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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 11 Jul 2018
Interim National Report on the implementation of the Nagoya Protocol
CHM-NFP-ZM-209830-3
ABS National Focal Point
Mr. Allan Dauchi
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
In the interim, the country has already defined the institutional arrangements for implementing the Protocol. However, this institutional arrangement has not been operationalized due to the following challenges:
1. Regulations to operationalize the law fully are not in place;
2. Governing instruments (such as MoUs, guidelines) not in place ;
3. Inadequate funding.
Yes
1.The Commencement Order for the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016 not in place;
2. Regulations to operationalize the law fully are not in place;
3. MoUs or guidelines on ABS are not in place.
While the legislation on ABS is not in force, there is an interim mechanism for granting access permits through Patents and Companies Registration Agency (PACRA). The country has also enacted and adopted supporting laws and policies such as the:
1. Principal Act for the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016;
2. Wildlife Act No. 14 of 2015;
3.Biosafety Act No. 10 of 2007;
4. Environmental Management Act No. 12 of 2011;
5. Forest Act No. 4 of 2015;
6. Forest Policy of 2014;
7. National Heritage Conservation Policy of 2018;
8. National Intellectual Property Policy of 2018.
Yes
No challenges encountered.
Yes
The diversity of genetic resources and traditional knowledge in Zambia made it difficult to adopt a Competent National Authority.
No selection made
No
The country has been issuing access permits for a number of genetic resources before ratifying the Nagoya Protocol. The country is in the process of harmonizing the current system with the Nagoya Protocol on Access and Benefit System.
Not applicable, since no access requirements are in place
No
Yes
No challenges
The checkpoints are already existing which need to be upgraded in accordance with the Nagoya Protocol.
No additional information provided
The Forest Act 2015.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Forest%20Act%202015.pdf)
The Zambia Wildlife Act No 14 of 2015 - Part 1.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Zambia%20Wildlife%20Act%20No%2014%20of%202015%20-%20Part%201.pdf)
NBSAP2.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/NBSAP2.pdf)
EMA.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/EMA.pdf)
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
Users apply to the focal point on the intended use and scope of the access. Then the focal point examines the application and makes a recommendation to the Competent National Authority for issuance of an access permit.
Yes
Yes
The Ministry of Lands and Natural Resources which is the focal point informs stakeholders where to apply for PIC.
Yes
The application for PIC is expected to be processed within 60 days
Yes
Permit is usually issued for a period of 3 years subject to renewal.
0
The country has never received any application for commercial purposes, however application for research purposes have been four.
Yes
No selection made
None
No additional information provided
Yes
The policy and the law on ABS are in place. Nonetheless the Commencement Order and implementing regulations have not been issued.
Yes
The policy and the law on ABS are in place. Nonetheless the Commencement Order and implementing regulations have not been issued
Yes
The policy and the law on ABS are in place. Nonetheless the Commencement Order and implementing regulations have not been issued
No additional information provided
1. Financial constraints have delayed the completion of the regulations.;
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
Yes
No
Yes
Yes
No
The country has not yet received a request for cooperation.
Yes
Yes
No
Not selected
The law was developed recently and we are putting in place administrative guidelines for implementation.
0
Yes
No
No additional information provided
Not applicable, since no access requirements are in place
Yes
The law provides for dispute resolution
Yes
There are appeal procedures under the courts of law.
Yes
Yes
No additional information provided
Yes
No
No
Yes
The law covers all genetic resources in the Convention and the Protocol including Genetic Resources for food and agriculture.
No additional information provided
In recent cases such as the cholera outbreak, expeditious access to the cholera bacteria was done outside the nagoya protocol implementation framework due to the cholera being treated as a pandemic which needed to be handled expeditiously. Secondly, access and benefit sharing in the country is relatedly a new issue and the implementation framework for access and benefit sharing is not fully in place.
Yes
We only have local communities.
Yes
The law gives the local communities the right to grant access in consultation with the Competent National Authority
Yes
Yes
Yes
Yes
Yes
No selection made
No selection made
Yes
The community protocols are not yet developed. The Minimum requirements for MAT are provided for in the law.
Yes
Draft Contract Agreements have been developed as part of the implementing regulations.
Yes
Section 3 (1) of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016
No selection made
No additional information provided.
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
Sections 36 (b) (c) & 43 (k) of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore No. 16 of 2016
No answer provided
The country is in the preliminary stages of implementing the Protocol hence it is too early to evaluate the contribution to conservation and sustainable use of biodiversity.
No additional information provided.
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
Sections 35 (2) of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore No. 16 of 2016
The country is currently participating in 3 trans-frontier conservation agreements
Not applicable, since there are no indigenous and local communities in my country
Yes
Sections 4 of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore No. 16 of 2016
No additional information provided
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
Yes
Sections 18 (4), 19, 20, 23, 25, 28, 32, 37, 38, 39 of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore No. 16 of 2016
No additional information provided
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
Yes
Awareness raising is covered under the of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore No. 16 of 2016
1.The Sections 6 (a) of the Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore No. 16 of 2016
Yes
Yes
The focal point and other stakeholders have participated in capacity building workshops with support from capacity building initiatives
Various stakeholders have attended programmes on genetic resources under Swedish International Development Agency (SIDA).
Yes
1. The focal point and other stakeholders have participated in capacity building workshops with support from capacity building initiatives
2. Global Environment Facility (GEF) has supported Zambia in developing the Interim National Report
3. world Intellectual Property Organisation (WIPO) have supported stakeholders in capacity building workshops
No
No additional information provided
The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act No. 16 of 2016.pdf
(/api/v2013/documents/380D3EF2-7F38-0E38-872C-38B75E819942/attachments/The%20Protection%20of%20Traditional%20Knowledge%2C%20Genetic%20Resources%20and%20Expressions%20of%20Folklore%20Act%20No.%2016%20of%20%202016.pdf)
Yes
International organisations and Students are being given access to carry out research on a number of genetic resources
No additional information provided
Yes
The focal point institution which is Ministry of Lands and Natural Resources, has a budgetary allocation for the Nagoya Protocol.
No
Limited funding windows.
We have only received funds from GEF
Yes
10 or more
1.limited funds
2. Limited technical support
No information provided
Positive observations:
1 The format is user friendly;
2. format is linked directly to the Articles of the Protocol;
3. The drop down menu is good for the report.
However, some questions were difficult to answer as there was no explanatory note attached.