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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 06 Jun 2019
Samoa - Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-WS-240257-3
ABS National Focal Point
Ms. Lealaisalanoa Frances Brown Reupena
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
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No
a) Samoa has only provided information on the national focal point (Article 14.2(b)) as of November 2018.
b) There is a need for dedicated budgetary resources for training on type of information to input into the ABSCH and how to use it.
c) Also assistance is needed link national databases containing national data and information relevant to ABS on to the ABSCH.
d) There is need for institutional strengthening as national capacity to implement an effective ABS regime consistent with the Nagoya Protocol is low especially with the limited government resources.
e) There is a need for training on the of roles and requirements of key players to implement ABS regime (For example the Competent National Authority, National Focal Point, Institutions nominated to be checkpoints).
Yes
The Ministry of Natural Resources and Environment (MNRE) have administrative measures in place on accessing ABS. ( ie the Consent Application form for collection of Samoa’s Biological and Non-Biological Resources) . There is also a Letter of Agreement (LoA) for local collection and export of biological and non-biological resources.
However, there is no formal ABS policy as yet and no legislation although these have legislation has been drafted under the Draft Environment Management Bill that is under final legal review.
Yes
Samoa’s National Focal Point is the CEO of MNRE Ulu Bismarck Crawley as updated 30 September 2018. See https://www.cbd.int/doc/lists/nfp-abs.pdf
Note - Position may be delegated within MNRE to official to carry out Article 13 obligations Eg NFP.
No
The government is in the process of identifying who should be competent national authorities (CNA) such as the Scientifc Reseach Organisation of Samoa (SROS|), the MNRE and Agriculture and the Minstry of Revenue (Customs Division). Meantime, the Ministry of Natural Resources and Environment through its Division of Environment and Conservation is administering the CAN role.
None listed as of 2 October 2018. See: https://absch.cbd.int/search/nationalRecords?schema=authority
No selection made
No
Samoa has not made available to the ABSCH permit or there equivalent at the time of access as evidence of PIC and the establishment of MAT although it does have access forms and LOAs from accessing arrangements that could be uploaded to the ABSCH in the interim.
The Global ABS project for Samoa is currently working to develop a Traditional Knowledge Database that will assist with the documentation, retrieval, and management of data and information relating to ABS in particular the traditional knowledge, and bio-discovery, PIC and MAT. All information will be uploaded to the Database and will make links and uploaded to the ABSCH once design is being completed and information entered.
Not applicable, since no access requirements are in place
No
No permits have been made available to ABSCH to date (as of November 2018) for the constitution of an IRCC.
The plan as mentioned above at No.7, permits will make available on the ABS Database and again will be uploaded on to the ABSCH soon once ABS Database is being finalised.
No
No formal designation of checkpoints as yet. However the Draft Environment Management Bill section on ABS currently being finalized, provides for appointment by the Minister of designated checkpoints with functions described in Article 17(1) and is chosen based on the particular characteristics of a designated checkpoint and subject matter in question. As Article 17 notes, checkpoints will provide information on the utilization of genetic resources, or to the collection of relevant information at the different stages of research, development, innovation, pre-commercialization or commercialization. Relevant agencies in Samoa could include the Ministry of Revenue (MOR) (Customs Division), Ministry of Health (MOH), Ministry of Foreign Affairs and Trade (MFAT), Ministry of Commerce Industry and Labour (MCIL) , Samoa Bureau of Statistics (SBS), National University of Samoa (NUS), SROS and MNRE. Capacity building for the checkpoints is an important priority especially the ministries outside MNRE are not familiar with the requirements of this role or the Nagoya Protocol generally.
No additional information provided
The institutional capacity of checkpoints under contemplation needs to be strengthened. For example understanding their roles and how they link up to the national competent authority. The status quo is that research organisations are entering into their own institutional arrangements with bioprospectors and foreign research institutions and there is the arrangements on PIC, MAT and BS are confidential. Tranparency on information on these arrangements is needed. There is also need for training on their roles as checkpoints under the Nagoya Protocol.
Yes
There a no law or national policy that specifically requires that access to genetic resources is subject to PIC.
There is an administrative requirement in the MNRE bio-prospecting form that states that consent of the landowner must be given to access biological resources. MNRE facilitates this consultation.
The LOA between MNRE and overseas organizations, research/education institutions, government ministries or non-government organizations and community organizations or Societies states that an application fee of $SAT500 tala be paid once MNRE provides consent to access and take samples.
There is an administrative requirement in the MNRE bio-prospecting form that states that consent of the landowner must be given to access biological resources. The MNRE also facilitates the process to get consent from the Ministry of Women, Community and Social Development (MWCSD) which services include matters pertaining to the involvement of communities through mayors of village that works for the MWCSD.
There is no law or national policy that specifically requires that access to genetic resources is subject to PIC. However, the current revision of the Environment Management and Conservation Bill 2019 (“The Bill”) includes ABS considerations in which the Bill will soon become an Act for which we are targeting the end of March 2019 for the submission to Cabinet for endorsement. The Regulation to provide details of the process and procedures necessary for accessing genetic resources and its related requirement is now underway and will be soon submitted for endorsement once The Bill is being endorsed by Cabinet.
The Letter Of Agreement (LOA) between MNRE and overseas organizations, research/education institutions, government ministries or non-government organizations and community organizations or Societies states that an application fee of SAT$500 tala be paid once MNRE provides consent to access and collect samples.
Yes
Samoa’s rules and procedures on accessing genetic resources apply to all prospectors in a fair and non –arbitrary manner and are set out in the current MNRE administrative note for accessing genetic resources. They will also be set out in the provisions of ABS provisions of the Draft EMC Bill 2018.
No
There is no formal law for information on how to apply for PIC as provided for in Article 6.3(c).
However before bio-prospector can access and use of genetic resources in public land, the government needs to give its consent (PIC). MNRE provides information to the bio-prospector on how PIC will be given. If access is proposed to village community lands, then under the current arrangements, a permit needs to be approved by MNRE but customary land owners where the resources are located, must be involved, have their protocols respected and provide their PIC as well. The same procedure also applies the owner of freehold land.
These arrangements will be formalized in the proposed EMC law.
Under the Global ABS project for Samoa that is currently under implementation, the community protocol and guidelines are developing to guide the process when using traditional or customary lands.
No
No Competent National Authority is reflected in law as yet but MNRE may be described as the de-facto Competent National Authority for current purposes.
The proposed ABS law set to be passed 2018/2019 states that the Competent National Authority may approve or decline an application on the basis of a report on the submissions made in relation to an application to access the genetic resources. This report will contain all the relevant details to inform the Competent National Authority to approve or decline an application.
Yes
PIC must be established before issuance of the permit as evidence of the decision to grant PIC and the establishment of MAT under the current administrative arrangements. This will be further reinforced with the proposed ABS law set to be passed in 2018 or 2019.
8
No
The current MNRE Administrative Note on accessing genetic resources does set out a process for MAT where MNRE and local communities are concerned. The (LoA) for local collection and export of biological and non-biological resources provides
“…6. Benefit Sharing:
Subject to mutually agreed terms:
6.1 All relevant traditional knowledge and practice are to be acknowledged and considered in any subsequent benefit sharing upon the prior consent of the Chief Executive Officer of MNRE before such benefit sharing is considered".
- Note the LOA does not provide for MAT in relation to benefits from genetic resources
- However Rules and procedures for requiring and establishing MAT for GR and TK are contained in the proposed ABS provisions in the EMC legislation under preparation
Yes
Yes
Revenue received by the Ministry for Research application process fees.
Yes
Capacity building and hands on training opportunities for research assistance and attachment both for assigned personnel from the Ministry and local members of the community/village involves in the research field research.
Since the entry into force of the Protocol, the benefits received have mainly been revenue from access fees. To date, a total of SAT$7,500 tala have been recorded from seven application received and approved. Other non-monetary benefits include capacity building and hand on training of field assistants both assigned from the Ministry and local members of the village. It is unclear what other benefits have been generated for Samoa and for landowners and suggest a need for a review and analysis of the monetary and non-monetary benefits accruing.
Since ratification of the Nagoya Protocol for Samoa there has been no research recorded utilizing or associated with traditional knowledge.
No additional information provided
• No centralised control /permitting system recogised and enforced. For example other research institutions entering into own ABS arrangements with for example other research educational institutions or even SROS (Scientific Research Organisation of Samoa)
• Prospectors entering into indirect/side arrangements with local communities potentially not involving MNRE and low capacity within the Ministry to verify compliance and enforcement;
No
Samoa is yet to enter into any arrangement to share the benefits arising from its use of genetic resources with a country of origin of those resources and this extends to subsequent applications and commercialization of those resources.
Yes
Samoa has taken administrative and policy measures to ensure its local communities benefited from the utilisation of their genetic resources in arrangements between Government and overseas bio-prospectors. Much of this activity occurred in the 1980s before the Nagoya Protocol came into existence. The BS rights of local communities in relation to TK are reflected in the current administrative ABS operational note and are provided for in the proposed Draft EMC Bill.
Yes
The arrangements referred to above in relation to the plants taken from the village of Falealupo did recognise benefits arising from the use of traditional knowledge flowing back to the traditional healers who had identified the plant with properties that could potentially cure AIDs. This was before the Nagoya Protocol. In the proposed ABS legislation EMC Bill 2018|) - BS for the TK of local communities is provided for.
No additional information provided
Identifying TK owner where GR is shared by local communties within the same location or different locations and TK is shared among them;
The reluctance of TK holder to register /document their knowledge as it is secret knowledge passed down the family tree;
Identifying and negotiating a fair return when the GR has not realised its full commercial value.
No
No selection made
No selection made
Samoa has administrative measures in place to ensure GR accessed in its jurisdiction have been carried out in accordance with its PIC. However ABS legislation with provisions on MAT is still pending. Ensuring compliance with the MAT regulatory requirements of another Party is not a matter that has arisen for Samoa.
No
No selection made
No selection made
Samoa has administrative measures in place to ensure TK accessed in its jurisdiction have been in accordance with PIC of the relevant traditional knowledge holder in the local community. For example in the LOA template prepared by MNRE. However ABS legislation with provisions on MAT for TK is still pending. Ensuring compliance with the MAT regulatory requirements of another Party is not a matter that has arisen for Samoa.
No
No selection made
No. Designed Checkpoints as yet but will be addressed in pending Draft Environment Management Bill containing provisions on ABS.
No
Not selected
There is a need for agreement within government on who will be the Designated Checkpoints
The situation will be clarified once ABS legislation passed into law and requirement of Designated Checkpoint is made mandatory
There is limited national government capacity to train designated checkpoints on their respective roles and many competing national priorities.
Yes
MNRE has been encouraging providers and users to address MAT monetary/non-monetary benefits where it has been directly involved in facilitating consultations between the users and holders of the resource.
Information sharing on MAT involving research institutions is an area where transparency could be improved.
No
The monitoring of the ultilisation of the genetic resources has not been addressed. There is a need to set up these tools such as a dedicated email address for ABS, checklist on the incoming Immigration Form and biosecurity scanning for exports.
MNRE is currently working to develop ABS Database Management system to post information, tools, forms, guidelines to help users and providers understand the requirements and processes for ABS in Samoa.
No additional information provided
a) There are not enough dedicated personal. Only 2 people working on ABS in MNRE (they over committed in terms of workload)
b) National budgetary resources –dependent mainly on project funds from donors
c) Need for specialised TA to assist with NP implementation.
d) Capacity building and institutional strengthening is required.
Not applicable, since no access requirements are in place
Yes
In Samoa, alternative dispute resolution mechanisms are encouraged by the Courts in civil matters brought before them in the first instance. In the local community setting, many disputes are resolved by consensus as a matter of custom. Where a dispute arises in relation to MAT it is likely dispute resolution will be the first preferred option in both the legal and traditional systems.
Yes
Disagreement over terms of an agreement gives rise to an action for breach of contract and may be heard in the Courts of Samoa.
There are traditional village mechanisms (such as meeting of the village chiefs ) where issues such as MAT may be discussed where it concerns village lands.
MNRE is also available to assist traditional land owners with issues such as MAT.
Yes
Samoa legal system allows for all Parties whether a citizen of Samoa or not, access to justice. It is written into Samoa’s Constitution.
AND
Utilization of mechanisms regarding mutual recognition and enforcement of foreign judgements and arbitral awards?
Yes
Samoa has a Reciprocal Enforcement of Judgments Act 1970. The purpose of the Act is to make provision for the enforcement in Samoa of superior Court judgments given in foreign countries which afford reciprocal treatment to superior Court judgments given in Samoa, for facilitating the enforcement in foreign countries of such judgments given in Samoa, and for other purposes in connection with the matters aforesaid.
No additional information provided
Education and Public Awareness on MAT in the context of ABS and the nonmonetary and monetary benefits especially in the Samoan language, is an issue that needs to be addressed.
Dedicated resources are needed for capacity development of local communities, research institutions, private sector and ABS officials.
Yes
Samoa’s Scientific Research Organisation was established to inter-alia- (a) promote the national economy of Samoa based on research and development; (b) to undertake scientific and technical research with the primary aim of adding value to local resources or services; (c) to develop functional prototypes of products and processes based on scientific and technical research for the local or overseas markets. The organisation’s research into marine living organisms for anti obesity cure has generated much interest.
In the proposed ABS legislation Minister [of Environment] may consider waiving certain requirements of local research institutions from compliance where the researh is for bona-fide research purposes in the national interest, where the institution is in promoting conservtion and sustainability or relates to emergencies that threaten human, animal or plant life.
Yes
This is covered in the proposed legislation above.
Yes
This is covered in the proposed legislation above.
Yes
This is covered in the proposed legislation above (Food Security is in the national interest)
No additional information provided
No national ABS policy exists at present. Need for National ABS Policy that outlines respective roles of all relevant ABS stakeholders (also translated into Samoan). It should outline opportunities, conditions to promote and encourage research which contributes to the conservation and sustainable use of biodiversity. Dedicated TA and resources are needed to do this
Yes
Under International Law Samoa indigenous communities have self-determined and are considered to be ‘people’. The people are the sum total of the local communities within them. There are around 310 villages in Samoa who inhabitants are indigenous to their land and culture.
Yes
Under Samoa’s Constitution (section 101), all land in Samoa is either customary land, freehold land or public land. Customary land means land held from Samoa in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage. Freehold land means land held from Samoa for an estate in fee simple. Public land means land vested in Samoa being land that is free from customary title and from any estate in fee simple. Under the Constitution of the Independent State of Samoa 1960, section 47, Parliament (comprised of the Head of State and the Legislative Assembly) has the powers to make laws. The Constitution also provides in Article 104, “…Subject to the provisions of any Act, all land lying below the line of high-water mark shall be public land...”
It would probably be fair comment to state that most if not all villages see land, mangroves, adjacent coastal marine areas and all the resources including genetic resources in them as their own. Government is sensitive to these issues and this may be evidenced in the MNRE bioprospecting access form where MNRE introduces the bio-prospector to the village who provides the consent for the biological resources to be accessed. The few occasions when government is seen to enforce their ownership would be in relation to the requirement to get a permit for bioprospecting, sand-mining and in relation to reclaimed land for which permission is required from the Land Board and afterwards lease payments made to it.
Yes
PIC of local communities is a condition of access in the MNRE Bio-prospecting Access Forms. It shall also be contained in Samoa’s law on ABS in the proposed EMC Bill intended to become law 2018/2019.
Yes
Yes
ABS law is under development, Rights of TK holders to have their TK associated with GR subjected to their PIC and on MAT is to be found in current access arrangements prepared by MNRE involving local communities (For example LOA templates for collection of biological resources cited above.. MOAs predating the Nagoya Protocol involving Government and Research Institutions have made provision for TK rights. This has also been reflected in LOAs between local communities and users.
Yes
Respect for community protocols and procedures of local communities is what deeply ingrained in Samoan culture. Access forms issued by MNRE provide for these to be respected and accounted for.
Yes
MNRE has been support local communities, including women within these communities with information in workshops to assist them with :
• Understanding elements to take into account for mutually agreed terms to secure the fair and equitable sharing of benefits arising from the utilization of TK associated with genetic resources; and
• Filling in relevant clauses for benefit-sharing arising from the utilization of TK associated with GR.
• Awareness raising on ABSCH needed.
No selection made
Yes
Community Protocols belong the community and each village has had its own protocol from time immemorial. However, in terms of developing specific community protocol and guidelines, the MNRE through Global ABS project for Samoa is currently working with the communities to develop their community protocol and guidelines to guide bioprospecting activities at the village and community levels. This was made possible through the technical assistance provided through the ABS Global project for Samoa to recruit Dr Alphonse as a consultant to assist the Government (MNRE) for this development.
Yes
MNRE has been assisting villages explain MAT and miminum requirements on a case by case basis.
Yes
Model Contract Clauses need to be developed further. In the schedule to the proposed ABS legislation generic contracts “…setting out the terms for the access to genetic resources and for traditional knowledge associated with that access..”, and “… utilising the genetic resources and for transfer to third parties and subsequent use of the accessed genetic resources or their derivatives and for the sharing of benefits drawn from the same…”, have been developed.
No
This is not an issue that has warranted the government’ s attention to date.
No selection made
No additional information provided.
• Reluctance of TK holder to share what has been passed down from generation to generation;
• Unwillingness to place TK in a ‘trusted’ third party site for ‘protection’.
• Uncertainty about status of proposed sui-generis TK legislation and policy
• The fact that TK is out there with little financial benefit to the TK holder and wariness to further share.
Yes
The objectives of the proposed ABS legislation include (a) to promote the fair and equitable sharing of benefits arising from the utilization of genetic resources and subsequent applications as well as traditional knowledge related to those resources and (b) contributing to the conservation of biological diversity and the sustainable use of its components.
No answer provided
Efforts to ensure ABS regimes in place goes hand in hand with efforts to conserve Samoa’s terrestial and marine biodiversity as evidenced in marine protected areas, forest conservation areas and parks, community protected areas which are abundant with GR.
No additional information provided.
Yes
As indicated in 40 above Samoa is made up of local communities. Similarly other Pacific Islands are made of peoples and indigenous communities. Samoa along with these other countries and territories is a member of regional IGOs such as the Pacific Community and the Secretariat of the Pacific Regional Environment Programme. The issue of transboundary cooperation features in many of the meetings and workshops organised by these organisations.
Not applicable, since there are no indigenous and local communities in my country
Yes
Open to cooperate although there is not much happening on this front at present other than regional meetings where the possibility of cooperation is discussed.
No additional information provided
Normally TK is discussed in regonal meetings in preparing for the CBD COP and the NP MOP. TK holders from several Parties sharing the same GR not normally together at this meeting attended by policy makers, negotiators, Environment Ministry Officials.
Sui Generis Law recognising Traditional Biological Knowledge has been under development promoted by Ministry of Commerce Inductry and Labour and the Samoan Law Reform Commission, but this work has not progressed further and reconciled against the ABS TK work being promoted by the Ministry of Natural Resources and Environment.
Yes
Yes, model contract clauses are encouraged to promote agreements that address all the key ABS elements such as PIC and MAT. Samoa is working with SPREP and UNEP in this regard.
Yes
As above. Samoa is working with SPREP and UNEP in this regard.
No additional information provided
a) Need for model contract clauses to be understood
b) Need for them to be in Samoan language
c) Natural tendency to want BS now
d) Hard to incorporate terms on BS that happen some time in the future
e) Local communities Research Institutions entering into arrangements without fully addressing ABS elements of PIC, MAT, BS.
Yes
Yes
a) National workshops involving all key stakeholders (Government, civil society, the privarte sector, local communities including traditional healers
b) Community Consultations involving all districts of Samoa..
c) Bilateral discussions between MNRE and other Ministries (MOA, MCIL) and Research Insitutions (SROS, NUS) and IGOs (SPREP).
Yes
Yes
a) SWOT and GAP analysis have been conducted to identify how Samoa can better meet its commitments under the NP.
b) National Workshops involving all relevant ABS stakeholders have been held and provided for interactive discussion on the capacity needs of the country.
c) Community level consultations
d) Governmnt budget provides for ABS personnel (2)
e) Government brings together stakeholders who have an interest in ABS together to discuss ABS developments (for example MNRE, MAF, SROS, NGOS, Traditional Healers
Yes
IDLO ABS Initiative
UNEP
UNDP
SPREP
CBD Secretariat
No
No additional information provided
Institutional, Financial, Technical capacity to implement NP is low and TA is needed across these areas not just for government officials but for local communities and the research sectors.
With few resources dedicated to ABS it is difficult to have a transparent and accountable ABS regime in place.
Yes
Samoa has a dedicated Scientific Research Organisation that is extracting genetic resources from marine and terrestrial living organisms to meet the objective of the convention. SROS and NUS have collaborated with overseas research institutions sharing genetic material.
No additional information provided
Samoa is a Party to the Nagoya Protocol. Some of the challenges for meeting its commitments as a Party have been highlighted above and include:
a) There a few dedicated staff in government working on ABS issues to have an institutional machine capable of ensuring implementation, monitoring and reporting requirements are carried out to full capacity
b) There is a need to involve other Ministries and research institutions in the national response to met the Nagoya Protocol by building their capacity to know their roles and resourcing their work
c) While there is general awaress around the need for PIC, MAT, BS in the communities because of Samoa’s exposure to biopropecting arrangments in the past before the entry into force of the Nagoya Protocol, there is little awareness of the specfic meaning of these terms, a need for these terms and LOAs to be translated into Samoan to they can be better understood, legal assistance to develop and Model Contractual Terms especially how to generate benefits from utilization from GR that may not be evident in the short to medium term.
Yes
Ministry of Finance hold funds for implementation of Nagoya Protocol and disbruse it to MNRE following rules and procedures for disbursement of such funds.
Yes
Yes
Yes
The experience on mobilization of resources in support of implementation of the Protocol have been positive to take preliminary steps to ensure Samoa is meeting its obligations. More resources are needed to have a comprehensive regime especially at the institutional level (Noting that a law will soon be developed).
Funds mobilized in support of the implementation of the Protocol come from various sources.
1] External Sources such as from the GEF via UNDP/UNEP/SPREP
2] Revenue raised from access fees
3] Government Budgetary allocation for government positions
Yes
Less than 5
The staff working on the implementation of the Nagoya Protocol are also involved in CBD issues generally as well as national environment priorities generally.
There is limited national budgetary resources to carry out Nagoya Protocol Activities
No information provided
The format as presented is fine. It provides flexibility for brevity and conciseness on one hand or detailed information on the other.
