Authorities lack models for internationally recognized certificates of compliance.
No
1. The revision of the current ABS Regulation will forecast the designation of checkpoints and responsible institutions;
2. The revised regulation should be harmonized with existing related policies.
No additional information provided
Funding and technical expertise are required to:
1. Prepare procedural manuals, guides and complementary material to support policy implementation;
2. Promote and raise awareness on ABS, including policy;
3. Identify pilot projects that can be case studies to support the evaluation of the policy efficacy and implementation of the Protocol;
4. Incorporate ABS-related concepts in teaching materials;
5. Valorise intellectual property and associated traditional knowledge, including through patents
6. Revise the ABS policy to oblige the submission of information to relevant authorities.
No
1. Requirements, documents and procedures should be defined in order to substantiate Prior Informed Consent as defined by the Nagoya Protocol.
2. Terms and causal condition for MoUs and permits should be defined and clarified for ABS.
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
Mozambique does not yet have projects with defined ABS implications that can generate benefits.
No additional information provided
Revision of the existing ABS regulation is urgently required. The proposed revision process will incorporate key aspects related to negotiation with resources holders and prior informed consent, as well as the accreditation of other institutions that emit access permits related to genetic resources.
Yes
1. Article 5.4 references monetary and non-monetary benefits that are not addressed in Art. 21 of the current ABS Regulation.
2. The current regulation does not adequately define how taxes and benefits derived from the utilization of natural resources and traditional knowledge should be shared.
3. Administrative and policy measures have not yet been taken.
No
1. Appropriate contracts are not yet required.
2. Control mechanisms for benefit sharing do not yet exist.
No
1. Traditional knowledge has not been inventoried.
2. Currently, traditional knowledge cannot be legally patented, as appropriate legislation has not yet been approved.
No additional information provided
Guidelines and administrative structures are not fully functional to support ABS implementation. Key steps include:
1. Establishment of standards to support the quantification of benefits, particularly monetary benefits;
2. Alignment of legal instruments that also include monetary benefits to communities (i.e. Forest and Wildlife Law, Conservation Law, Tourism Law, Fishing Law, etc.)
No
No selection made
No selection made
Enactment of domestic ABS legislation must be supported with the development of guidelines, activation of the NCA and institutional alignment.
No
No selection made
No selection made
Enactment of domestic ABS legislation must be supported with the development of guidelines, activation of the NCA and institutional alignment.
No
No selection made
No
Not selected
No
No
No additional information provided
Key challenges include supporting policymakers in:
1. Revision of current legislation to include relevant considerations for the holistic implementation of the Nagoya Protocol;
2. Development of tools and guidelines for implementation of the Protocol;
3. Identification and formalization of checkpoints;
4. Harmonization of institutional roles as related to ABS;
5. Alignment of ABS regulation with complementary legislation (Law for the Practice of Traditional and Alternative Medicine, CITES Regulations, etc);
6. Implementation of the updated ABS regulation by regulators at all levels of government.
Not applicable, since no access requirements are in place
No selection made
Yes
Depending on the parties and type of dispute, parties of a MAT have access to decision makers within the hierarchy of the relevant authority or the Administrative Court
Yes
For disputes within national territory and that are foreseen in MoUs
No
No additional information provided
Comprehensive guidelines and tools for dispute resolution must be developed.
Yes
Independent initiatives exist but must be aligned within the ABS framework and vision. Simplified measures must be developed to promote use and access of genetic resources while respecting ABS implications.
No
Such cases have not yet been applicable, and are not currently considered in the existing legislation. The regulatory review process will take such cases into account
No
Such cases have not yet been applicable, and are not currently considered in the existing legislation. The regulatory view process will take such cases into account.
No
The legislative review process should consider these aspects and improve alignment with existing food and agriculture policies.
No additional information provided
Special considerations will be integrated into the regulatory revision process, and strategies defined for “extreme” and “regular” cases.
Yes
No
No selection made
No selection made
Despite some level of protection from instruments such as the Policy on Traditional Medicine, Industrial Property Code and International Treaty on Genetic Resources, IPLCs do not have power to grant access to genetic resources but their approval is a required step. Article 12.1 of the current Regulation 19/2007 states that “authorization for access and export will be given after the consent of the local community, and confirmation by the local authority.” IPLCs do have traditional right to grant access to the area of their jurisdiction.
No
Tools and procedures must be developed and implemented to confirm that PIC and MAT are considered throughout the value chain.
Yes
Customary practices are generally respected but are not regulated.
No
Formal mechanisms related to the usage of traditional knowledge are not yet in place.
No selection made
Yes
Community protocols for the collection of genetic resources and associated traditional knowledge do exist and are respected.
Existing community-level natural resource management groups can offer a local governance structure to address ABS related issues, but should be officially integrated into the revised regulation and empowered to understand the additional role
No selection made
No selection made
Yes
Communities are free to exchange genetic resources and associated traditional knowledge with other communities.
No selection made
No additional information provided.
The following elements should be considered in the revision of the current ABS regulation:
1. Define the concept of traditional knowledge as related to genetic resources;
2. Parameters of “traditional knowledge” should be well defined;
3. Review and define mechanisms to inform potential users of traditional knowledge of ABS implications;
4. Review the new Law for the Practice of Traditional and Alternative Medicine to confirm that the two instruments will not conflict.
Yes
Regulation 19/2007 on Access and Benefit Sharing Resulting from Genetic Resources and Associated Traditional Knowledge
No answer provided
Through research related to genetic resources conducted via partnerships with communities living in conservation areas, public awareness, incorporation in educational curricula, transfer and sharing of information through partner projects, new levels of inter-institutional coordination on biodiversity.
No additional information provided.
Regulation 19/2007 on ABS is under review to accommodate challenges within the Mozambican context and alignment with the Nagoya Protocol.
Yes
Current trans-border initiatives include the management of fishery resources in Lake Niassa, Rovuma River and Zambeze River.
Current initiatives lack legal documents related to ABS that could facilitate transparent access and benefit sharing of genetic resources
Not applicable, since there are no indigenous and local communities in my country
Yes
Members of the association of traditional medicine practitioners and practitioners from other countries engage in informal exchanges and knowledge, genetic material and experiences. ABS related considerations should be included in the Law for the Practice of Traditional and Alternative Medicine, which is currently awaiting approval.
No additional information provided
Various initiatives exist but it is necessary to collect data and verify aspects that may have ABS implications.
No
Model contractual clauses will be developed during the regulatory revision process.
Yes
Guidelines, best practices and codes of conduct will be included in the Regulation under review. Currently, a code of conduct does exist for the collection and cultivation of medicinal plants.
No additional information provided
Public and private research institutions, including private laboratories, should be aware of questions that can be subject to ABS in order to assure that their clients respect local ABS regulations.
Yes
No
Measures to date have included ad hoc initiatives on conservation, sustainable use of genetic resources and the training of genetic resource users. A strategy and action plan for raising awareness on ABS will be key to improving its adoption.
Yes
No
Yes
Yes – delegates have participated in international trainings on ABS resulting from genetic resources. Resource limitations have precluded effective dissemination to all levels.
No
No additional information provided
Additional support is required to develop institutional capacity on ABS and support the human resources required for the implementation of the Nagoya Protocol.
Yes
Various collaborative programs between national and foreign research institutes are on-going. However, it is necessary to evaluate how ABS aspects are reflected in their respective MoUs.
No additional information provided
Key challenges:
- Requirement for improved institutional capacity and strengthened human resources
- Development of a strategy and action plan for the revision of Regulation 19/2007 and implementation of the Protocol
No
No
No experience: appropriate resources have not been mobilized to support implementation.
No experience: appropriate resources have not been mobilized to support implementation.
No
At present, the designated Focal Point is responsible for other areas in addition to ABS.
An ad hoc technical group supports the Focal Point on issues related to ABS.
A concept note outlining the required revision process for the current Regulation has been developed. Financial assistance is sought to support costs of this process.
An action plan must be developed for implementation of the Nagoya Protocol.
The format of the report is designed to capture information on implementation of the protocol. However, some questions seem generic and ambiguous. We suggest that questions should be written more clearly in future.
