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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 23 May 2019
Tajikistan - Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-TJ-209970-1
ABS National Focal Point
Mr. Neimatullo Safarov
This document has been updated. This is not the latest published version.
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No
Republic of Tajikistan signed the Nagoya Protocol on September 21, 2011. Currently, the UNDP/GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol”, has been implementing in the country which has as of one of the main results: the creation and adaptation of a clearing-house mechanism to ensure cccess to genetic resources and the fair and equitable sharing of benefits arising from their utilization.
Within the Clearing-House Mechanism under the National Biodiversity and Biosafety Center (NBBC) information and consultative services are provided to stakeholders and interested organizations.
Yes
Republic of Tajikistan has take the following administrative measures:
Republic of Tajikistan acceeded to the Nagoya Protocol by the Decree of the President of the Republi of Tajikistan #1352 dated 17 September 2012.
National Biodiversity and Biosafety Center is the designated National Competent Authority for the Nagoya Protocol.
In order to implement the necessary legar, administrative, organizational measures and as per the request of the Government, the Republic of Tajikistan is included to the UNDP GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (2017-2019).
A number of regulatory documents are published on the website of the National Biodiversity and Biosafety Center and the Ministry of Justice of the Republic of Tajikistan.
The Law of the Republic of Tajikistan #892 dated 1 August 2012 "On the collection, preservation and rational use of the genetic resources of cultivated plants".
A program to strengthen the clearing-house mechanism and a series of guidelines and methodological manuals on impleentation of Nagoya Protocol developed.
Yes
National Biodiversity and Biosafety Center of the Committee for Environmental Protection under the Government of the Republic of Tajikistan is the designated national focal point as provided in Article 13.
Yes
National Biodiversity and Biosafety Center of the Committee for Environmental Protection under the Government of the Republic of Tajikistan is designated competent national authority as provided in Article 13 as well as in national as in international level. As regarding the Article 13 on access of applicants to genetic resources and traditional knowledge, in accordance with the current legislations of the country, assigned to the Ministry of economic development and trade of the Republic of Tajikistan and the Patent Center of the Ministry.
No selection made
No selection made
The Republic of Tajikistan has not yet developed national administrative mechanisms for access to genetic resources in accordance with the provisions of the Nagoya Protocol, but within their powers these functions and equivalent documents on ABS, PIC and MAT are assigned to the National Biodiversity and Biosafety Center. As for the analysis and evaluation of the definition of genetic resources, and use and export assigned to the Ministry of Economic Development and Trade of the Republic of Tajikistan.
At the same time, the country participates in the UNDP GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (2017-2019), within which it is planned to develop a national legal and administrative system for access to genetic resources and joint benefits, as well as traditional knowledge associated with genetic resources.
Not applicable, since no access requirements are in place
No selection made
The Republic of Tajikistan has not yet developed national administrative mechanisms for access to genetic resources in accordance with the provisions of the Nagoya Protocol. Separate requirements of this article are regulated by the Customs Service under the Government of the Republic of Tajikistan, and the scientific reference is given by the Scientific and Analytical Commission for the identification of the species of genetic resources that are assigned to the State Institution of the Research Laboratory for Nature Protection of the Committee for Environmental Protection under the Government of the Republic of Tajikistan and the Academy of Sciences of the Republic Tajikistan.
At the same time, the country participates in the UNDP GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (2017-2019), within which it is planned to develop a national legal and administrative system for access to genetic resources and joint benefits, as well as traditional knowledge related to genetic resources.
No
Due to low awareness in the country, according to the requirements of the Nagoya Protocol, check points provided in Article 17 are not assigned to control the specificity of genetic resources, but based on scientific analysis of materials from the Agency for Standardization, Metrology, Certification and Trade Inspection under the Government of the Republic of Tajikistan the Customs Service under the Government of the Republic of Tajikistan monitors the value of the material and the export permit outside the country.
No additional information provided
So far, the Republic of Tajikistan has not developed national administrative mechanisms for access to genetic resources in accordance with the provisions of the Nagoya Protocol, but during the implementation of the UNDP GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (2017-2019) planned the development of a national legal and administrative system for access to genetic resources and benefit-sharing, as well as traditional knowledge, associated with genetic resources.
Yes
Пока в Республике Таджикистан не разработаны национальные административные механизмы обеспечения доступа к генетическим ресурсам на основе ПОС, предусмотренного статьей 6.1, хотя в настоящий момент в рамках проекта ПРООН/ГЭФ разрабатывается законопроект, предусматривающий доступ к генетическим ресурсам на основе ПОС. В настоящее время для вывоза генетических ресурсов стороны заключают договора, которые разрабатываются согласно требованиям ВТО и внутренним правилам вывоза и ввоза продуктов растительного и животного происхождения и Закона Республики Таджикистан №31 от 17 мая 2004 "Об охране и использовании растительного мира" и Закон Республики Таджикистан №354 от 5 января 2008 года "О животном мире", а также законодательство Республики Таджикистан регулирующее импорт и экспорт в стране, исполнителем которой являются профильные министерства и ведомства и Закон Республики Таджикистан №760 от 2 августа 2011 "Об охране окружающей среды".
So far, the Republic of Tajikistan has not yet developed national administrative mechanisms for access to genetic resources based on the PIC provided in Article 6.1, although currently a draft law on access to genetic resources based on the PIC is being developed within the framework of the UNDP/GEF project. Currently, for the export of genetic resources, the parties enter into agreements that are developed in accordance with WTO requirements and internal rules for the export and import of products of plant and animal origin and the Law of the Republic of Tajikistan No. 31 dated May 17, 2004 on the Protection and Use of Plants and the Law of the Republic of Tajikistan No. 354 dated January 5, 2008 "On Fauna", as well as the legislation of the Republic of Tajikistan regulating imports and exports in the country, which is carried out by relevant ministries and departments and Act of the Republic of Tajikistan No. 760 dated August 2, 2011 "On Environmental Protection".
During the implementation of the UNDP GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (2017-2019), it is planned to develop a national legal and administrative system for access to genetic resources and benefit sharing, as well as traditional knowledge related to genetic resources.
No
Currently, within the framework of the UNDP/GEF project, a draft law is being developed that provides the fair and non-discriminatory rules and procedures for access to genetic resources.
In the Republic of Tajikistan, as per the current legislative and regulatory documents on the regulation of the distribution of funds obtained from the use of biological resources, the benefits obtained, including genetic resources, are distributed as follows: 20% of the total amount of benefits goes to the development of scientific, methodological, regulatory and legislative acts, 20% for the management of regional bodies, 40% for the development of the local population.
No
A draft law is currently being developed within the framework of a UNDP/GEF project, describing the obligation of the competent national authority to provide information on the procedure for applying for prior informed consent.
The preliminary limited experience of the National Biodiversity and Biosafety Center shows that the applicant’s representatives can receive all kinds of information about the required genetic resources, including quality, delivery time, biological characteristics, and other factual information, with the exception of confidential, upon formal written request.
No
At present, a draft law is being developed within the framework of a UNDP/GEF project, providing for the obligation of the competent national authority to provide a clear and transparent written decision in an economical manner and within a reasonable time.
No
When concluding a transaction to obtain biological resources, including genetic resources, Tajikistan and the authorities provide the applicant with all forks in accordance with the requirements of the parties.
The draft law being developed under the UNDP/GEF project provides the issuance by the competent national authority of a document confirming the right of access to genetic resources of the Republic of Tajikistan.
12
After the accession of the Nagoya Protocol by the Republic of Tajikistan, the National Biodiversity and Biosafety Center officially issued 12 permits for the export of seed, herbarium, living plant organs. Regarding commercial products - ferule juice, licorice root, ephedra stems, rose hips and sea buckthorn and their trees, then the Ministry of Economic Development and Trade of the Republic of Tajikistan issues a permit for them.
No
For trade outside the country, the Ministry of Economic Development and Trade of the Republic of Tajikistan has introduced special tariffs for the price chain, which are negotiated at the conclusion of contracts.
In the framework of the draft law on the UNDP/GEF project being developed, the rules and procedures of the MAT are provided.
Yes
Yes
There is no record of benefits. Fees are received only by various bodies, which the Ministry of Finance of the Republic of Tajikistan includes in the country's budget.
Yes
Training, educational and scientific materials, participation in seminars, refresher courses, and sometimes technical assistance.
Yes
Yes
Currently, only in the form of souvenirs, and teas, seasonings, which are sold in pharmacies and commodity markets.
Joint publications in international publications, guaranteed storage of germplasm in storages, arboretums and botanical gardens.
No additional information provided
Despite the fact that the genetic resources of the Republic of Tajikistan are extremely rich and diverse, they are still insufficiently studied, due to the limited financial resources for research and other purposes. It is necessary to create mechanisms for interaction of stakeholders at all stages, from access to a genetic resource to the development of the final product and the system of exchanges of reproductive material between the countries of the region.
The development of a national legal and administrative system for access to genetic resources and benefit-sharing, as well as traditional knowledge associated with genetic resources is envisaged in the framework of the UNDP GEF project “Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol” (2017-2019).
No
In the Republic of Tajikistan, as per the current legislative and regulatory documents on the regulation of the distribution of funds obtained from the use of biological resources, the benefits obtained, including genetic resources, are distributed as follows: 20% of the total amount of benefits goes to the development of scientific, methodological, regulatory and legislative acts, 20% for the management of regional bodies, 40% for the development of the local population.
In our country, the goals of effectively applying the provisions of the Convention to practice, and measures of Article 5.1 of the Nagoya Protocol are provided in the framework of the draft law.
No
The benefits obtained from the use of bioresources, including genetic resources are centrally transferred to environmental funds and, accordingly, through the Ministry of Finance of the Republic of Tajikistan, depending on the needs, the habitat of the resource is distributed by applications from local communities. In exchange, local authorities on preferential terms place bio resources at the disposal of the local population in order to collect and obtain benefits.
No
In Tajikistan, all types of biological resources are distributed and used within the framework of land legislation, while, unfortunately, no assessment of the price value of biological resources, primarily genetic resources, has been determined, therefore the preparation of legal acts on the Nagoya Protocol is at the stage of development and implementation.
No additional information provided
The main issues of concern are the misunderstanding of the meaning and essence of the Nagoya Protocol in the transitional period of the country, especially the transfer of land to the private sector, without an assessment of bioresources.
No
No selection made
No selection made
Tajikistan has the needs for studies and consultations to regulate the implementation of ABS or the regulatory requirements of the other Party, as provided for in Article 15.1.
At this stage, due to the lack of legal acts and poor understanding, a low degree of education on the implementation mechanism of the Nagoya Protocol, differences have not yet been found between users, consumers and intermediaries.
No
No selection made
No selection made
So far, just once there was a request to experts about the smuggling of ferule seeds, on the basis of which various ointments, medicinal pills and spices were prepared.
No
No selection made
Tajikistan requires from users of genetic resources at this stage, only trade and procurement, sanitary and quarantine information when crossing the border of the country. Due to the absence of regulatory legal acts, the country cannot request full-fledged information, although it would have been possible, within the framework of the protocol, to make temporary rules.
No
Not selected
At this stage of the implementation of the Nagoya Protocol, the country does not yet have a system in accordance with clause 17.1. a. However, it should be noted that the Ministry of Economic Development and Trade of the Republic of Tajikistan practically performs the functions of regulating the use of genetic resources on a common basis as simply biological resources, without classification into genetic resources and assessing the price value of genetic resources. All issues are governed by a bilateral agreement between the supplier and the user. The gains received go to the country's budget, and are distributed equally according to the annual Law of the Republic of Tajikistan “On the State Budget”. Control is carried out by customs authorities according to the documents and commodity certificate of conformity.
From time to time as requests are received from partners, information is posted voluntarily in the Clearing-House Mechanism of the National Biodiversity and Biosafety Center. The main problems in creating a system for the use of genetic resources are the lack of experience in introducing the system, interdepartmental barriers, not finding a system of legislation on the use of genetic resources in the starting state, and not regulating the land use system.
No
Only in the part of the presentation of primary information there are separate references of the manual and materials.
No
Only in some cases, the controlling bodies at the borders or within the country turn to environmental and scientific bodies for written consultations to identify the goods with a certificate of conformity.
No additional information provided
Difficulties are the lack of experience in dealing with genetic resources, especially with wild animals, the lack of legislation and regulations, the lack of rules and procedures for the standardization system, and of course the lack of personnel, tracking technology, identification and monitoring in the country.
Not applicable, since no access requirements are in place
No selection made
Yes
The Law of the Republic of Tajikistan No. 892 dated August 1, 2012 “On the Collection, Conservation and Rational Use of Crop Plants of Genetic Resources” provides for the application of the provision of Article 18 2 in terms of resolving disputes that arose involving competent professionals and authorities.
Yes
The special Law of the Republic of Tajikistan No. 506 dated March 26, 2009 “On regulatory legal acts” stipulates, in case of any questions that are not stipulated in the national legislation, the country as an instrument of justice acts according to international legal acts, if it does not contradict the legislation of the country. At the same time, as per art. 19 of the Constitution of the Republic of Tajikistan, everyone is guaranteed judicial protection.
Yes
According to Part 4, Art. 15 of the Civil Procedure Code of the Republic of Tajikistan and Part 4 Art. 16 of the Economic Procedural Code of the Republic of Tajikistan. Recognition and duty of execution in the Republic of Tajikistan of judicial acts adopted by foreign courts, foreign arbitration decisions (arbitration courts) are determined by the laws of the Republic of Tajikistan, as well as international legal acts recognized by Tajikistan.
No additional information provided
Yes
The draft law being developed within the framework of the UNDP / GEF project provides these incentive and incentive measures.
No
No
Yes
In order to effectively manage the agricultural industry, ensure food, environmental and biological security in the Republic of Tajikistan, the Law of the Republic of Tajikistan No. 892 dated August 1, 2012 "On the collection, preservation and rational use of the genetic resources of cultivated plants" was adopted.
No additional information provided
Yes
In Tajikistan, according to the constitutional rights of the population, there is no graduation of “indigenous people”. The country is made up of indigenous people. In the legislation of the country, the priority advantage, when using natural resources, is primarily given to local communities, i.e. local governments, which are called "jamoats".
No
No selection made
No selection made
Practically, in the Law of the Republic of Tajikistan No. 827 dated April 16, 2012 "On self-government bodies in the villages" the local community "Jamoat" has the exclusive right of the primary land user. By the decision of local authorities, land and biological resources in rental form, or other forms of ownership are transferred by decision of the Government, taking into account the views of the primary land users.
Yes
According to the Law of the Republic of Tajikistan No. 827 dated April 16, 2012 “On Self-Government in the Villages”, the Constitutional Law of the Republic of Tajikistan No. 960 dated March 19, 2013 “On Local Government Bodies” and the Legislation of the Republic of Tajikistan regulating intellectual property Ownership and use of bio-resources in their territory are local communities.
The draft law being developed under the UNDP/GEF project provides these measures.
No
Currently, local communities, through the implementation of awareness projects and educational projects, are mastering primary law enforcement in the use of biological resources, as regards genetic resources, this concept is only beginning to be implemented in the life of the local population.
These measures are envisaged in the framework of the draft law being developed as part of a UNDP/GEF project.
No
For the last several years, as part of the components of biodiversity projects in terms of awareness and education, the capacity of users of traditional knowledge has increased, various competitions have been held on the exhibition of traditional knowledge and traditional arts. In the country, the Decree of the Government of the Republic of Tajikistan declared the year 2018 “The Year of Traditional Knowledge and Folk Craft”, which also made a great contribution to the development of traditional knowledge in the field of genetic resources.
These measures are envisaged in the framework of the draft law being developed as part of a UNDP/GEF project.
No selection made
Yes
Periodically, the country for the development of traditional knowledge on concessional terms provides loans for the development of traditional knowledge and traditional arts, including the implementation of the Nagoya Protocol.
No selection made
No selection made
Yes
The country is conducive to the development of traditional knowledge and the exchange of knowledge at various state levels. The country's government and local authorities annually hold exhibitions, fairs and weekly markets selling local traditional crafts, including genetic resources. In recent years, through these outreach activities, local markets have begun to crowd out other products of genetic resources, from which local people owning genetic resources have gained significant benefits and their interest has increased in the conservation and sustainable use of genetic resources. Currently, the Government is promoting the development of legal acts to promote genetic resources.
No selection made
No additional information provided.
Yes
The Republic of Tajikistan is currently supplying several species of wild plants and their germplasm to countries in Asia and Southeast Asia for processing as raw materials. In recent years, the country has been trying to create a system at the legislative level, in accordance with the requirements of the Nagoya Protocol. In 2019, it is planned to adopt the Law of the Republic of Tajikistan “On genetic resources”.
No answer provided
After the transfer of land to the rental and long-term use of the population with the reserves of biological resources, practically the population itself began to engage in the protection and regulation of biological resources. Unfortunately, public lands are left without supervision, which adversely affects their condition. The behavior of the population regarding respect for bioresources is changing, in some places they have begun to cultivate some commercial species of wild plant species — licorice, ferule, solyanka, ephedra, radioli, etc.
No additional information provided.
No
So far, in all countries of the region at the level of private contracts, within the framework of the established rules of the Ministry of Economic Development and Trade of the Republic of Tajikistan, cooperation and exchange of goods or products takes place. Cooperation is conducted under the Nagoya Protocol at the level of intergovernmental agreements for the exchange of experience, and rarely the transfer of technology and products. Experience shows a positive trend in the convergence of understanding and sharing.
Not applicable, since there are no indigenous and local communities in my country
No selection made
Under the conditions of Tajikistan, traditionally, the exchange of knowledge and the transfer of “uterine” or “subsidiary” organs for reproduction or improvement of the species, varietal, composition of genetic resources occurs regularly and spontaneously without agreement. This practice of folk breeding is part of the relationship of the mountain population, as a positive tradition.
No additional information provided
Yes
Tajikistan is at the initial stage of this process. The country has a system of inter-sectoral and inter-departmental agreement, which does not deliberately coordinate between different responsible bodies.
Yes
Tajikistan, through the Intellectual Property Agency under the Ministry of Economic Development and Trade of the Republic of Tajikistan, conducts and systematic changes and additions in accordance with international requirements and introduces changes in codes of conduct, standards and techniques. Currently, there is no purpose for the Nagoya Protocol. It is necessary to introduce amendments and additions to Article 20 in the envisaged project implementation and development activities on legislation on biodiversity.
No additional information provided
Yes
Yes
Tajikistan within the framework of various State ecological and environmental protection programs and projects systematically conduct seminars, trainings, study tours and propaganda of various formats on the significance of genetic resources and their conservation for breeding and, in general, as a source of biodiversity conservation.
No
No
Currently, within the framework of the sub-regional project, joint consultative meetings and exchange of experience are held at various regional and sub-regional seminars, conferences and meetings.
Yes
As part of a sub-regional project, seminars, meetings and conferences are being held to develop some legal and legislative documents and awareness programs.
Yes
Tajikistan received support only in the framework of the UNDP/GEF global project.
No additional information provided
No
Tajikistan within the framework of the Nagoya Protocol carries out small meetings and seminars on scientific and technical programs with the Republic of Belarus and Russia.
No additional information provided
The main difficulties in the formation and implementation of the requirements of the Nagoya Protocol in Tajikistan are an interdepartmental barrier, the lack of harmonization of laws, a low level of knowledge of human resources, etc.
No
Yes
Tajikistan for the implementation of the Nagoya Protocol provides financial support through the overall financing of the protocol coordinating body in the form of goods, services, buildings, equipment and communications.
Currently, the only source of resource mobilization to support the protocol is the budget financing of the National Biodiversity and Biosafety Center of the Committee for Environmental Protection under the Government of the Republic of Tajikistan and grants from the Global Environment Facility.
Budgetary financing from the budget of the Government of the country is extremely insufficient and not even noticeable for the implementation of any activities under the Nagoya Protocol.
Yes
One
A specialist from the staff of the National Biodiversity and Biosafety Center of the Republic of Tajikistan performs the functions of a responsible person for the implementation of the Nagoya Protocol.
No information provided
No information provided
