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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 11 Dec 2017
No country selected.
Status of Malawi's Implementation of the Nagoya Protocol
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Competent National Authority:
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ABSCH-CNA-MW-202014-1
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
Competent National Authority:ENVIRONMENTAL AFFAIRS DEPARTMENT ()P/BAG 394, LINGADZI HOUSE, LILONGWELILONGWE,
, MalawiPhone: +256 1 771 111,Fax: +265 1 773 369,Email: eadinfo@nccpmw.org,Website: www.nccpmw.org,
To view the current National Focal Point information, click
here.
Yes
Yes
The 2017 newly enacted revised Environment Management Act contains substantial provisions to regulate and promote Access and Benefit Sharing in Malawi. The Act also provides for development of regulations and guidelines for ABS issues in Malawi.
The Act establishes an authority responsible for regulating access to genetic resources, equitable sharing of benefits, protect indigenous property rights and regulate trade in component of biological diversity.
The Act also establishes various committees such as the National Biodiversity Steering committee which is a policy making body that oversees biological diversity management, including ABS, in Malawi.
The country possesses sectoral legislation responsible for management of access of specific genetic resources. These include the Forest Act which regulates access to forests in protected areas and export of forest products, Wildlife policy for wildlife resources, National Fisheries and Aquaculture policy for fisheries resources. These sectoral legislation have administrative process already existing for importing and exporting genetic resources that may have a direct bearing on ABS.
The National Biodiversity Strategy and Action Plan II (2015-2025) outlines strategies and actions to enhance ABS from biodiversity and ecosystem services in Malawi.
Yes
Environmental Affairs Department is the current designated national focal point for ABS.
Yes
Malawi has designated competent national authorities: Environmental Affairs Department (EAD) and National Commission for Science and Technology ( NCST)
No selection made
No
One of the major challenges in making this information available on ABS Clearing-House is that most of the ABS contrats (MATs) have not yet been concluded. The information on permits that is available is not based on ABS contracts
Not applicable, since no access requirements are in place
No
One of the major challenges in making this information available on ABS Clearing-House is that most of the ABS contracts (MATs) have not yet been concluded. Therefore even though permits have been issued , they are not accompanied by ABS contracts, or PIC and MAT.
No
The main challenge encountered in designating check points is that most of the potential check points require capacity building and awareness on ABS issues and their differentiated roles as ABS check point.
No additional information provided
The main difficulties and challenges include
1. inadequate understanding of how the different roles of the institutions and the different ABS processes will play out in light of the different mandates of the institutions
2. Lack of a stand alone ABS legislation
3. Inadequate awareness and engagement with other stakeholders.
4. Monitoring compliance of agreed terms and negotiation of benefits remain crucial challenges of implementation of the Nagoya Protocol.
Yes
Yes
Based on the Environmental Management Act(2017) guidelines on ABS that contain non arbitrary rules and procedures on access of genetic resources are under development and a draft is already in place
Yes
The National Focal Point provides the information upon request but the procedures will be provided in the guidelines that are current in draft form and will be made available of the National Competent authorities websites.
Yes
The written decisions are given in the form of access and export permits based on the local legislation's. Additionally, conditions are clearly provided also when issuing and in line with permits by the competent national authorities.
Yes
In Malawi the different sectoral institutions issue access permits as a pre-requisite for providing access to Genetic Resources.
0
There have been over 15 export permits issued through the CNA since Malawi;s ratification to the Nagoya Protocol. However, most sectoral institutions also issue permits. An inventory on the number of permits issued is planned to be undertaken for planning purposes and stocktaking of the flow of Genetic resources across borders.
Yes
The Environmental Management Act, the draft ABS guidelines and administrative procedures from sectoral legislations provide for the requirement to establish MAT
Yes
Yes
Some benefits have been provided to the communities in monetary form for access of genetic resources by bio-traders. This was done directly from actual users to the communities, there is no clear written documentation on MAT but the CNA has embarked on facilitating establishment of a MAT.
Yes
Recipient communities receive training in sustainable utilisation of genetic resources and procurement of community common infrastructure like boreholes. There are also benefits accrued in research institutions inform of capacity building and technology transfer but documentation and monitoring after issuing research permits by NCST remains a challenge.
No additional information provided
The role of bio-traders in benefit sharing presents a challenge in regulation under the Nagoya Protocol. Most users outside the country use bio-traders in accessing genetic resources which leaves no documentation.
Lack of awareness on benefit sharing mechanism, Lack of capacity /empowerment of local communities to negotiate benefits and absence of regulations to guide negotiations pose challenges in implementation of ABS measures
Yes
The draft guidelines on ABS outlines that benefits arising from the utilisation of genetic resources as well as subsequent applications and commercialisation are shared with the Party providing the resources
Yes
The EMA 2017 empowers the national focal point to provide measures for protecting established rights of local communities over genetic resources. The draft ABS guidelines supplements the Act through provision and clarification on the roles and responsibilities of the different actors in the value chain.
Yes
The EMA 2017 empowers the national focal point to provide measures for protecting established rights of local communities over genetic resources. The draft ABS guidelines supplements the Act through provision and clarification on the roles and responsibilities of the different actors in the value chain
No additional information provided
The major challenges emanate from defining the term ‘ownership’ in relation to common genetic resources and traditional knowledge. Other challenges relate to the scope of ABS to the latest and potential bio-processes and innovations. Empowerment of local communities and institutions inform of information management remains a challenge to fair and equitable benefit sharing. How to value traditional knowledge.
Yes
No
Yes
The South Africa ABS focal point reported two cases of possible access of biological resources which needed follow up by the Malawi government. The first case was difficult to conclude because the user was untraceable whilst the second was concluded and user complied with Malawian legislation.
Yes
No
No
The absence of regulations creates a challenge for enforcement and monitoring compliance. These challenges necessitates the need for public awareness and training in ABS for all check points to monitor compliance.
Yes
The export application form for the National Focal Point requires applicants to attach proof of PIC and/or MAT from providers and this has also being highlighted in the draft ABS guidelines. However, due to sectoral legislation's and their provisions for access and export permits, application forms from the other sectors will be revised to be in line with the requirements under the Protocol
No
Currently there is no clear monitoring systems therefore its difficult to monitor and track non-compliance
No
Not selected
Check points have not yet been designated. The communique shall be used after check point designation
0
Yes
It is one of the conditions in a permit for a user to provide reports and information on the use of genetic resources to the national focal point. However, because of lack of proper monitoring systems, most users have not submitted such information. It is anticipated such measures will be included in ABS contracts.
Yes
Currently most of the ABS communication including negotiations are conducted using electronic media (Online discussions, skype calls and emails)
Ensuring compliance involved good use of check points (once identified) and also good investigative techniques to understand the companies history. This requires capacity and involvement of a wide range of trained stakeholders along the value chain.
No additional information provided
Not applicable, since no access requirements are in place
Yes
All the MATS under development include provisions for dispute resolution
Yes
All the MATS under development indicate the applicable law for the MAT. However, the issue of conflicts of laws in terms of jurisdiction are of concern
No
No
Enforcement of such provisions are always dependent on domestic law therefore there is a limitation to how far a provider can go to enforce compliance
No additional information provided
Even if the relevant law in the jurisdiction where the contract will be enforced is identified, there is limited capacity for the provider country to enforce provisions of the contract in the user country .
Yes
Currently this is considered on a case by case basis when negotiating ABS contracts. It is not always possible to identify the trigger and exhaust all scenarios that necessitates a need for special consideration. The user always has an upper hand for when the change of intent occurs.
No
This will be incorporated in the draft guidelines but will depend on institutional capacity of the permitting authority
No
This will be incorporated in the draft guidelines
Yes
Regulation will be on the use not on the genetic resource. If the use is beyond food and agriculture, this shall trigger ABS considerations.
No additional information provided
Lack of experience in implementing ABS contracts inhibits the development of measures for special consideration.
Yes
Yes
There is nothing in the local legislation that prevents local communities from granting access to Genetic Resources. In some cases particularly where the genetic and biological resources are managed through co-management, the local communities are able to regulate access and harvesting of such resources to a certain extent at local level.
Yes
The Environmental Management Act requires PIC of local communities in all arrangements for bio prospecting. However the Act also gives the NCA authority to establish other measures for sustainable utilisation and management of genetic resources
Yes
This will be included in the guidelines being drafted.
No
Apart from enquiring whether the applicant has utilised Traditional Knowledge in the application for export, National Competent Authority has not taken any further measures to verify approval and involvement of indigenous and local communities
Yes
This will included in the guidelines being drafted.
Yes
The obligations are included in revised Environmental Management Act (EMA) and will be clarified in the guidelines being drafted. However, verification of whether or not the genetic resource is being used based on its traditional knowledge is dependent on full disclosure by the user and full knowledge of the use by the communities.
No selection made
Yes
Some community protocols implemented by sectoral institutions are already operational. However there is need to promote integration of ABS issues
No selection made
Yes
The contractual clauses that have been used in the currently ABS contracts still under negotiation, will be used as model contractual clauses
Yes
There is nothing in the local legislation that restricts customary use and exchange of genetic resources and traditional knowledge among local communities.
No selection made
No additional information provided.
In some cases the local communities have little understanding regarding rights to and value of traditional knowledge. More awareness raising and empowerment would improve the situation
Yes
In all the ABS contracts that are under development, direct benefits arising from utilisation of genetic resources have been included
No answer provided
Implementation of the Nagoya Protocol has assisted the competent national authorities in monitoring the various uses and exchange of genetic resources and hence making it possible to prescribe measures for sustainable use and management of biodiversity. It has also enables us to identify resources of high value and potential for exploitation hence special conservation approaches
No additional information provided.
Illegal bio-traders remain a challenge once a resource has been identified as a high value genetic resource. Most of the resources that are being accessed under biotrade in the country , are being used for bio-prospecting in their final destination.
Yes
This issue can also be taken up at Regional economic communities through multilateral agreements
Not applicable, since there are no indigenous and local communities in my country
Yes
Malawi is willing to cooperate under the guidance of Regional economic communities through multilateral agreements
No additional information provided
Most countries are in different stages of ABS implementation which makes it difficult to synchronise the various national initiatives.
No
We have not yet enough contracts to develop model contractual clauses. However we will continue to use the current clauses under the current MAT s being developed as models for future MATs.
No
No additional information provided
Each application is different based on the type of genetic resource being accessed and also based on the use of the GR. Even though we may have model contractual clauses, the scenarios are always dependent on the use of the GR.
Yes
No
Malawi has implemented the following awareness raising initiatives: I
1. Awareness raising meetings in 3 districts that are highest providers of genetic resources and are tourist areas
2. Capacity building training in ABS of key stakeholders and a biodiversity research committee
3. Community awareness on Access and Benefit Sharing
4. Engagement with the media about Malawi's ratification of the Nagoya Protocol
5. Dialogue between government, the community, user (biotrader) and lawyers on access and benefit sharing and identification of capacity needs.
Yes
No
Through support from GIZ (ABS Capacity Development Initiative) and Norad and Fridtjof Nansen Institute (FNI) Malawi organised a training on development of ABS Contracts where about 17 officers from government Institutions, research and academic institutions were trained on ABS contracts with a case study on a current ABS contract under development. Recently, the government also conducted a working session on this report and another on development of guidelines which started with training of the various participants.
Yes
Malawi has benefited from the International and Regional capacity building provided by the secretariat, IDLO and the ABS Capacity Development Initiative. At least 9 Malawian Officers and 1 private institution have undergone at least 1 international/regional training on ABS over the last five years. Specifically through the assistance of the GIZ (ABS Capacity Development Initiative) and Norad and Fridtjof Nansen Institute (FNI), a legal technical expert has been provided to assist Malawi in development of its ABS contracts and ABS guidelines. The expert has greatly assisted in in country capacity building and on the job-training with Malawian lawyers and scientists.
No
The country does not have capacity to support other capacity building activities in other countries but can always share our experiences when opportunities arise.
No additional information provided
Malawi believes that effective ABS capacity building should be accompanied by awareness tools and there has been financial challenges to come up with awareness tools and train communication experts on effective communication on ABS. Further, there is more capacity building required for lawyers and scientists, specifically scientists who view ABS as an extra burden on the many processes they have to follow to export resources to appreciate benefits from ABS process. There is also need to train further stakeholders on ABS contracts and negotiation. Training is also required on high level officials who approve most of the export permits to understand ABS issues and what is expected of them. Malawi also would like to train officials in trade and customs to create an awareness and inform them of their responsibilities in ABS when it comes to boarder control and monitoring of GR movement. Capacity building on valuation or involvement of experts who can effectively value of GR is required to ensure that during negotiations, the value of GR is well catered for. Finally, there is need for Malawi to identify and train check points, or personnel responsible for issuing permits, communities and all stakeholders along the value chain.
Malawi has found the allocation of an expert to assist it in developing ABS contracts very helpful as it allows us to have on the job training. However, also, since the ABS contracts are new in many countries, opportunities to exchange information and share notes are also helpful for countries.
Yes
In the current MAT's under development , technology transfer has been included as one of the benefits that the country will get from use of its genetic resources. Most institutions that conduct research in Malawi are also required , as a condition to getting a research permit, to partner with local researchers which encourages cooperation. At the moment , a number of research institutions benefit from cooperating with foreign research institutions including benefiting from technology transfer. It would however be important to determine which of those initiatives involve use of Malawi's genetic resources.
It is not easy to determine what kind of technology transfer is enough or to what extent the technology should be transferred to the provider of the genetic resources. Most of the resources being transferred out of the country, are transferred because of lack of the technologies required to develop them in the country. However, the technology transferred back is small scale and not enough to promote the country's bio-innovation. The question therefore is how much technology? who should transfer the technology? How and for what?
No additional information provided
The ratification of the Nagoya Protocol for Malawi has helped the country to come up with best ways of ensuring benefits and utilizing the benefit sharing mechanism as an incentives for communities to sustainably utilize and conserve biodiversity. Although this is the case, the country realizes the need to establish a formal administrative and regulatory system to enable us to meet our obligations and preserve our resources and also the need to build capacity of relevant stakeholders which will require a lot of financial and human resources to implement.
However, Malawi is determine to put up such a system hence the commencement of the process to develop Access and Benefit Sharing guidelines using government resources. Later, the country will develop Access and Benefit Sharing regulations which will be supported under GEF 6 and will seek further co-financing to complete the process. The country has developed a road map to guide further implementation of the Nagoya Protocol and will continue to mobilize resources and financial support to effectively implement the protocol and specifically build capacity and raise awareness of stakeholders.
Yes
ABS is allocated an amount in the National Budget though it is too small to adequately support the National Focal Point's administrative work.
Because of lack of understanding of the ABS issues, it is often not allocated more resources, specifically considering the initial obligations to be fulfilled
Yes
Yes
GIZ (ABS Capacity Building Initiative) through support of a technical expert to assist Malawi on ABS contracts
Yes
Yes
Yes
The ABS Focal Point submitted ABS needs during the development of GEF 6 concept which was considered and has been allocated an amount. Although the resources allocated are limited due to competing needs, the amount allocated will be used to kick start the process of developing the ABS regulations for Malawi and capacity building activities. Further resource mobilization will be conducted to ensure the process is finalized by 2019 and awareness materials have been developed.
GEF 6 funds have just been approved but not disbursed yet .
Yes
Less than 5
Most of the staff working on ABS issues have already other duties and ABS is additional duty to their portfolio.
There is need to ensure that ABS contracts result in tangible benefits. There is a risk that ABS contracts can be developed and users can comply to them just to indicate that they are complying to legislation without really transferring tangible benefits to providers. There is therefore a need to seriously focus attention on capacity building on negotiation of contracts, specifically on determining benefits, as this is where the ABS issues can be enforced. Reporting issues and compliance issues are also very crucial once the resource has left the country and this is not easy to follow up where there is no good monitoring system.
Some of the questions were not well phrased e.g Q.60
The questionnaire is useful as a checklist for development of guidelines and useful as a checklist for capacity building too.
