last updated: 19 Dec 2017
General Information
Country
No country selected.
1. Title of this national report
Swaziland Interim national report on the implementation of the Nagoya Protocol
2. Contact person
To view the current National Focal Point information, click
here .
Institutional structures for the implementation of the Protocol
3. Has your country made the information available to the ABS Clearing-House as provided in Article 14.2?
4. Has your country taken legislative, administrative and policy measures on ABS?
Yes
Please provide a summary of the main difficulties and challenges encountered in setting up these measures.
- limited understanding about the scope and legal principles of ABS in the context of the Protocol
- inadequate financial and technical resources
- overlapping mandates in the management and regulation of genetic resources in the country
- absence of an overarching framework biodiversity conservation and management legislation
Please provide further information
The country has developed administrative guidelines to implement ABS
The ABS Clearing-House unique ID containing relevant information
5. Has your country designated a national focal point as provided in Article 13?
Yes
Please provide a summary of the main difficulties and challenges encountered for designating a national focal point.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
6. Has your country designated one or more competent national authorities as provided in Article 13?
Yes
Please provide a summary of the main difficulties and challenges encountered for designating one or more competent national authority.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
7. Has your country made available to the ABS Clearing-House permits or their equivalent issued at the time of access as evidence of the decision to grant prior informed consent (PIC) and of the establishment of mutually agreed terms (MAT)?
No selection made
No
Please provide a summary of the main difficulties and challenges encountered for making this information available.
Use the text entry to provide further information.
The ABS Clearing-House unique ID containing relevant information
8. Has your country made available to the ABS Clearing-House permits or their equivalent for the constitution of an internationally recognized certificate of compliance in accordance with Article 17.2?
Not applicable, since no access requirements are in place
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
9. Has your country designated one or more checkpoints as provided in Article 17?
Yes
Please provide a summary of the main difficulties and challenges encountered for designating one or more checkpoints:
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
10. Additional Information:
Legislative, administrative or policy measures on access and benefit-sharing (ABS measures)
Access to genetic resources (Article 6)
11. Is access to genetic resources subject to PIC as provided in Article 6.1?
Yes
Please provide further information including indicating if there is any other system in place in relation to access to genetic resources
Use the text entry to provide further information
provided for in the administrative guidelines paragraph 5
The ABS Clearing-House unique ID containing relevant information
12. Does your country have fair and non-arbitrary rules and procedures on accessing genetic resources as provided in Article 6.3 (b)?
Yes
Use the text entry to provide further information
paragraph 5 of the administrative guidelines
The ABS Clearing-House unique ID containing relevant information
13. Does your country provide information on how to apply for PIC as provided in Article 6.3(c)?
Yes
Use the text entry to provide further information
paragraph 5.2 of the administrative guidelines
The ABS Clearing-House unique ID containing relevant information
14. Does your country provide for a clear and transparent written decision by a competent national authority as provided in Article 6.3 (d)?
Yes
Use the text entry to provide further information
provided for in paragraph 5.6 read with annex 2 of the administrative guidelines
The ABS Clearing-House unique ID containing relevant information
15. Does your country provide for the issuance at the time of access of a permit or its equivalent as provided in Article 6.3 (e)?
Yes
Use the text entry to provide further information
paragraph 5.6 read with annex 6 of the administrative guidelines
The ABS Clearing-House unique ID containing relevant information
16. Please provide the number of permits or their equivalents made available through the ABS-Clearing-House since the entry into force of the Protocol for your country.
0
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
17. Does your country have rules and procedures for requiring and establishing MAT as provided in Article 6.3 (g)?
Yes
Use the text entry to provide further information
paragraph 5.5 of the administrative guidelines
The ABS Clearing-House unique ID containing relevant information
18. Benefits received since entry into force of the Protocol for your country from the utilization of:
Use the text entry to provide further information
none, since there has not been any access permit issued yet, however paragraph 7 of the administrative guidelines provides for benefit sharing.
The ABS Clearing-House unique ID containing relevant information
19. Additional Information:
No additional information provided
Please provide a summary of the main difficulties and challenges
There is a need for more capacity building initiatives on negotiation PIC and MAT
The ABS Clearing-House unique ID containing relevant information
Any other relevant documents
Fair and equitable benefit-sharing (Article 5)
20. Has your country taken legislative, administrative or policy measures to implement Article 5.1 that provides that benefits arising from the utilization of genetic resources as well as subsequent applications and commercialization are shared with the Party providing such resources that is the country of origin of such resources or a Party that has acquired the genetic resources in accordance with the Convention as provided in Article 5.3?
Yes
Use the text entry to provide further information
Paragraph 7 of the guidelines do provide for issues of equitable sharing of benefits
The ABS Clearing-House unique ID containing relevant information
21. Has your country taken legislative, administrative or policy measures with the aim of ensuring that the benefits from the utilization of genetic resources held by indigenous and local communities, in accordance with domestic legislation regarding the established rights of these indigenous and local communities over these genetic resources, are shared with the indigenous and local communities concerned as provided in Article 5.2?
Yes
Use the text entry to provide further information
Paragraph 5.1 and 5.3 provides for protection of rights of local communities .
The ABS Clearing-House unique ID containing relevant information
22. Has your country taken legislative, administrative or policy measures in order that benefits arising from the utilization of traditional knowledge associated with genetic resources are shared with indigenous and local communities holding such knowledge as provided in Article 5.5?
Yes
Use the text entry to provide further information
Paragraph 5.3 provides for access to indigenous knowledge
The ABS Clearing-House unique ID containing relevant information
23. Additional Information:
No additional information provided
Please provide a summary of the main difficulties and challenges for putting measures in place:
- There is a need to provide for the definition of indigenous people as per the local context
- The implementation of the Protocol is still challenged by clarity on "ownership" of genetic resources hence there is a need to always go through the CNAs.
- The absence of a comprehensive legislation instrument on ABS issues.
The ABS Clearing-House unique ID containing relevant information
Any other relevant documents
Compliance with domestic legislation or regulatory requirements on ABS (Article 15 and Article 16) and monitoring the utilization of genetic resources (Article 17)
24. Has your country taken appropriate, effective and proportionate legislative, administrative or policy measures to provide that genetic resources utilized within your jurisdiction have been accessed in accordance with PIC and that MAT have been established as required by the domestic ABS legislation or regulatory requirements of the other Party as provided in Article 15.1?
Yes
Please indicate whether your country has taken measures to address situations of non-compliance with those measures as provided in Article 15.2?
Yes
Please provide further information on the measures taken, including when they entered into force
the Guidelines are made under the Environmental Management Act, which has a penal code for non compliance.
Please provide further information on cases of non-compliance
Non-compliance attracts administrative fines and at times criminal sanction
Have there been specific cases in which your country cooperated with other Parties in cases of alleged violation of ABS measures as provided in Article 15.3?
No
Please provide further information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
25. Has your country taken appropriate, effective and proportionate legislative, administrative or policy measures to provide that traditional knowledge associated with genetic resources utilized within your jurisdiction has been accessed in accordance with PIC or approval and involvement of indigenous and local communities and that MAT have been established as required by the domestic ABS legislation or regulatory requirements of the other Party where such indigenous and local communities are located as provided in Article 16.1?
Yes
Please indicate whether your country has taken measures to address situations of non-compliance with those measures as provided in Article 16.2?
Has your country cooperated in specific cases of alleged violation of ABS measures as provided in Article 16.3?
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
26. Does your country require users of genetic resources to provide information related to PIC, to the source of the genetic resource, to the establishment of MAT and/or utilization of genetic resources at a designated checkpoint, as appropriate, as provided in Article 17.1 (a)(i) and (ii))?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
27. Has your country provided the information referred to in Article 17.1 (a)(i) to relevant national authorities, to the Party providing PIC and to the ABS Clearing-House as provided in Article 17.1 (a)(iii)
No
Has your country made use of the checkpoint communique?
Not selected
Please provide further information
Please provide a summary of the main difficulties and challenges for putting measures in place:
Any other relevant documents
28. Has your country taken measures to encourage users and providers to include provisions in MAT to share information on the implementation of such terms as provided in Article 17.1(b)?
Yes
Use the text entry to provide further information
paragraph 5.5 of guidelines
The ABS Clearing-House unique ID containing relevant information
29. Is your country encouraging the use of cost-effective communication tools and systems as provided in Article 17.1 (c)?
30. Additional Information:
Compliance with mutually agreed terms (MAT) (Article 18)
31. Is your country encouraging the inclusion of provisions in MAT to cover dispute resolution as provided in Article 18.1 (a) (b) and (c)?
Not applicable, since no access requirements are in place
Yes
Use the text entry to provide further information
paragraph 5.1.3 (15) of the guidelines
The ABS Clearing-House unique ID containing relevant information
32. Does your country ensure that opportunity to seek recourse is available under your legal systems in cases of disputes arising from MAT as provided in Article 18.2?
Yes
Use the text entry to provide further information
paragraph 5.5 (14) of the guidelines
The ABS Clearing-House unique ID containing relevant information
33. Has your country taken measures regarding the following points as provided in Article 18.3?
34. Additional Information:
Special considerations (Article 8)
35. In the development and implementation of ABS legislation or regulatory requirements has your country:
36. Additional Information:
Provisions related to indigenous and local communities (Articles 6, 7 and 12)
37. Does your country have indigenous and local communities?
Yes
Use the text entry to provide further information
The country still has a need to define ILC with respect to the local context
The ABS Clearing-House unique ID containing relevant information
38. Do indigenous and local communities have the established right to grant access to genetic resources according to your domestic law? (Article 6.2)
Yes
Please provide further information and reference to the domestic law establishing rights of indigenous and local communities to grant access to genetic resources
Swaziland Constitution Act 2005
The ABS Clearing-House unique ID containing relevant information
Does your country have measures in place with the aim of ensuring that the prior informed consent or approval and involvement of indigenous and local communities is obtained as provided in Article 6.2?
Yes
Please provide further information
paragraph 5.1 of guidelines
Has your country set out criteria and/or process for obtaining prior informed consent or approval and involvement of indigenous and local communities for access to genetic resources in Article 6.3(f)?
Yes
Please provide further information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
39. In accordance with domestic law has your country taken measures with the aim of ensuring that traditional knowledge associated with genetic resources that is held by indigenous and local communities within your country is accessed with the PIC or approval and involvement of these indigenous and local communities and that MAT have been established as provided in Article 7?
Yes
Use the text entry to provide further information
paragraph 5.1.4.9 of the guidelines
The ABS Clearing-House unique ID containing relevant information
40. In implementing the Protocol and in accordance with your domestic law, is your country taking into consideration indigenous and local communities’ customary laws, community protocols and procedures with respect to traditional knowledge associated with genetic resources as provided in Article 12.1?
Yes
Use the text entry to provide further information
paragraph 5.3 of the guidelines
The ABS Clearing-House unique ID containing relevant information
41. Has your country established mechanisms to inform potential users of traditional knowledge associated with genetic resources about their obligations as provided in Article 12.2?
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
42. Is your country supporting the development by indigenous and local communities of the following tools as provided in Article 12.3?
No selection made
Community protocols
Yes
Please provide further information on how your country is supporting the development of community protocols.
paragraph 4.2.1.1 (13)
The ABS Clearing-House unique ID containing relevant information
Minimum requirements for mutually agreed terms
Model contractual clauses
Yes
Please provide further information on how your country is supporting the development of model contractual clauses.
The ABS Clearing-House unique ID containing relevant information
43. Has your country endeavoured not to restrict the customary use and exchange of genetic resources and associated traditional knowledge within and among indigenous and local communities as provided in Article 12.4?
Yes
Use the text entry to provide further information
paragraph 5.6.3 of guidelines
The ABS Clearing-House unique ID containing relevant information
44. Additional Information:
No selection made
No additional information provided.
Please provide a summary of the main difficulties and challenges for putting measures in place in relation to traditional knowledge associated with genetic resources:
Traditional Knowledge associated with Genetic resources is still not yet documented. However, the country is committed through the NBSAP2 to undertake this.
The ABS Clearing-House unique ID containing relevant information
Any other relevant documents
Contribution to conservation and sustainable use (Article 9)
45. Is your country encouraging users and providers to direct benefits arising from the utilization of genetic resources towards the conservation of biological diversity and sustainable use of its components as provided in Article 9?
Yes
Use the text entry to provide further information
paragraph 7 of guidelines
The ABS Clearing-House unique ID containing relevant information
46. Please indicate how the implementation of the Nagoya Protocol has contributed to conservation and sustainable use of biodiversity in your country:
47. Additional Information:
Transboundary cooperation (Article 11)
48. Is your country endeavouring to cooperate, with the involvement of indigenous and local communities concerned, with a view to implementing the Protocol in instances where the same genetic resources are found in situ within the territory of more than one Party as provided in Article 11.1?
Yes
If your country has indigenous and local communities, please provide further detail of their involvement.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
49. Is your country endeavouring to cooperate with a view to implementing the Protocol in instances where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties as provided in Article 11.2?
Not applicable, since there are no indigenous and local communities in my country
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
50. Additional Information:
Model contractual clauses, codes of conduct, guidelines and best practices and/or standards (Article 19 and 20)
51. Is your country encouraging the development, update and use of model contractual clauses for MAT as provided in Article 19?
Yes
Use the text entry to provide further information
paragraph 5.5 read with annex 5 of guidelines
The ABS Clearing-House unique ID containing relevant information
52. Is your country encouraging the development, update and use of codes of conduct, guidelines and best practices or standards as provided in Article 20?
Yes
Use the text entry to provide further information
the development of the national administrative guidelines is in line with the African Union guidelines to implement ABS. Furthermore, the country encourages synergies with other regimes i.e. ITPGRFA
The ABS Clearing-House unique ID containing relevant information
53. Additional Information:
Awareness-raising and capacity (Article 21 and 22)
54. Has your country taken measures to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources and related access and benefit-sharing issues as provided in Article 21?
Yes
Has your country taken measures to implement the awareness-raising strategy for the Nagoya Protocol on ABS? Adopted as descision NP-1/9
Yes
Please provide a summary of the measures taken.
A national outreach and information strategy has been developed, however its implementation is at its infancy
The ABS Clearing-House unique ID containing relevant information
Use the text entry to provide further information
Sensitisation workshops have been undertaken for identified key stakeholders i.e. traditional authorities, policy makers, regulators, bio traders,
The ABS Clearing-House unique ID containing relevant information
55. Has your country taken measures to build and develop capacity and strengthening of human resources and institutional capacities to effectively implement the Protocol as provided in Article 22?
Yes
Has your country taken measures to implement the strategic framework for capacity-building and development to support effective implementation of the Nagoya Protocol on ABS?
Yes
Please provide a summary of the measures taken.
About five people have been capacitated on the measures for the implementation of the Nagoya Protocol
The ABS Clearing-House unique ID containing relevant information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
56. Has your country received external support for building and developing capacity for the implementation of the Nagoya Protocol?
Yes
Use the text entry to provide further information
The country has received support from the ABS capacity building initiative, UNEP, The University of Cape Town and the African Union Commission
The ABS Clearing-House unique ID containing relevant information
57. Has your country provided external support for building and developing capacity for the implementation of the Nagoya Protocol?
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
58. Additional Information:
No additional information provided
Please provide a summary of the main difficulties and challenges for putting measures in place:
- More capacity building is still required
The ABS Clearing-House unique ID containing relevant information
Any other relevant documents
Technology transfer, collaboration and cooperation (Article 23)
59. Is your country collaborating and cooperating in technical and scientific research and development programmes as a means to achieve the objective of the Protocol as provided in Article 23?
Optional additional information
60. Please provide a summary of the main difficulties and challenges encountered for becoming a Party to the Nagoya Protocol.
No additional information provided
- Limited resources (human, financial, technological) to implement the Protocol's obligations
- Challenges in understanding the ABS concept in the context of the Protocol
-
The ABS Clearing-House unique ID containing relevant information
61. Has your country established a mechanism for budgetary allocations of funds for the implementation of the Nagoya Protocol?
Yes
Please provide further information
- The Swaziland Environment Authority (CNA) is funded by government
Please provide a summary of the main difficulties and challenges encountered.
- As a developing country, there is limited financial resources, although there is the government's willingness
Use the text entry to provide further information. including on experiences gained in relation to mobilization of resources to support the implementation of the Nagoya Protocol and the status of funds mobilized (level of domestic expenditures, or the amount of and trends in funding allocated, for the implementation of the Protocol and the funding gap)
The ABS Clearing-House unique ID containing relevant information
62. a) Has your country made financial resources available to other Parties or received financial resources from other Parties or financial institutions for the purposes of implementation of the Protocol as provided in Article 25?
Financial resources have been received
Yes
From financial institutions
Yes
From the Global Environmental Facility
Yes
From the Nagoya Protocol Implementation Fund
Yes
Use the text entry to provide further information, .including on the status of financial resources (total amount) mobilized donated or received for the purposes of implementation of the Protocol
The ABS Clearing-House unique ID containing relevant information
62. b). Please provide information on experiences related to the mobilization of resources in support of the implementation of the Protocol.
No information provided
62. c). Please provide information on the status of funds mobilized in support of the implementation of the Protocol.
63. Does your country have specific staff to administer functions directly related to the implementation of the Nagoya Protocol?
64. Any other relevant information:
Comments in the reporting format
65. Please provide any comment that you may have regarding the format of this report:
