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Legislative, Administrative or Policy Measure
(MSR)
last updated: 25 Sep 2019
GUIDELINES ON ACCESS TO BIOLOGICAL RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR USE
The guidelines have been developed to lay out conditions under which access to biological resources in Malawi will be granted and the fair and equitable sharing of benefits arising from the utilisation of biological resources shall be ensured. The guidelines also provide for the institutional frameworks within which the access and benefit sharing shall operate.
The guidelines shall apply to the access and utilisation of all biological resources and traditional knowledge associated with the use of biological resources for research, development and bio-trade. Users of the guidelines may include, but not limited to; academics, students, public and private institutions, public and private breeding companies, commercial entities, multinational companies, bio-traders, biological resources collectors, protected area staff, researchers, civil society and concerned local communities.
These guidelines have been developed in accordance with the Environment Management Act and other sectoral legislation such as the Forestry Act, Fisheries Conservation and Management Act National Parks and Wildlife Act, Control of Animal Diseases Act, Science and Technology Act and Plant Protection Act. The development of these guidelines also reaffirms Malawi’s commitment to the achievement of the objectives of the Convention on Biological Diversity and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation.
National / Federal
Not legally binding
10 Jan 2019
National or domestic guidelines
No
EN
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,
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ABSCH-MSR-MW-202015-2 Legislative, Administrative or Policy Measure Environmental Management Act (1996)
The Environmental Management Act (EMA, 1996) is an overarching statute providing general environmental protection. Sectoral policies (e.g. policies on land, water, fisheries, waste and forestry) are required to be consistent with the Act.
Section 4 of the EMA states that :
The natural and genetic resources of Malawi shall constitute an integral part of the natural wealth of the people of Malawi and—
a. shall be protected, conserved and managed for the benefit of the people of Malawi; and
b. save for domestic purposes, shall not be exploited or utilized without the prior written authority of the Government.
Section 36 states :
The Minister, on the recommendations of the Council, may, By regulations published in the Gazette, control or restrict access by any person to the genetic resources of Malawi. Without prejudice to the generality of subsection (1), the regulations may—
a. prohibit the exportation of germplasm, except in accordance with a license issued by the Minister and subject to such conditions as the Minister may impose;
b. provide for the sharing of benefits arising from the technological exploitation of germplasm originating from part vii - Environmental Management Page 5 of 9 between the owner of the technology and the Government;
c. provide for fees payable in respect of an export license issued under subsection (2) (a) and for a charge payable for accessing germplasm.
Malawi has been regulating access to, and benefit sharing of biological resources in accordance with the Environment Management Act (Cap. 60:02 of the Laws of Malawi)as well as sectoral legislation including the Forestry Act (Cap. 63:01 of the Laws of Malawi)Fisheries Conservation and Management Act (Cap. 66:05 of the Laws of Malawi), National Parks and Wildlife Act (Cap. 66:07 of the Laws of Malawi), Control of Animal Diseases Act (Cap. 66:02 of the Laws of Malawi), Science and Technology Act (Cap. 37:01 of the Laws of Malawi),) and Plant Protection Act (Cap. 64:01 of the Laws of Malawi), The EMA empowers the Minister to facilitate development of national strategies, plans and programmes for the conservation of biological diversity as well as ensuring access, and fair and equitable benefit sharing[1]. These guidelines will support the objective of the National Biodiversity Strategy and Action Plan (NBSAP) which is to contribute to management of biodiversity for economic growth and wellbeing of present and future generation
At international level, Malawi is a party to the United Nations Convention on Biological Diversity (CBD). The convention has three main objectives: the conservation of biodiversity, the sustainable use of its components and the fair and equitable sharing of benefits arising out of the utilization of genetic resources. One of the protocols under the CBD is the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from utilisation. Malawi ratified the protocol in 2014 to ensure that benefits from resources are shared in a fair and equitable manner. The development of these guidelines has therefore been guided by both international and national legislation.
[1] The EMA 2017 repeals the 1996 Act and empowers the Malawi Environment Protection Authority to initiate guidelines and prescribe measures for access to biological resources and ensuring the fair and equitable sharing of benefits arising from their use
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