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No
Yes
National ABS Act/Law is NOT yet approved.
The Act on ABS was drafted by Ministry of Climate Change (MoCC) and circulated to provinces and other concerned partners for comments and views. Comments are being reviewed.
Subject of environment was devolved through 18th constitutional amendment passed on 18 April 2010. The same demands a wider consensus before approval/adoption of ABS Act.
Establishing a structure (and its operations) for implementation of Nagoya Protocol needs legislative support. In this connection, draft Act is already prepared and communication with all stakeholders has been made for getting a wider consensus.
Considering the fact that Biological /Genetic Resources and ownership of Traditional Knowledge (Traditional Knowledge) falls in the domain of Provinces and federating units, it is very significant to take the provincial governments on board and assign relevant roles to officers from provinces/federal government
No selection made
No selection made
Not applicable, since no access requirements are in place
No selection made
No
The legislation/Act is in draft form. After approval of the law further institutional arrangements will be made.
No additional information provided
No
The draft legislation has embedded provisions of PIC.
It will be further elaborated in the ABS rules, once the Act is approved.
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
No additional information provided
Response to Q 12:
The draft Act allows to make rules in compliance with the Nagoya Protocol.
Existence of fair and non-arbitrary rules and procedures on accessing genetic resources as per Nagoya Protocol is dependent on establishment of institution and legislative support. Significance of PIC and MAT is well recognized and is reflected in the proposed legislation (Access Act). After the approval of draft Act, necessary institutional and legal arrangements will be made
Response to Q: 13
Draft ABS Act has relevant provisions. Once the Act is approved, the provisions of the Nagoya protocol will be implemented.
The conditions and procedures in accordance with which applicant may approach communities to secure PIC for access to Traditional Knowledge shall be specified by rules and regulations under this Act.
Response to Q: 14:
At present, there is no mechanism of implementation of Nagoya Protocol. After the legislative support and establishment of institution, the procedures will be adopted to ensure the fulfilment of the obligations under this Protocol.
Response to Q: 15:
Since legislation is not in place so institutional arrangements do not exist. However the draft Act has provision to address the article 6 of the Protocol.
Response to Q: 16:
The draft legislation has embedded provisions on this issue
Rules and procedures will be made with clarity to substantiate and support the implementation of each aspect envisaged in the draft legislation
Response to Q: 17
For effective implementation of the Nagoya Protocol, it is significant that the communities should be mobilised, organized and their capacity building should be enhanced to comprehend the basic theme of Nagoya protocol. The basic training modules for communities shall be developed after promulgation of this Act. The capacity building and training modules for communities will be developed by relevant stakeholders having sufficient expertise. Such objectives will be achieved through a development project as indicated earlier.
No
The draft Act elaborates the benefit sharing mechanism.
At provincial level, ABS authority comprising of community representatives, academia, and other provincial stakeholders, will be established. Federal ABS body should be responsible for effective coordination
No
The draft Act is not yet approved. However, the draft legislation has embedded provisions on this issue .
No
The draft legislation has provisions to ensure benefit arising from utilization of Traditional Knowledge associated with Genetic Resources with local communities.
No additional information provided
response to question 18 (No):
The draft Act is not yet approved. However, the draft legislation has embedded provisions on this issue .
Response to Q: 19 (No)
The draft legislation has provisions to ensure benefit arising from utilization of Traditional Knowledge associated with Genetic Resources with local communities.
No
No selection made
No selection made
Draft ABS law acknowledges the need of Internationally accepted Certificate of Compliance.
Draft legislation is under consideration and has inbuilt provision as stated in article 15 of the protocol.
Has your country cooperated with other Parties in cases of alleged violation of ABS measures as provided in Article 15.3?
Response: No
As legislation is in draft stage at present, the response to the questions about the implementation of Nagoya Protocol and its provisions cannot be provided.
The draft Act caters for this issue and shall have proper legal elements in place to address the issues.
No
No selection made
No selection made
Draft legislation caters the needs related with the Access to Genetic Resources & Traditional Knowledge using PIC & MAT, originating from Pakistan and similar rights of other parties will be recognized when Genetic Resources & Traditional Knowledge are brought to Pakistan
No
No selection made
The draft Act needs approval of the Government. However, the draft Act has provisions for such tools to implement the related provisions of Certificate of Compliance as per Nagoya Protocol.
No
Not selected
No mechanism is in place at the moment. The draft Act allows effective implementation of provisions of the Nagoya Protocol
No
No mechanism is in place at the moment. It will be clearly addressed in the draft Act in its schedules as appropriate
No
No mechanism is in place at the moment. While framing the rules under ABS law, such provision of cost effective means will be included.
No additional information provided
Not applicable, since no access requirements are in place
No selection made
The draft Act has provision to comply with Article 18 of Nagoya Protocol.
No
The draft Act has provision to comply with Article 18 of Nagoya Protocol.
No
1. During further negotiations on the legislation, it will be ensured that the Act contains provisions to effectively address article 18.3 of the Nagoya Protocol.
No
We will ensure that the draft act contains provisions to address article 18.3.
No additional information provided
Yes
Ministry of Food Security and Research, provincial line departments, PFI and Universities are doing research on medicinal plants in different parts of the country.
A project titled “Promotion of medicinal herbs in collaboration with private sector at Federal Seed Certification & Registration Department (FSCRD), and Plant Genetic Resources Institute (PGRI) at Pakistan Agriculture Research Council (PARC) have already executed. It aimed at promotion protection development and documentation of indigenous medicinal herbs”
Yes
The National Biosafety committee at Ministry of Climate Change (MoCC), PGRI (National Agriculture Research Center) for ITPGRFA, FSCRD for registration of plant varieties (Plant Breeder,s Rights Act, 2016), and Strategic Export Division of the Ministry of Foreign Affairs for export control on goods, technologies, material and equipment related to nuclear and biological weapons and their delivery system Act, 2004, should be strongly linked together to avert any threat to human plant or animal health and life arising from introduction of genetic resources. All above respective organizations, legislators have safety clauses to address threat or damage to plant, animal and human life.
Research and Development institutions will provide further support for negotiation for sharing microorganisms and other taxa which could be relevant in context of the Article 8 of Nagoya Protocol.
Yes
No
ITPGRFA and ABS both are handled by the Federal Government. While implementing the Nagoya Protocol, ITPGRA focal points and ABS Focal Points will establish stronger linkages for exchange of information.
No additional information provided
Research and capacity building need regarding conservation and sustainable use of biological resources is very much acknowledged since past two decades.
Efforts to enhance the capacity of local and custodian communities were made through development projects. One significant example is UNDP-GEF funded the Mountain Areas Conservation Project (MACP) that intended to empower the local stakeholder communities to use the natural resources in a sustainable manner without compromising the integrity of the natural environment.
The project (MACP) was considered as a success with highest levels of satisfaction.
Similarly Sustainable Land Management project (SLMP) was executed with significant component to enhance the capacity of the communities towards sustainable natural resource management. The project invariably achieved its objectives. Now the project is replicated using funding by the domestic resources.
Pakistan Bioresource research Center focuses on finding some treatment of cancer by exploiting the properties and contents from plant origin. BRC has till now explored 87 wild plants and has completed their in-vitro and in-vivo trials. First successful cancer treatment of plant origin is under review of Patent Agency for registration. BRC is exploring effective techniques for sustainable harvesting of the benefits of bioresources for communities. Several workable techniques have been developed and shared with different remote areas communities, and this is an ongoing process. Wright state university the USA, University of Guelph, Canada University western Australia are active collaborator of these endeavors
Implementation of Medicinal Plant Conservation Project in high conservation area: Miandam (Swat KPK). The project involved 8300 partners including local and indigenous communities and women directly involved in the project activities (WWF Pakistan)
Yes
Yes
Consultative process, meetings and workshops have created awareness among the communities. However, the capacity building process will continue and communities will be more organized regarding ABS. Federal government would execute a development project to focus on organizing, capacity building and awareness raising activities related with indigenous communities. A collaboration with concerned provincial & Federal professional departments / organizations, institutions, universities is also priority action for future.
No
Draft Law has provision for sharing of benefits with the communities depending on the ownership of Genetic Resources and custodianship of the Traditional Knowledge.
No
No
In the absence of legislation, ensuring PIC and MAT formalities is not applicable in relation with Traditional Knowledge
However draft law recognized the right to regulate TK and its use through PIC.
No
Not applicable at the moment.
The draft legislation recognized the rights of the communities over Traditional Knowledge.
However, recognition of their customary laws, community protocols and procedures with respect to traditional knowledge will be adequately addressed in the Act or in rules at a subsequent stag
No
Not applicable at the moment
The draft Act acknowledges different conditions for the potential users of Traditional Knowledge in MAT.
No selection made
No selection made
No selection made
No selection made
No
The legislation is an effective tool to ensure implementation of Nagoya Protocol in a meaningful manner. The draft law contains provisions in this regard.
No selection made
No additional information provided.
Response to Question 42:
After the approval of ABS law, the respective rules on community protocols, MAT and model contractual clauses will be framed
No
The conservation of biological diversity and its sustainable is well recognized. The provisions in the draft Law on ABS are reflection of the same.
No answer provided
Implementation of Nagoya Protocol will be carried out after the adoption of ABS Act.
Contribution of ABS to conservation and sustainable use of biodiversity is only possible after promulgation of ABS Act
No additional information provided.
Yes
Biological resources within the country are shared with its neighbouring countries owing to the similar climatic and geographic conditions. Pakistan is committed for a closer cooperation and harmonization of regulations to achieve the objectives of the protocol. Being party to South Asian Association for Regional Cooperation (SAARC) and Economic Cooperation Organization (ECO), Pakistan is obliged to harmonize the tools and measures related with ABS.
Not applicable, since there are no indigenous and local communities in my country
Yes
Response as above in 48
No additional information provided
No
Legislation not yet approved. The draft Act contains relevant clauses.
No
Provision given under article 20 of the Nagoya Protocol regarding code of conduct, best practices and standards will be addressed while framing rules under the Access Act.
No additional information provided
Rules in this regard will be framed through consultation.
Yes
Yes
Workshops, consultations and awareness raising activities are carried out.
Yes
Yes
Yes, to some extent
• National capacity building and implementation workshop on access to genetic resources and fair and equitable sharing of the benefits arising from their use (ABS) and the Nagoya Protocol (NP). 18-20 May 2016, Islamabad
• ABS-ITPGRFA workshop conducted by NARC. 12 Dec. 2017
• ABS Consultative meeting for preparation of interim national report on implementation of Nagoya Protocol. 13 Dec. 2017
• Validation workshop of NBSAP: 5th Nov. 2015
• Provincial workshops on NBSAP had components related with ABS
After the approval of Act, a development project will be executed to continue capacity building programs as mentioned above for all stakeholders including women and indigenous communities. Awareness raising through workshops seminars, exhibitions, local demonstration etc at provincial and local levels will be continuous process.
0 No
Workshops, consultation and communications.
As mentioned in section 54, capacity building and strengthening of human resources is being carried out but the institutional capacity needs further similar initiatives
No selection made
Yes
1. Biodiversity Enabling Activities Project had component for capacity building and drafting the ABS legislation (UNEP).
2. A project for preparation of NBSAP contained component of ABS (UNEP).
3. Capacity Building Workshop on ABS (GIZ support) 18-20 May 2016.
No additional information provided
Yes
National Institute of Biotechnology and Genetic Engineering, Faisalabad, National Institute of Genetic and Agriculture Biotechnology (NIGAB) of NARC, Islamabad, many biotechnology institutes and universities of country are conducting studies on DNA profiling and genetic analysis of field crops and their wild relatives collected both from fields and natural habitats. Scientists from various organizations of the country are also pursuing Ph.D and Post graduate studies both locally and abroad on biotechnology so technical and scientific collaboration exists on sustainable basis which could be supportive for ABS.
No additional information provided
Developing consensus among the stakeholders remained a big challenge. Paucity of human, technical and financial resources were also a barrier.
No
As practiced previously, for the implementation of new legislation in the country, depending on the needs, a development projects will be implemented initially and later on the institution and the infrastructure will be transferred to core budget on permanent basis
No
Nil
Nil
No
Although no specific staff is deputed exclusively for ABS and Nagoya Protocol, yet at least three officers and their support staff have significant time for ABS issue at federal level. The provinces have designated ABS focal points, although they have their respective routine assignments.
No information provided
The format of report is well prepared and has covered different aspects of ABS very well.
In the end, there should be an option to get a reader/printer friendly PDF of the report for keeping as official record.
