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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 01 Nov 2017
No country selected.
Interim National Report on the Implementation of the Nagoya Protocol
CHM-NFP-ET-209515-1
ABS National Focal Point
Mr. Ashenafi Ayenew
This document has been updated. This is not the latest published version.
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Yes
Yes
Ethiopia has issued Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation (No. 482/2006) and Regulation (No.169/2009) as a legislative measure so as to implement fair and equitable sharing of benefits arising from the utilization of the genetic resources and community knowledge. The country has also designated an administrative body, the Ethiopian Biodiversity Institute, which, in turn, has established the Genetic Resources Access and Benefit Sharing Directorate as a core process since 2010 for the effective implementation of the Protocol. Furthermore, ABS issues are incorporated into the Biodiversity Policy of Ethiopia.
Yes
Ethiopian Biodiversity Institute (EBI) is designated as Competent National Authority (CNA)
No selection made
No
Technical problem to access the CBD-ABSCH , slow internet connection and lack of awareness how to publish information.
Though Ethiopia has issued many access permits for non-commercial and commercial purposes, not yet made available to the ABS-Clearing-House due to the above-stated challenge
Not applicable, since no access requirements are in place
No
Though Ethiopia has issued many access permits for non-commercial and commercial purposes, not yet made available to the ABS-Clearing-House.
No
The existing ABS law does not give legal mandate to the CNA to designate checkpoints but it is under review to harmonize with the Nagoya protocol so to give legal mandate to the CNA to designate checkpoints.
No additional information provided
Yes
According to Article 12 Sub-Article 1 of Access to Genetic Resources and Community Knowledge, and Community Right Proclamation No. 482/2006 access to genetic resource shall be subject to the PIC of Ethiopian Biodiversity Institute.
Yes
Access to Genetic Resources and Community Knowledge and Community Rights Regulation (No. 169/2009) provides fair and non-arbitrary rules and procedures for commercial access (Art. 3-10), for non-commercial (Art. 11-13) and multilateral system of access (Art. 14-20).
Yes
The conditions and procedures on how to apply for PIC for genetic resources are found in the Access to Genetic Resources and Community Knowledge and Community Rights Regulation No.169/2009 (Art. 3-24) and these information is provided through the National ABS Clearing-House (website), workshops, seminars, awareness- raising programmes, print media and brochures, emails and other communication tools.
Yes
Access to Genetic Resources and Community Knowledge and Community Rights Regulation No. 169/2009 Art.5.2(a) and Art. 10.1(a) states CNA should communicate its decision in written.
Yes
0
Yes
Ethiopia has rules and procedures for the establishment of MAT as per the Proclamation (No. 482/2006) and Regulation (No. 169/2009). Article 16-19 of the Proclamation addresses issues of MAT including dispute settlement mechanisms and applicable law, duration, terms on benefit sharing including IPRs, terms on subsequent third party use, terms on change of intent of the use on Genetic Resources or Community Knowledge and others.
Yes
Yes
2,314,000 Ethiopian Birr (ETB) is obtained
Yes
As result of the value chain of the ABS at initial phase creates a job opportunity to 857 un-employed youth of the local community .
No additional information provided
Yes
Yes
Ethiopia put in place legislative measures (Access to Genetic Resources and Community Knowledge, and Community Right Proclamation No. 482/2006) which acknowledge community Rights in the sharing of benefits from the benefit derived from the utilization of genetic resources. According to Articles 9 Sub-Article 2 of the Proclamation, local communities shall have the rights to obtain 50% of the benefits shared by the state in the form of money from the benefits derived out of the utilization of their genetic resource.
Yes
Ethiopia has put in place legislative measures (Access to Genetic Resource and Community Knowledge, and Community Rights Proclamation No. 482/2006) which acknowledge community rights in the sharing of benefits from the benefit derived from the utilization of community knowledge. According to Articles 9 Sub-Article 1 of the Proclamation, local communities shall have the rights to share from benefits derived out of the utilization of their community knowledge.
No additional information provided
No
No selection made
No selection made
The existing ABS law is under revision to accommodate such obligation of the protocol.
No
No selection made
No selection made
The existing ABS law is under revision to accommodate such obligation of the protocol.
No
No selection made
The existing ABS law is under revision to accommodate the compliance obligation of the protocol.
No
Not selected
Yes
Ethiopia has rules and procedures for sharing information in MAT. Moreover, users (access permit holder) of genetic resource and/or traditional knowledge has an obligation to submit regular status report of the research and inform the Institute in writing of all the findings of the research and development based on the genetic resource and community knowledge accessed as per Article 17 , Sub- Article 7 &8 of the Proclamation No. (482/2006).
Yes
Ethiopia has established a web-based ABS information sharing system (http://www.ebi.gov.et/gm-access/) where all required documents such as forms, guidelines, laws and other information are posted and regularly updated for easy access for users of genetic resources and community knowledge. The online available documents and information include:
1. The Access to Genetic Resource and Community Knowledge, and Community Rights Proclamation No. (482/2006) (ABS legal framework of Ethiopia);
2. Material Transfer Agreement forms (MTA) (in MS-Word or pdf forms) needed for Export Permit;
3. Instruction to users (Providing information on how to process access requests of genetic materials and indigenous knowledge);
4. Assurance Letter Sample forms (e.g. Letter of Assurance to be produced from University / Research Institutions, or Competent National authorities, etc.);and
5. List of potential genetic resources publicized for bioprospecting and benefit sharing purposes.
No additional information provided
Not applicable, since no access requirements are in place
Yes
Article 16.12 of the proclamation No. 482/2006 states that MAT should include a provision of dispute resolution.
Yes
Generally, in Ethiopian legal system, everyone has the right to bring justifiable matter to and to obtain judicial remedies from duly established courts and tribunals depending on the source of the dispute (Article 37 Sub-Article 1 of FDRE Constitution Proclamation No. 1/1995). Suits regarding contracts (including MAT) may be instituted at the discretion of the party claimant in the court of the place where the contract was made or was to be executed, unless the parties agreed otherwise in their contract (Federal Courts Proclamation No. 25/1996 and Civil Procedure Code of Ethiopia extraordinary issue No. 3 of 1965). Therefore, we can say that there are rooms for disposing disputes arising from MAT in Ethiopian legal system.
Yes
According to the Ethiopian Constitution (Article 37 Sub-Article 1 of Proclamation No. 1/1995), everyone has the right to bring justifiable matter to and to obtain judicial remedies by a court of law or any other competent body with judicial power. The principle of access to justice on the rule of law emphasizes the right of equal access to justice for all, including members of vulnerable groups, and reaffirmed the commitment of Ethiopian States to taking all necessary steps to provide fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all.
Yes
Generally, in Ethiopian legal system, foreign judgements or arbitral awards can be executed on conditions stipulated by the laws (Federal Courts Proclamation No. 25/1996 and Civil Procedure Code of Ethiopia extraordinary issue No. 3 of 1965). These laws put conditions and jurisdiction of courts before the foreign judgement and arbitral award executed in Ethiopia. The code of civil procedure provide (Article 456-461) for the frame work of enforcement of foreign judgement and awards. In principle, unless otherwise expressly provided for by international conventions, foreign judgements may not be executed in Ethiopia except substantive and formality requirements stated below are fulfilled. Permission to execute a foreign judgement shall not be granted unless (Article 458 of civil procedure code of Ethiopia).
• The execution of Ethiopian judgements is allowed in the country in which the judgement to be executed was given,
• The judgement was given by the court duly established and constituted,
• The judgement-debtor was given the opportunity to appear and present his defence,
• The judgement to be executed is final and enforceable; and
• The execution is not contrary to public order or morals.
And foreign arbitral awards may not be executed in Ethiopia unless (Article 461 of civil procedure code of Ethiopia):
• The execution of Ethiopian arbitral award is allowed in the country in which the judgement to be executed was given,
• The award has been made following a regular arbitration agreement or other legal act in the country where the award was made,
• The parties have had equal rights in appointing the arbitration and they have been summoned to attend the proceeding,
• The arbitration tribunal was regularly constituted,
• The award does not relate to matters which under the provisions of Ethiopian laws could not be submitted to arbitration or is not contrary to public order or moral; and
• The award is of such nature as to be enforceable on the conditions laid down in Ethiopian laws.
Application regarding enforcement of foreign judgements and arbitral awards can be brought before the federal high court of Ethiopia (Article 11 Sub-Articles 2(c)).
Therefore, foreign judgements and arbitral awards meeting the above-stated substantive requirements can be executed in Ethiopia
No additional information provided
Yes
Article 11.4 of proclamation, No. 482/2006 states that organs of the state which are empowered by law to conserve GRs may not be required to obtain access permit from EBI, however, they shall not transfer GRs or CK to third persons or export out of Ethiopia unless they are given permit by EBI. Article 15(1) of proclamation, No. 482/2006 provides facilitated access / without strictly follow the access procedures /grant access permit to Ethiopian national public research and higher learning institutions and intergovernmental institutions based in the country for purpose of development and academic research activities they under take within the country. Art. 17.9 also address a change of intent.
No
The existing ABS law is under revision to harmonize with Nagoya protocol.
No
The existing ABS law is under revision to harmonize with Nagoya protocol.
Yes
Ethiopian ABS system provides legal space for the implementation of the ITPGRFA special approach to ABS to PGRFA (MLS/SMTA). Article 15(2) of proclamation, No. 482/2006, states that an access to genetic resources under a multi lateral system is according to conditions and procedures of the multi lateral system (SMTA).
No additional information provided
Yes
No
No selection made
No selection made
Access to GRs shall be subject to the PIC of EBI (CNA) (Art.12.1 of proclamation, No. 482/2006) but the local communities have the right to demand the restriction or withdrawal of the PIC given by the Institute (CNA) for access to their genetic resources where they find out that such consent is likely to be detrimental to their socio-economic life or their natural or cultural heritages (Art. 7.1(d)).
Yes
Article 7.1(a) of proclamation, No. 482/2006 states that local communities have the right to give PIC for access to their CK (The right to regulate the access to their community knowledge).
Access to CK shall be subject to the PIC of the concerned local community (Art.12.2 of proclamation, No. 482/2006).
Yes
According to Article 10 (1) and (2) of Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation (No. 482/2006), an item of community knowledge is protected, identified, interpreted and ascertained in accordance with the customary norms and practices of the concerned local community.
Yes
According to Article 11(2), 12(5), 17(4), 17(6), 17(8 & 9), 17(11) and 17(13-15), 17(17 & 18) of Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation (No. 482/2006), Ethiopia has put obligations on users of community knowledge. And Article 27(4 & 5) of this law devises mechanisms to disseminate information on access to genetic resource and community knowledge to the users along with the participation of concerned local communities. The mechanisms which the users collect information on their obligation includes web-based information sharing system, guidelines, workshops and seminars.
No selection made
Yes
Capacity building and awareness raising.
Yes
Article 16 of Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation (No. 482/2006) stipulates minimum requirements for the establishment of MAT to secure the fair and equitable benefit sharing arising out of the utilization of community knowledge. Particularly, Article 16 (10) states that the agreement stipulates the benefits arising from the use of community knowledge shall be shared with the concerned local community.
Yes
As per Article 27(3) of Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation No. (482/2006), the Ethiopian Biodiversity Institute has prepared model contractual agreements for access to genetic resource and community knowledge.
Yes
As stated in Article 4(2) (a) of Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation No. 482/2006, there is no restriction put in place on the customary use and exchange of genetic resources and community knowledge. This is further clarified by Article 6(2) and 8 of the Proclamation, that local communities shall have an inalienable right to use or exchange among themselves their genetic resources or community knowledge in the course of sustaining their livelihood systems in accordance with their customary practices or norms. And no legal restriction shall be placed on the traditional system of use and exchange of their genetic resources and community knowledge.
No selection made
No additional information provided.
Yes
No answer provided
No additional information provided.
No
The existing ABS law does not address the trans boundary issues but it is under review to harmonize with Nagoya protocol.
Not applicable, since there are no indigenous and local communities in my country
No
The existing ABS law does not address the trans boundary issues but it is under review to harmonize with Nagoya protocol.
No additional information provided
Yes
Ethiopia has developed model contractual clauses which contain basic elements of ordinary contracts. Article 16 and 27(3) of Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation (No. 482/2006) lists minimum components of the contract. And the wording of this article presupposes that the list is not exhaustive and additional clauses can be included depending on the particularities of utilization.
Yes
Ethiopia has developed a draft code of conduct (rules) which outlines for users the responsibilities to meet and the requirements to fulfil in accessing genetic resources and /or associated community knowledge. The country has also prepared for users a guideline which sets out procedures to follow while accessing the genetic resources and/or community knowledge.
No additional information provided
Yes
Yes
Ethiopia organizes and conducts series of events, meetings, trainings, workshops and consultations with local communities and users of genetic resource to discuss on the implementations of the ABS legal frameworks and disseminate the ABS information.
Weekly Radio programmes on the importance of biological diversity, the benefits of sustainable utilization, the importance of legal transfer and access of genetic resources, the legal consequences of illegal access of genetic resources as well as the responsibility of various institutions and the communities at large in the implementation of the ABS laws have been produced and disseminated. Short adverts, television programmes and documentaries have been produced and aired through Ethiopian Broadcasting Corporation and Addis TV.
The print media have also been utilized in raising awareness and promotion of the Protocol. Brochures, leaflets, booklets and posters have been published and distributed to institutions, individuals and private companies. Billboards on importance of genetic resources and the benefits of legal access to genetic resources have also been posted at the Arrival and Departure Sections of the Bole International Airport. The EBI has a newspaper column in the Addis Zemen and the Ethiopian Herald Newspapers and has published information on biodiversity conservation, sustainable use and access and benefit sharing in different local languages (Amharic, Oromifa and Tigrigna) and English.
Annual events have been organized in celebrating the International Biological Diversity Day, the Environment Day and the Forest Day on which awareness-raising activities on ABS were carried out side by side the theme of the celebration. In such events, field excursions had been organized to sensitize stakeholders and the communities about the importance of genetic resources and benefits of legal access of genetic resources. Communities have also been updated about their ownership rights of biological resources and their indigenous knowledge based on the Ethiopian Constitution, national ABS laws and the Nagoya Protocol and their responsibility in regulating genetic material collection and transfer.
Ethiopia has also established a national ABS Clearing House Mechanism (http://www.ebi.gov.et/gm-access/); where all required documents such as forms, guidelines, laws and other information are posted and regularly updated for easy access for users of genetic resources and indigenous knowledge.
Yes
No
ABS Capacity Development Initiative organized several capacity building and training workshops.
Capacity-building workshop on the negotiation of mutually agreed terms for access to genetic resources, to support effective implementation of CBD and the Nagoya protocol on access and benefit sharing organized by ABS Capacity Development Initiative.
Several consultation workshops and capacity building efforts under taken by a project entitled: “Promoting the use of plant resources in research and development in Ethiopia” funded by the UK government’s Darwin Initiative. The project aims to carry out stakeholder consultations to determine current issues related to Access and Benefit Sharing (ABS) in Ethiopia and address gaps in capacity related to ABS.
Training on the Negotiation of Mutually Agreed Terms for Access to Genetic Resources and Associated Traditional Knowledge organized by Capacity building for Access and Benefit Sharing and Conservation and Sustainable Use of Medicinal Plants Project.
IDLO-SCBD Capacity Building Course - Online “Establishing Measures to Implement the Nagoya Protocol and face to face training.
Yes
1) a project entitled: “Promoting the use of plant resources in research and development in Ethiopia” funded by the UK government’s Darwin Initiative. The project aims to carry out stakeholder consultations to determine current issues related to Access and Benefit Sharing (ABS) in Ethiopia and address gaps in capacity related to ABS 2) Capacity building for Access and Benefit Sharing and Conservation and Sustainable Use of Medicinal Plants Project funded by GEF 3) a GEF-funded project, entitled Global ABS project "strengthening human resources, legal frameworks and institutional capacities to implement the Nagoya protocol”
No
No additional information provided
No
No additional information provided
Yes
Yes
Yes
Yes
No information provided
No information provided
Yes
10 or more
No information provided
No information provided
