Loading...
This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.
Click here to view the deleted recordThis document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 31 Oct 2017
No country selected.
Interim National Report on the Implementation of the Nagoya Protocol
CHM-NFP-UG-210060-2
ABS National Focal Point
Mr. Francis Meri Sabino Ogwal
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
To view the current National Focal Point information, click
here.
Yes
Information on permits not yet submitted. Knowledge and use of the ABS-CH is inadequate. Capacity building is needed for ministries, departments and agencies on the implementation of the Nagoya Protocol on ABS and the use of the ABS-CH.
Yes
Legislative and administrative measures that have been put in place has established clear institutional framework for implementation of the Nagoya Protocol at the national level. The ABS National Focal Point and the CNA have been designated. The Publishing Authority (PA) and the National Authorized User (NAU) have been designated. However there is still no structure on ABS in place at the local government (sub-national) level. Furthermore there is limited awareness on Nagoya Protocol on ABS among other sectors like agriculture, forestry and wildlife at the national level. Awareness on ABS and the Nagoya Protocol on ABS is very low at the sub-national level. Only a few districts that were selected to represent other local governments during the review and updating of the National Biodiversity Strategy and Action Plan (NBSAP) have awareness on ABS and the Nagoya Protocol on ABS.
The national legislation on access to genetic resources and benefit sharing was enacted in 2005
Guidelines for accessing genetic resources and benefit sharing in Uganda was developed in 2007
Yes
No challengers were encountered. Government decided that the CBD National Focal Point should also be the ABS National Focal Point but has to work closely with the CNA and relevant Government Ministries, Departments and Agencies. The rationale was to ensure proper coordination and monitoring the implementation of the CBD and the Nagoya Protocol on ABS by one institution.
Yes
No challenges were encountered in designating Uganda National Council for Science and Technology (UNCST) as the CNA because the national legislation on ABS has designated UNCST as CNA. Government has planned to designate more CNAs. However the challenge is the lack of knowledge, understanding and capacity to implement the Nagoya Protocol by other ministries, departments and agencies. Capacity building and awareness on the Nagoya Protocol on ABS is needed before other CNAs can be designated.
No selection made
No
Knowledge on the use of the ABS-CH is inadequate. Capacity building is needed for ministries, departments and agencies on the implementation of the Nagoya Protocol and the use of the ABS-CH. Furthermore the personnel at the CNA is inadequate. The officer assigned to handle issues on ABS and the Nagoya Protocol has his/her primary appointment for other tasks and ABS is just an additional task. This is a challenge in terms of time that is available for use of ABS-CH by CNA.
Specific officer(s) appointed to handle issues on ABS on day to day basis is needed for more effective implementation of the Nagoya Protocol. A unit at the CNA established for ABS would further enhance the capacity of the CNA in implementing the Nagoya Protocol on ABS including use of the ABS-CH. The National Environment Management Authority (NEMA) which is the ABS National Focal Point also needs one officer to support the CBD and ABS National Focal Point in the coordination and monitoring implementation of the Nagoya Protocol and the use of the ABS-CH. These options will be explored when the current ABS legislation comes under review. Uganda has allocated USD 2.9 million of its GEF6 allocation for a project on "Strengthening institutional capacity for implementation of the Nagoya Protocol on ABS".
Not applicable, since no access requirements are in place
No
Knowledge on the use of the ABS-CH is inadequate. Capacity building is needed for ministries, departments and agencies on the implementation of the Nagoya Protocol and the use of the ABS-CH. Furthermore the personnel at the CNA is inadequate. The officer assigned to handle issues on ABS and the Nagoya Protocol has his/her primary appointment for other tasks and ABS is just an additional task. This is a challenge in terms of time that is available for use of ABS-CH by CNA.
No
Capacity building on implementation of the Nagoya Protocol on ABS is needed before designating check points. Designating check points who have no understanding of the Nagoya Protocol on ABS will not be effective in enforcing and implementing the provisions of Article 17 of the Protocol
No additional information provided
Yes
PIC is a requirement in the national legislation on ABS. No person shall access genetic resources (GR) in Uganda unless a written PIC has been obtained with the lead agency, local community or owner of the GR.
Yes
The national legislation on ABS and the guidelines on ABS have provisions that meet the requirements of Article 6.3. Sections 9,10,11,12,13,14,15,16,17,18, 19 and 20 of the national legislation on ABS clearly provides for the legal requirements for accessing GR in Uganda while Part III, IV, V and VI of the Guidelines for Accessing Genetic Resources and Benefit Sharing in Uganda gives the procedures to be followed, the mechanism for sharing benefits and management of information.
person who would like to access genetic resources (GR) in Uganda has do the following:
a) apply and obtain PIC and also must enter into an accessory agreement with lead agency , local community or owner of the genetic resource
b) carry out environmental impact assessment (EIA) where access to GR is likely to ha significant impact on the environment. The EIA has to be carried out before conclusion of a Material Transfer Agreement (MTA). If based on the EIA it is determined that the proposed access to GR will not adversely impact on the environment or on the long-term sustainability of the GR for which access is being sought or the ecosystems, the CNA and the lead agency may commence the process of negotiations for MTA with the applicant
c) Enter in MTA; and
d) Obtain an access permit from the CNA.
Sections 9,10,11,12,13,14,15,16,17,18, 19 and 20 of the national legislation on ABS clearly provides for the legal requirements for accessing GR in Uganda while Part III, IV, V and VI of the Guidelines for Accessing Genetic Resources and Benefit Sharing in Uganda gives the procedures to be followed, the mechanism for sharing benefits and management of information.The CNA and lead agency shall not approve application for access to GR of any species listed as protected or threatened unless written approval is obtained from the CITES Management Authority
Yes
A person who would like to access genetic resources (GR) in Uganda has to apply and obtain PIC and also must enter into an accessory agreement with lead agency , local community or owner of the genetic resource. The Guidelines for Accessing Genetic Resources and Benefit Sharing in Uganda provides guidance on how to apply for PIC. A lead agency is any ministry, department, parastatal, local government system or public officer in which or whom any law vests functions of control or management of any segment of the environment.
Yes
This is provided for in the national legislation on ABS. The CNA is authorised to issue access permit. The access permit is granted after conclusion of MTA. The MTA clearly states the rights and obligations of any party who may have ownership of, or authority over GR to which access is sought. The CNA is authorized to impose such terms and conditions on access permit as it may deem necessary. The CNA and lead agency shall not approve application for access to GR of any species listed as protected or threatened unless a written approval is obtained from the CITES Management Authority
Yes
The ABS legislation provides for issuance of access permit prior to one accessing GR. This is done by the CNA.
0
About 40 MTA and access permit (mainly for research purposes) have been issued. However these are yet to be uploaded on the ABS-CH due to the challenges explained in number 7 and 8 above.
Yes
Section of 14 of the ABS legislation provides for Material Transfer Agreement (MAT). A collector shall not access or export GR without entering into MTA. The MTA is valid for a period specified in it and is issued upon payment by the collector of the required fee. However no MTA will be entered into before the collector obtained PIC and accessory agreement. Accessory agreement is any facilitating agreement relating to PIC and includes a letter of exchange, a memorandum of understanding, or an academic or research agreement.
Yes
Yes
This is mainly on collaborative research and capacity building
No additional information provided
Yes
Section 20 of the national legislation on ABS provides for sharing of benefits accruing from the collection, modification and use of GR and this has to be done in accordance with the principle of fairness and equity, and on mutually agreed terms.
Yes
A person intending to access GR is required to apply to the local community for PIC. The local community may grant PIC after considering the application. Before the local community grants PIC, it will enter into accessory agreement with the applicant. The format for the accessory agreement is provided in the national ABS legislation. Where the GR is on land which is occupied, used or managed by local communities, the PIC and the accessory agreement shall be concluded between the applicant and authorised agent of the local government representing the local communities. Upon obtaining PIC and entering into accessory agreement, the applicant can then enter into MTA.
Yes
The national legislation provides for contributions to the development of the local community knowledge that is relevant to the conservation and sustainable use biodiversity and benefits relating food security.
No additional information provided
Yes
Yes
In the national legislation on ABS no person shall access GR in Uganda unless that person has obtained a written PIC from, and entered into accessory agreement with lead agency, local community or owner, carried out EIA, entered into MTA and obtain an access permit. This is being enforced by the CNA in collaboration with relevant ministries, departments and agencies
The CNA may at any one time revoke an access where the collector fails to comply with terms of MTA or with any conditions prescribed in the access permit; the collector has violated any of the provisions of the national legislation on ABS; or there is need to protect the public interest, the biodiversity and environment.GR shall not be put to any other use other than one agreed upon in the MTA. It is a breach of MTA and an offence for an applicant to transfer any GR to a third party without a written consent of the CNA. A person who accesses or exports or deals GR without obtaining a PIC or entering into accessory agreements or MTA commits offence. A person who commits these offences is liable, on conviction, to a fine not less than one hundred and eight thousand Uganda shillings and not exceeding eighteen millions Uganda shillings or to imprisonment not exceeding eighteen months or both.
No
No case registered yet. However the national legislation on ABS has provision for transport or movement of GR through Uganda. The person transporting or moving GR through Uganda is required to declare the GR in his or her possession to customs control and is required to provide evidence of lawful acquisition from the country of origin at the point of entry and exit and in any other part of Uganda as may be required.
Yes
Yes
No
No case registered yet
The requirement for an access permit is being enforced. However capacity building for CNA and lead agency on use of ABS-Clearing is planned to enable full sharing of the information on ABS-Clearing House
Yes
No person shall access GR in Uganda unless that person has obtained a written PIC from, and entered into accessory agreement with lead agency, local community or owner, obtained a MTA and an access permit. The person transporting or moving GR through Uganda is required to declare the GR in his or her possession to customs control and is required to provide evidence of lawful acquisition from the country of origin at the point of entry and exit and in any other part of Uganda as may be required. A person who accesses or exports or deals GR without obtaining a PIC or entering into accessory agreements or MTA commits offence is liable, on conviction, to a fine not less than one hundred and eight thousand Uganda shillings and not exceeding eighteen millions Uganda shillings or to imprisonment not exceeding eighteen months or both.
Yes
CNA requires submission of written PIC and other accessory agreements before an access permit is issued to the applicant
No
Not selected
Check points are yet to be established. Capacity building is needed for ministries, departments and agencies and other stakeholders on the implementation of the Nagoya Protocol before establishing check points. Currently there is a gap in knowledge about the Nagoya Protocol on ABS and how to enforce its provisions.
Yes
In the national ABS legislation a collector is required, upon obtaining MTA, to submit to the CNA and lead agency a regular status report on the research and development relating to the GR concerned
Yes
The national legislation provides for public awareness on ABS and designing of capacity building programmes. ABS is part of the awareness programmes on environment by Government. The world environment day has been used as platform to raise awareness on biodiversity and this includes awareness ABS and GR.
No additional information provided
Not applicable, since no access requirements are in place
Yes
The national legislation on ABS has provisions for the collector to provide for the manner of sharing benefits arising intellectual property rights accruing from GR; the collector shall not transfer GR to a third party without the consent in writing, of the CNA; the collector shall not apply for a patent or other intellectual property right over the GR with consent, in writing, of the CNA. In terms of dispute resolutions, this is done in accordance with the relevant laws of Uganda. There is an Arbitration and Mediation Act which provides a mechanism for alternative dispute resolution. The Act allows for Parties to appoint a mediator to help resolve the dispute that may arise, in this case for example the dispute could be in relation the terms and conditions that were stated in the MTA with regard to utilization of the GR that has been accessed from Uganda.
Yes
In the event that the arbitration and mediation does not resolve the dispute,the Party is at liberty to file a formal suite in the courts of law. Depending on the monetary value of the subject matter, the case may be presided over by a Magistrate or a Judge.
Yes
Article 50 of the Constitution of the Republic of Uganda gives a person the right to apply for redress which may include compensation upon violation of their fundamental right. In the case of GR if the GR is owned by a lead agency or local community or an individual, this would would be an issue of the right to property. The lead agency or local community or the person would apply to a competent court for redress.
Yes
Article 126 of the Constitution of the Republic of Uganda established the judicial system for granting redress and approval. It is under the judicial system that the rules for enforcement of foreign judgement is established. In adjudicating cases of both a civil and criminal nature, the courts shall, subject to the law, apply the following principles:
(a) justice shall be done to all irrespective of their social or economic status;
(b) just shall not be delayed;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) reconciliation between the parties shall be promoted; and
(e) substantive justice shall be administered without undue regard to technicalities.
No additional information provided
Yes
One of the objectives of the national legislation on ABS is prescribe procedure for accessing GR for scientific research. The regulations do not apply to approved research activities intended for educational purposes by Ugandan institutions recognized by the CNA, and which do not result in access to GR for commercial purposes of export to other countries.
Yes
Though not explicit on emergencies that threaten or damage human health, the national ABS regulations does not apply to the following situations:
(a) Where the exchange is done by local community among themselves and for their own consumption;
(b) Where the exchange is certified to be purely for food or other consumptive purposes as prescribed by the relevant laws
Yes
The national legislation on ABS has no specific provision on this but need for expeditious access to GR in situations of . During the review of the legislation this will be incorporated
Yes
The national ABS legislation does not apply where the exchange is certified to be purely for food or other consumptive purposes as prescribed by the relevant laws
No additional information provided
Yes
Yes
The national legislation on ABS defines local communities as indigenous community of Uganda as provided for in the Third Schedule of the Constitution of the Republic of Uganda, or any clan or sub-clan of indigenous community communally occupying, using or managing land in which the GR are found. The legislation requires the lead agency to ensure that the rights of local communities which use, collect or research into GR are protected, including verifying the compliance with consent requirements.
Yes
The national ABS legislation empowers local communities to grant PIC and to enter into an accessory agreement with the applicant who intends to access GR owned by local communities
Yes
The national ABS legislation empowers local communities to grant PIC and to enter into an accessory agreement with the applicant who intends to access GR owned by local communities
Yes
Where a person intends to access GR on land which is occupied, used or managed by a local community, the PIC and accessory agreement shall be concluded between the applicant on the one part, and the relevant lead agency and the lowest unit of the local government or authorised agent of the local government representing the local community, on the other part.
Yes
It is not explicitly stated in the current ABS legislation. It will be included when the legislation comes under review.
Yes
Not explicitly stated but local communities are empowered to grant PIC and this provides the window for issues on traditional knowledge associated with the GR to be pointed out for negotiations
No selection made
No selection made
No selection made
No selection made
Yes
Development of community Protocols, minimum requirements for MAT and model contractual clauses is planned to be undertaken from a GEF project on strengthening institutional framework for implementing the Nagoya Protocol on ABS. This is under GEF6 STAR allocation to Uganda.
The national ABS legislation does not apply where the exchange is certified to be purely for food or other consumptive purposes as prescribed by the relevant laws. The legislation does not also apply to situations where the exchange is done by a local community among themselves and for their own consumption.
No selection made
No additional information provided.
Yes
One of the objectives of ABS legislation is to promote the sustainable management and utilization of GR, thereby contributing to the conservation of the biological resources in Uganda. The MTA provides for sharing of knowledge that is relevant to the conservation and sustainable use of biological diversity.
No answer provided
The Nagoya Protocol on ABS re-enforces Uganda’s effort is sharing of benefits arising from utilization of GR. This is provided for in the National Environment Act, the ABS legislation and sectoral laws especially the Uganda Wildlife Act Cap 200
No additional information provided.
Yes
Uganda has taken measures to ensure effective participation of indigence and local communities in the implementation of the Nagoya Protocol on ABS. Representative of indigenous and local communities are among the partners that will be engaged in the implementation of an upcoming GEF supported project on Institutional Capacity Strengthening for Implementation of the Nagoya Protocol on ABS in Uganda. These are the Karamoja Women Cultural Group which will provide USD100,000 as in-kind contribution to the project and the United Organization for the Batwa Development in Uganda that will provide USD 200,000 as in-kind contribution to the project. The objective of the project is to strengthen institutional capacity for effective implementation of the Nagoya Protocol and to conduct an effective awareness campaign on ABS in Uganda. The project will among others:
1. Review the existing national legislation to harmonize it in line with the provisions of the Nagoya Protocol on ABS;
2.Guidelines for accessing genetic resources and benefit sharing in Uganda will be reviewed and updated in line with the Nagoya Protocol on ABS;
3. Systems for management of permits for ABS by CNAs will developed and implemented;
4. Government agencies at national and sub-national level will trained on the implementation of Nagoya protocol including use of ABS-CH and appropriate institutional framework will be established on the implementation and enforcement of Nagoya Protocol ABS;
5. Check points for monitoring compliance to PIC and MAT will designated, trained and operationalized;
6.Information on PIC, MAT and origin of genetic resources will collected, verified and properly documented to facilitating reporting and sharing of this information through the ABS-CH;
7.Scientists, social workers and lawyers will be trained on ABS including PIC and MA;
8.Capacity of the National Environment Management Authority and the CNA to be strengthened for effective implementation of the Nagoya Protocol on ABS;
9.Model contractual clauses, codes of conduct on best practices on ABS will be developed and piloted;
10. Community protocols on access to traditional knowledge associated with ABS will be developed and piloted in Karamoja region and for the Batwa in south western Uganda; and
11. More CNAs to be designated to enhance enforcement of the Nagoya Protocol on ABS
Through the East Africa Community protocol on environment and natural resources which has provisions on ABS. There are also a number of on-going trans-boundary projects, programmes and agreement between Uganda and neighbouring countries for example the Lake Victoria Environment Management Project (Uganda, Kenya, Tanzania); Lake Victoria Fisheries Organization (Uganda, Kenya, Tanzania); Virunga Trans-boundary Cooperation (Uganda, Democratic Republic of Congo, Rwanda and Tanzania); Man and Biosphere Reserve ( for Mount Elgon - Uganda and Kenya); and Collaborative Cross Border Wildlife Management (Uganda and South Sudan).
Not applicable, since there are no indigenous and local communities in my country
Yes
Through trans-boundary or cross-border projects
No additional information provided
No
This is planned to be undertaken from a GEF project on strengthening institutional framework for implementing the Nagoya Protocol on ABS.This is under GEF6 STAR allocation to Uganda.
Yes
Guidelines for accessing genetic resources and benefit sharing Uganda developed in 2007
No additional information provided
Yes
Yes
Awareness on ABS part of the activities on public education on ABS. It is also embedded Government on-going programme on implementation of NBSAP, the Uganda Wildlife Act, the National Forestry and Tree planting Act and the National Environment Act
Yes
Yes
On-going. A number of officers trained on ABS with support from GIZ through the ABS Development Initiative. More capacity building is planned to be undertaken from a GEF project on institutional capacity strengthening for implementing the Nagoya Protocol on ABS (see number 48).
Yes
Uganda has benefited from Capacity Building under the GIZ ABS initiative. Financial support expected from a GEF from GEF6 allocation to Uganda for a project on strengthening institutional framework for implementing the Nagoya Protocol on ABS. PIF has been technically cleared by GEF STAP and is now awaiting endorsement by GEF Council (at its next sitting in November 2017)
No
No additional information provided
Yes
Uganda National Council for Science and Technology (which is the CNA) reviews and approves applications for research in Uganda. Issues on collaborative research, capacity building and sharing of information among among those that are considered during the review process.
No additional information provided
No major technical difficulties encountered. The major challenge was administrative but this was overcome through strategic lobbying.
Yes
Government has on-going programme ABS by the CNA and also support for implementation of the revised NBSAP. The revised NBSAP has national targets on ABS.
Financial resources from Government is inadequate. Additional resources needed for more effective implementation of the Nagoya Protocol.
Yes
Yes
Yes
Targets and activities for the Protocol are included in the revised NBSAP (2015 – 2025). The NBSAP has been mainstreamed into the National Development Plan II and hence issues on ABS are among the priority areas for Government. Subsequently NEMA on behalf of Government has established an on-going programme for implementing NBSAP and this includes issues on ABS. Furthermore Government prioritized implementation of the Protocol under its GEF6 allocation (USD 2.9 million is expected from the GEF).
Government is providing the financial support through its Annual Budgeting Process. The support from GEF stated in 62(b) above is still in process.
Yes
Less than 5
There are only two officers directly assigned to handle implementation of the Nagoya Protocol on ABS - the ABS National Focal Point and the CNA. The two officers are stretched taking into account that ABS is an additional assignment and not their day to day work. Effective implementation of the Protocol is therefore a challenge
No information provided
The format is relatively easy to understand. However some questions look similar or tend to be repetitive for example question number 7 and 8; 12 and 13; 42 and 51.
