Loading...
This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.
Click here to view the deleted recordThis document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 11 Dec 2019
No country selected.
Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-LS-246484-2
ABS National Focal Point
Ms. Lisebo Motjotji
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
here.
No
Lesotho has not yet submitted any information on ABS issues to the ABS Clearing-House. Since acceding to the Nagoya Protocol in 2015, Lesotho through the Department of Environment (DOE) has struggled with financial and technical capacities including staff shortages and effective institutionalization of the Protocol. To date, there is only one officer dedicated to implementing the Nagoya Protocol. This Officer also solely implements other programs like the national Global Environment Facility (GEF) and coordination of Multilateral Environmental Agreements (MEAs).
In addition, Lesotho has not yet developed any ABS legislation, procedures and/or guidelines; as a result, issues related to ABS are currently being undertaken in an uncoordinated, fragmented and haphazard manner. Therefore, it becomes difficult to coordinate ABS issues, institutionalize them and obtain requisite information.
However, there are two situation analyses exercises that the country undertook since becoming a party to the Protocol and this analysis have provided requisite information and guidance on moving forward to implement the Protocol. For example, the analyses made recommendations on institutions that could be competent national authorities and checkpoints. This guidance helped the Department Of Environment as a national focal point to designate these institutions as indicated in below sections.
Yes
While the country has not yet enacted specific legislation on ABS and traditional knowledge, the Government of Lesotho (GOL) has undertaken several initiatives to manage its genetic resources for sustainable development. Lesotho has put in place key legislations which are directly related to ABS such as the national Constitution, Historical Monuments, Relics, Fauna and Flora Act 41 of 1967, Environmental Act of 2008 (specifically, Part V, Section 19-27), Draft Environmental Impact Assessment (EIA) Regulations 2019, Forestry Act 1998, National Heritage Resources Act of 2011, Land Act 2010, Industrial Property Right Order 1989 and Local Government Act of 1997. Specific administrative and policy measures that the GOL has put in place include the National Environmental Policy 1998 (in particular, objective (f) on ABS), National Range Resources Management Policy 2014, Environmental Impact Assessment (EIA) Guidelines as per the Environment Act 2008 and the National Biodiversity Strategy and Action Plan (NBSAP) 2000
Yes
Yes
Since acceding to the Nagoya Protocol in 2015, Lesotho through the DOE has struggled with financial and technical capacities including staff shortages and effective institutionalization of the Protocol. In addition, Lesotho has not yet developed any ABS legislation, procedures and/or guidelines, as a result, issues related to ABS are currently being undertaken in an uncoordinated, fragmented and haphazard manner. Therefore, it becomes difficult to coordinate ABS issues, institutionalize them and obtain requisite information.
However, there are two situation analyses exercises that the country undertook since becoming a party to the Protocol and this analysis have provided requisite information and guidance on moving forward to implement the Protocol. For example, the analyses made recommendations on institutions that could be competent national authorities and checkpoints. This guidance helped the Department Of Environment as a national focal point to designate these institutions as indicated below:
• Ministry of Tourism, Environment and Culture-Department of Environment
• Ministry of Agriculture and Food Security-Department of Agricultural Research
• Ministry of Forestry, Range and Soil Conservation
No selection made
No
No permits or their equivalents have been made available to the ABS clearing house. Since acceding to the Nagoya Protocol in 2015, Lesotho through the DOE has struggled with financial and technical capacities including staff shortages and effective institutionalization of the Protocol. In addition, Lesotho has not yet developed any ABS legislation, procedures and/or guidelines; as a result, issues related to ABS are currently being undertaken in an uncoordinated, fragmented and haphazard manner. Therefore, it becomes difficult to coordinate ABS issues, institutionalize them and obtain requisite information.
However, the DOE issues environmental clearances (permits) as evidence of PIC to grant access to genetic resources. These permits are in the form of a record of decision (ROD) as per Section 20 of the Environment Act 2008. This permitting system is based on the EIA process as captured by Environment Act 2008 specifically, Part V, Section 19-27. This process obliges every applicant to request PIC in the form of an ROD for projects appearing in the First Schedule of the Act including genetic resources. One of the conditions in the ROD is for an applicant to share benefits with communities and to also have ABS agreements with communities.
Other line Ministries and/or Departments also issue permits on genetic resources, for example, the Ministry of Forestry, Range and Soil Conservation (MFRSC), Department of Agricultural Research (DAR) and Department of Livestock Services (DLS) of the Ministry of Agriculture and Food Security (MAFS). The MFRSC issues permits for harvesting genetic resources within the forest reserves (forest and forest produce).
The DAR and DLS issue sanitary (animal and animal products) and phytosanitary permits (plant genetic resources for food and agriculture-PGRFA). Phytosanitary certificates for exporting PGRFAs are issued based on guidance from the International Plant Protection Treaty (IPCC) since there is no national law on plant protection. For importing seeds, the DAR requests Seed Lot certificates from the country of origin indicating that any seed intended for importation meets Lesotho’s requirements, before the seed can be allowed into the country.
In addition, the DLS issues local movement permit as well as import and export permits for animal genetic resources. These permits are issued based on Importation and Exportation of livestock and livestock products Proclamation 57 of 1952 and Importation and Exportation Amendment Act No. 21 of 1984. DLS also has guidelines for accessing animal genetic resources for food and agriculture. The Department adopted the OIE (World Organization for Animal Health) guidelines when developing their own guidelines.
Not applicable, since no access requirements are in place
No
No permits or their equivalents have been made available to the ABS clearing house. Since acceding to the Nagoya Protocol in 2015, Lesotho through the DOE has struggled with financial and technical capacities including staff shortages and effective institutionalization of the Protocol. In addition, Lesotho has not yet developed any ABS legislation, procedures and/or guidelines; as a result, issues related to ABS are currently being undertaken in an uncoordinated, fragmented and haphazard manner. Therefore, it becomes difficult to coordinate ABS issues, institutionalize them and obtain requisite information.
However, the DOE issues environmental clearances (permits) as evidence of PIC to grant access to genetic resources. These permits are in the form of a record of decision (ROD) as per Section 20 of the Environment Act 2008. This permitting system is based on the EIA process as captured by Environment Act 2008 specifically, Part V, Section 19-27. This process obliges every applicant to request PIC in the form of an ROD for projects appearing in the First Schedule of the Act including genetic resource. One of the conditions in the ROD is for an applicant to share benefits with communities and to also have ABS agreements with communities.
Yes
Since acceding to the Nagoya Protocol in 2015, Lesotho through the DOE has struggled with financial and technical capacities including staff shortages and effective institutionalization of the Protocol. In addition, Lesotho has not yet developed any ABS legislation, procedures and/or guidelines; as a result, issues related to ABS are currently being undertaken in an uncoordinated, fragmented and haphazard manner. It becomes difficult therefore to coordinate ABS issues, institutionalize it and obtain requisite information.
However, there are two situation analyses exercises that the country undertook since becoming a party to the Protocol and this analysis have provided requisite information and guidance on moving forward to implement the Protocol. For example, the analyses made recommendations on institutions which could be competent national authorities and checkpoints. This guidance helped the DOE as a national focal point to designate these institutions as indicated in below:
• Ministry of Trade and Industry
• Ministry of Small Business Development
• Ministry of Local Government and Chieftainship
• Ministry of Health
• Ministry of Police and Public Security
• Ministry of Law and Constitutional Affairs
• National University of Lesotho-Faculty of Science, Faculty of Agriculture and Faculty of Health Sciences
• Lesotho Revenue Authority - Customs Division
• Lesotho National Development Corporation (LNDC)
No additional information provided
Additional information on main difficulties and challenges is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
Yes
There is the Environment Act 2008, EIA draft Regulations 2019 and EIA Guidelines 2010 that guide the EIA process and provide for fair and non-arbitrary rules and procedures on accessing genetic resources. In particular, Environment Act section 25 (5 and 6) gives an applicant an opportunity to seek reconsideration for an EIA clearance within 30 days if an applicant has received a notification that the EIA application was denied.
There is also the Local Government Act 1997 Section 5(1), Section 5(2) and Schedule I and II, which provides the Local Authorities (LAs) with powers to control natural resources which may include granting access to genetic resources. Section 12 (1) of the Act has a provision for the development of by-laws by LAs. The by-laws were developed by the LAs in 2007 as permitted by Local Government Act of 1997 Section 12 (1) which empowers the LAs to make these by-laws. These by-laws guide LAs on how natural resources including biological resources found in their jurisdiction are accessed. However, these by-laws have not yet been gazetted by the Office of the Minister. There is also Decentralization Policy 2014-2017 Section 13 which empowers LAs with the authority to run their own affairs as in Schedule I and II of the Local Government Act 1997 (as amended). There is also the Land Act 2010 Section 14 which provides LAs/Community Councilors (CCs) with power to allocate land in consultation with chiefs within thier jurisdictions.
In addition, Lesotho also relies on customary laws in the form of the Laws of Lerotholi 1938 These laws give the Chiefs power over management of natural resources as they relate to customary issues. As a result, chiefs can grant access to genetic resources like reeds, trees and grass species. This is based on Section 7 (1) and Section 26 (1).
The MFRSC issues permits for harvesting genetic resources within the forest reserves (forest and forest produce). This is based on Forestry Act 1998 Section 11, Section 12 and Section 23. Upon denial for issuing a license by the Ministry, an applicant may appeal to the Minister responsible within 15 days of receiving such a denial. If still dissatisfied with the Minister’s decision, an applicant can appeal to the high court after 15 days.
Yes
The DOE and line Ministries such as the DAR raise awareness on biodiversity issues including requirements for applying for PIC to access genetic resources. For DOE, requirements for PIC are as per the Environment Act 2008, Environmental Impact Assessment (EIA) draft Regulations and EIA Guidelines. The DAR utilises radio programmes which are facilitated by a sister Department of Agricultural Information under MAFS. The DAR also shares information on PIC during public gatherings with the farmers where the institution discusses the adopted SMTA for sharing PGRFA. However, since there is no ABS legislation and/or guidelines/procedure in place that specifies guidance on PIC related to genetic resources, these institutions are providing this information in an uncoordinated, fragmented and haphazard manner.
Yes
The DOE does this based on Environment Act 2008, EIA draft EIA Regulations and EIA Guidelines resulting in issuance of an ROD.
Yes
The DOE does this based on Environment Act 2008, EIA draft EIA Regulations and EIA Guidelines resulting in issuance of an ROD
No answer provided
No permits or their equivalents have been made available to the ABS clearing-house since the entry in to force of the Protocol. Despite this, the DOE has issued permits or their equivalents for accessing genetic resources. The permits are in the form of RODs based on Environment Act 2008, draft EIA Regulations and EIA Guidelines. The RODs have been issued for species like Pelargonium sidoides (Khoara), Helichrysum odoratissimum (Phefo), Xysmalobium udulatum (Leshokhoa) and Merxmuellera macowanii (Moseha). The DOE has also issued permits under the Convention on International Trade on Endangered Wild Species of Fauna and Flora (CITES) for indigenous species as well as other economically important alien species (rosehip). Sometimes these have been used in addition to RODs when proponents seek a standardized permit for importing genetic resources. This is because RODs are just letters informing the proponent of the decision of the Department on their EIA application and are therefore not internationally recognized.
However, since there is no ABS legislation in place that provides specific guidance on accessing genetic resources including provisions for a standardized permitting system , institutions that issue permits do this in an uncoordinated, fragmented and haphazard manner. As a result, information on the number of permits issued so far is difficult to obtain.
No
Lesotho does not have an ABS legislation which would provide for rules and procedures for requiring and establishing MAT. Nonetheless, the DOE utilizes provisions and guidance contained in Environment Act 2008, draft EIA Regulations and EIA Guidelines resulting in issuance of an ROD. This ROD outlines conditions of approval of a project, which usually include sustainable utilization of genetic resources, sharing of benefits accruing from utilization of genetic resources and signing of an ABS agreement between proponents and directly affected communities.
Yes
Yes
Lesotho has received monetary benefits from the utilization of genetic resources such as P. sidoides and M. macowanii. These benefits are given to each harvester and benefits are sometimes shared with CCs /LAs through a community fund. Monetary benefits have been received by LAs such as the Menkhoaneng Community Council in Leribe District.
For P.sidoides, harvesters receive an average of about LSL 6/kg (about USD0.43) whereas for M. macowanii it is about LSL 2/kg (about USD0.14). However, since there is no ABS legislation in place that provides specific guidance on accessing genetic resources including provisions on permitting system and how to determine monetary value of genetic resources being utilized, harvesters have received unfair benefits. This is because the absence of ABS legislation results in implementing the protocol without direction. In addition, there is limited research on bioprospecting and ABS in Lesotho which results in lack of information to effectively implement the Protocol. For example, it is not clear how many harvesters are involved in ABS activities, how much each obtains and what share of benefits goes to CCs/LAs. Therefore, benefit sharing is done in an uncoordinated, fragmented and haphazard manner.
Yes
The country has largely received non-monetary benefits which are given to LAs in the form of mostly developmental project. For example, construction of LAs offices, construction and/or maintenance of rural gravel roads, maintenance of water systems and provision of stationery for the LAs.
The country has not received any monetary or non-monetary benefits for sharing traditional knowledge associated with genetic resources. Yet Lesotho’s traditional knowledge has been shared across the border when Lesotho’s traditional healers cross the border to the neighbouring South Africa to practise there as traditional healers. Some genetic resources are processed in to herbal products which are also sold in South Africa. Some of these products contain information that exploits traditional knowledge.
Traditional healers also share knowledge with researchers and scientists, for example, in situations where (1) researchers are carrying out some studies on certain traditional medicine treatments and (2) traditional healers themselves request the services of researchers on testing their traditional medicine concoctions. Even in these situations, no benefits are shared with knowledge providers and it is not clear how traditional knowledge is handled. For instance, the DST facilitated research by a local scientist from the National University of Lesotho (NUL) who investigated the efficacy of some traditional medicine preparations on HIV/AIDs. The research was undertaken at the Council for Scientific and Industrial Research (CSIR) in South Africa. It seems that an agreement was signed between the DST and the researcher and between DST and CSIR. The traditional healer who provided the knowledge seems to have not been part of these agreements and it seems he/she was not compensated in any way.
Traditional knowledge is also shared when the DAR collects PGRFA from farmers for storage in the seed bank within the Institution premises. These farmers are also not compensated for sharing their knowledge.
No additional information provided
Additional information on main difficulties and challenges is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
The DST also undertook a situation analysis on Indigenous Knowledge Systems (ILCs) in Lesotho in 2014. The report outlines traditional knowledge measures that ILCs use to manage their resources including edibility of plants, regulated harvesting/hunting, food preferences and treating animals with respect.
Other initiatives that Lesotho has undertaken which provide additional information on ABS and traditional knowledge are research efforts by independent researchers like van Niekerk (2009), Pitikoe (2017), Mokuku and Mokuku (2004), Maliehe (2016). van Niekerk (2009) investigated the contribution of the trade in P. sidoides to rural livelihoods in Lesotho and South Africa where she established that limited benefits accrue to communities. Pitikoe (2017) details how herdboys in Lesotho use IKS related to genetic resources to improve their lives by treating themselves and their livestock with medicinal plants. Mokuku and Mokuku 2004 investigated IKS on biodiversity conservation in Lesotho, for example practices and meanings associated with flora and fauna that is used to conserve such species. Maliehe 2016 documented bothuela (shamanism) and traditional healing in Lesotho. Maliehe outlines the process of bothuela and TK associated with becoming a traditional healer including MPs that are used.
No
Lesotho does not have a specific legislation on ABS and traditional knowledge which would guide how the it ensures that benefits arising from the utilization of genetic resources as well as subsequent applications and commercialization are shared with the Party. However, there are other measures such as the permitting system for the CITES from which the country ensured that genetic resources have been legally sourced from provider countries.
Yes
While the country has not yet enacted specific legislation on ABS and traditional knowledge, the GOL has undertaken several initiatives to manage its genetic resources for sustainable development. Lesotho has put in place key legislations which are directly related to ABS such as the National Constitution, Historical Monuments, Relics, Fauna and Flora Act 41 of 1967, Environmental Act of 2008 (specifically, Part V, Section 19-27), Draft EIA, Regulations 2019, National Heritage Resources Act of 2011, Land Act 2010, Industrial Property Right Order 1989 and Local Government Act of 1997. Specific administrative and policy measures that the GOL has put in place include the National Environmental Policy 1998, National Range Resources Management Policy 2014, EIA Guidelines as per the Environment Act 2008 and the NBSAP 2000.
Of all the above measures, the National Environmental Policy 1998 and the NBSAP 2000 explicitly refer to ABS issues. In particular, objective (f) of the National Environmental Policy 1998 reads:
“to foster community management and sharing of benefits from sustainable utilization of natural resources on customary and public land”
Lesotho developed its first NBSAP in 2000 as a response to Article 6 of the Convention on Biological Diversity (CBD). The NBSAP has six goals on conservation and sustainable use of biodiversity. Goal 3 specifically refers to:
“attaining a fair and equitable sharing of benefits arising from the use of genetic resources”.
The above goal has two objectives namely;
“establish a system that ensures that biological resources are used sustainably and the benefits arising from their use shared equally amongst Basotho” and
“control access to Lesotho’s genetic resources through establishment of appropriate legislation and institutional structures”
Section 26 (1) of the Draft Biodiversity Bill 2019 mandates the DOE to prescribe measures to:
“regulate trade (export) of indigenous biological resources and to provide for a fair and equitable sharing by stakeholders in benefits arising from trade and bioprospecting involving indigenous biological resources”.
Section 5.1 of the National Range Resources Management Policy 2014 stipulates that:
“Grazing Associations will be responsible for strategic directions for the range resources at community level”
These range resources include genetic resources, which are subject to ABS.
Other measures such as the National Constitution, Historical Monuments, Relics, Fauna and Flora Act 41 of 1967, Environment Act of 2008 (specifically, Part V, Section 19-27), Draft Environmental Impact Assessment (EIA) Regulations 2019, National Heritage Resources Act of 2011, Land Act 2010, Industrial Property Right Order 1989 and Local Government Act of 1997 do not specifically address ABS issues. Nonetheless, these measures provide guidance on biodiversity conservation, ownership of genetic resources, accessing genetic resources and utilising genetic resources.
Reference is made to Environment Act 2008 (specifically, Part V, Section 19-27) which is currently being used to provide guidance on permitting access and utilization of genetic resources. According to the EIA procedure in the Environment Act 2008 (specifically, Part V, Section 19-27), a developer (business owner/trader/bioprospector) must have an approval from the DOE before undertaking projects under Schedule IA. In particular, part V Section 25 (1), states that:
“no person shall operate, execute or carry out a project or activity specified in the Schedule without an environmental impact assessment licence issued by the Director of the DoE”
When applying for approval, the Act provides under Section 20 (1) that:
“A developer prior to commencing, carrying out, executing or conducting a project or activity specified in Part A of the First Schedule, submit to the Director of Environment and the relevant Line Ministry a project brief stating”:
• The nature of the project
• The activities that shall be undertaken
• The possible products or by-products anticipated and their environmental consequences
• The number of people the project shall employ
• The area of land, air or water that may be affected
• Any other matters that may be prescribed
• Any such other matters the Director may in writing require from the developer or any other person who the Director reasonably believes has information relating to the project.
Upon receiving a project brief containing the above information, the Director working with Line Ministries reviews the project brief and approves and/or dissaproves the project. An ROD is provided as a formal indication that approval and/or dissapproval was made on the project. This ROD is being used as a “proxy” for a permit for undertaking projects under Schedule IA including projects on genetic resources. The above described EIA process ensures that benefits arising from utilization of genetic resources are shared with providers and genetic resources are acquired the in accordance with the Convention as provided in Article 5.3. This is because the conditions of the ROD on utilization of genetic resources include tonnage of the material and benefit sharing with communities.
There are other measures being undertaken by Line Ministries such as the MFRSC. The MFRSC developed a Forestry Act 1998 and this Act provides under Section 20 that:
“forest reserves shall be managed by a Chief Forestry Officer”.
Under Section 23 of the Act, utilization of genetic resoures within the forest reserves (forest and forest produce) will be subject to a permit (license).
In addition, Lesotho also relies on customary laws in the form of the Laws of Lerotholi 1938. These laws give the Chiefs power over management of natural resources as they relate to customary issues. As a result, chiefs can grant access to genetic resources like reeds, trees and grass species. This is based on Section 7 (1) and Section 26 (1). Chiefs implement these laws for the benefit of communities and resource conservation.
The DAR has adopted a SMTA from the ITPGRFA that provides conditions for the sharing of genetic material depending on whether genetic material is being accessed for research or commercialization purposes. The DAR uses this SMTA to share genetic material with collaborating partners and this SMTA also has plant breeders’ rights relevant provisions to guide ABS for both users and providers of the germ plasm. Moreover, DAR has also developed germ plasm collection form to record accompanying information to the seed samples (germ plasm). Some of the information that is requested by the form is related to the Protocol and this is information on whether access to traditional knowledge associated with the germ plasm is restricted or not.
There is also a Plant Genetic Resources for Food and Agriculture ( PGRFA) draft strategy that was developed in 2012. However, the strategy mentions nothing specific on ABS but merely implicitly, for example, Section 8.0 on information dissemination and raising the level of public awareness on PGRFA has statements like:
• “ communicating effectively about the many benefits that PGRFA can bring to food security and sustainable livelihoods is critical to the success of any conservation program”.
In a similar manner, the DAR developed a National Seed Policy in 2016 whose goal is to ensure the availability of quality seed of various crops to farmers in an efficient and sustainable manner in order to enhance crop productivity and food security in Lesotho and for export. The Policy has provisions on farmer’s rights.
In addition to above initiatives, there are other measures the country has taken such as the on-going development of the Draft Biodiversity Bill 2019 which also explicitly provide for ABS issues. Section 26 (1) of the Draft Biodiversity Bill 2019 mandates the DOE to prescribe measures to:
• “regulate trade of indigenous biological resources and to provide for a fair and equitable sharing of benefits arising from trade and bioprospecting involving indigenous biological resources”
The National Seed Bill has also been drafted so that the Seed Policy provisions become enforceable. Among others, the Bill provides for registration of establishments where seeds for the purpose of sowing may be cleaned and packed or offered for sale, conditions under which seeds may be sold, the establishment of seed certification schemes for maintaining the quality of certain seeds and the control of the importation and exportation of seeds.
No
However, there are other pieces of legislation which have relevance on traditional knowledge issues. For example, the Department of Range Resources Management (DRRM) of the MFRSC has developed a National Range Resources Management Policy 2014. Section 4.1.3 of the Policy 2014 reads:
• “provision of relevant information and education, and integrate indigenous knowledge to the various levels of stakeholders on proper planning, management and implementation of rangeland resources management programmes”
Additionally, the DST undertook an Indigenous Knowledge Systems (IKS) situational analysis in 2014 to pave a way for institionalization, policy formulation and commercialization of Indigenous Knowledge.
Patent law also encourages disclosure of new solutions to technical and scientific problems faced by the humanity by ensuring that whoever comes up with a solution is protected and gets the rewards of his ingenuity. In a similar manner, the holders of traditional knowledge whose knowledge results into advancement of science are eligible to be granted intellectual property rights (IPRs) and to reap benefits whenever their knowledge is exploited. Exploitation is defined under Section 2(a)(i)(ii) of Industrial Property Order 1989.
A Lesotho Traditional Medical Practitioners Bill 2000 was developed and is awaiting enactment. The Bill provides for the establishment of Traditional Medical Practitioners Council to regulate the activities of traditional medical practitioners, herbalists and owners of initiation schools. There is also an Initiation Bill which is being developed and introduces institutional structures which will provide guidance on initiation activities in the country. All these draft legislation will provide guidance on accessing and utilising traditional knowledge.
No additional information provided
Additional information on main difficulties and challenges is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
No
No selection made
No selection made
There are no measures specific to ABS that are available to ensure that genetic resources utilized within Lesotho have been accessed in accordance with PIC and MAT of other country parties. This may be because there is currently no legislation on ABS. However, measures provided for under other legislations, conventions (e.g. CITES and International Plant Protection Convention -IPPC) and processes are being used to ensure that genetic resources have been sourced legally from other countries. For example, introduction of checkpoints at border posts and the permitting systems that Lesotho has implemented for various activities related to management of genetic resources. The LRA has just been designated as a check point under the Protocol. Check points that monitor whether the right export procedures of country of origin for agricultural genetic materials have been followed have also been placed at main borders. There is also the issuance of phytosanitary permits by the DAR, sanitary permits by DLS, importation and exportation of livestock and livestock products by DLS and CITES permits by the DOE.
No
No selection made
No selection made
There is currently no national guidance on accessing and utilizing traditional knowledge in Lesotho including for TK associated with utilization of genetic resources from other countries.
Yes
No
Lesotho Revenue Authority (LRA) has just been officially designated in April 2019 as a check point under the Protocol to ensure that genetic resources have been accessed in an appropriate manner. Even before this time, the LRA has assumed this role as a result of capacity building obtained by LRA through trainings the DOE undertook in preparation for Lesotho to accede to the Protocol.
No
Not selected
There has been poor implementation of the Protocol in Lesotho due to lack of financial and technical capacity, absence of specific ABS legislation and limited staff dedicated to implementation of the Protocol. As a result, implementation of the Protocol has been handled in an uncoordinated, inconsistent, fragmented and haphazard manner. Therefore, requisite information on the Protocol is scattered and contradictory and there has been difficulties to obtain standardized information that can confidently be shared through the ABS clearing-house or with authorities.
No
However, there is a Memorandum of Understanding (MoU) by and between MTEC, Bophelo Natural Products (company) and communities where P. sidoides occurs which has general articles on ABS related to utilization of P. sidiodes. Article 2 of the MoU contains obligations on presence of MAT provisions when the company gets in to ABS contract with communities.
The users working with DAR get into contracts which have provisions that bind users of genetic resources to share information acquired on the use of the concerned resources
Yes
Use of cost-effective communication tools and systems is encouraged in the implementation of the Protocol as per the EIA requirements. Public gatherings are used as public participation to share information on any projects including that on utilization of genetic resources before granting access to such resources. The DOE requires proof that public gatherings were held with directly affected communities, for example, in the form of stamped name registers (by the Chiefs and/or relevant LAs/CCs).
No additional information provided
Additional information on main difficulties and challenges is in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Not applicable, since no access requirements are in place
Yes
There is a Memorandum of Understanding (MoU) by and between MTEC, Bophelo Natural Products (company) and communities where P. sidoides occurs which has general articles on ABS related to utilization of P. sidiodes. Article 10 of the MoU is on dispute resolution which maybe through mediation and courts of law.
Yes
Lesotho’s Legal system ensures that everybody has right of recourse in the courts of Lesotho. For example, the Constitution of Lesotho, Environment Act 2008, Land Act 2010, Forestry Act 1998 and Local Government Act.
Yes
The constitution of Lesotho as per Section 19 provides right of access to justice
Yes
Foreign judgments may influence Lesotho’s jurisprudence.
No additional information provided
Additional information on main difficulties and challenges is in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
No
Currently there is no legislation on ABS, however there are other initiatives such as development of relevant legislation, for example, Biodiversity Bill, the CITES Bill and Biosafety Bill which have provisions on research for conservation and sustainable use of biodiversity.
No
Currently there is no legislation on ABS; however there are other legislations such as Industrial Property Order of 1989. Under this Order, the Minister may grant compulsory license in case of emergency. Section 13(5) of the said Order provides that:
“Where the public interest, in particular, national security, nutrition, health or the development of other vital sector of the national economy so require, the Minister may decide that, even without the agreement of the patent owner, a government agency or a third person designated by the Minister may exploit the invention, subject to the payment of equitable remuneration to the said owner”
The inference that can be drown from this Section is that Lesotho might not have a specific ABS legislation but its patent laws take into account emergencies that may require GOL to override private interests in order to promote public interests.
No
Currently there is no legislation on ABS; however, Section 13(5) of the Industrial Property Order of 1989 specifically provides for equitable remuneration which guaranties the right of the owner of the rights to receive compensation. Section 13(6) of the same Order makes the Minister’s decision on remuneration appealable to the High Court of Lesotho which also guarantees fairness of the process.
No
Section 13 of Industrial Property Order of 1989 makes nutrition as one of important national needs and it refers to other vital sectors for the development of national economy and it is the government that can declare vital sectors which gives room for genetic resources to be regarded as such representing a vital sector.
There is a Seed Policy providing for food security through use of genetic resources. The goal of the Seed policy of the Government of Lesotho is to ensure the availability of, and access to quality seed of various crops in an efficient and sustainable manner in order to enhance crop productivity and food and nutrition security and trade in Lesotho. One of the key objectives of the Policy is to streamline plant germplasm conservation, variety development, evaluation, release, registration, dissemination, and maintenance procedures in the country; as well as compliance with variety release and registration at regional level (SADC).
There is also a Biosafety Bill that seeks to control and manage genetically modified organisms, including their release into the environment, importation, exportation and contained use, and to provide for the protection of biological diversity, human health and the environment
No additional information provided
This information is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
While it is subject to debate whether Lesotho has indigenous communities, Lesotho however has local communities, which are organized into various CCs. The Constitution of Lesotho 1993 Section 96 provides for the establishment of LAs (CCs) by the Parliament and this culminated in to the establishment of Local Government Act of 1997, which established LAs in Lesotho.
Yes
Reference is made to the Local Government Act 1997 Section 5(1), Section 5(2) and Schedule I and II, which provides the Local Authorities (LAs) with powers to control natural resources which may include granting access to genetic resources. Section 12 (1) of the Act has a provision for the development of by-laws by Local Authorities. The by-laws were developed by the LAs in 2007 as permitted by Local Government Act of 1997 Section 12 (1) which empowers the LAs to make these by-laws. These by-laws guide LAs on how natural resources including biological resources found in their jurisdiction are accessed. However, these by-laws have not yet been gazetted by the Office of the Minister. There is also Decentralization Policy 2014-2017 Section 13 which empowers LAs with the authority to run their own affairs as in Schedule I and II of the Local Government Act 1997 (as amended). There is also the Land Act 2010 Section 14 which provides Community Councilors with power to allocate land in consultation with chiefs within thier jurisdictions. In addition, Lesotho also relies on customary laws in the form of the Laws of Lerotholi 1938. These laws give the Chiefs power over management of natural resources as they relate to customary issues. As a result, chiefs can grant access to genetic resources like reeds, trees and grass species. This is based on Section 7 (1) and Section 26 (1).
Using the EIA process, the DOE also ensures that public participation is undertaken for any projects that are subject to EIA. It is through public participation that directly affected communities are given an opportunity to grant access to genetic resources within their jurisdictions. To ensure this, the DOE has established an in-house procedure that should be followed by traders (applicant) when applying for authority to utilize genetic resources. Upon application for an EIA clearance, a trader has to indicate that he/she obtained permission from the concerned LAs. This is in the form of an official and stamped letter from the LAs, a register of names of community members who attended public participation meetings and minutes and/or report of the public participation.
Yes
Lesotho has put in place legislative, policy and administrative measures to ensure that PIC or approval and involvement of indigenous and local communities is obtained when accessing genetic resources. To this effect, reference is made to the Local Government Act 1997 Section 5(1), Section 5(2) and Schedule I and II, which provides the Local Authorities with powers to control natural resources which may include granting access to genetic resources. Section 12 (1) of the Act has a provision for the development of by-laws by Local Authorities. The by-laws were developed by the LAs in 2007 as permitted by Local Government Act of 1997 Section 12 (1) which empowers the LAs to make these by-laws. These by-laws guide LAs on how natural resources including biological resourcesfound in their jurisdiction are accessed. However, these by-laws have not yet been gazetted by the Office of the Minister. There is also Decentralization Policy 2014-2017 Section 13 which empowers LAs with the authority to run their own affairs as in Schedule I and II of the Local Government Act 1997 (as amended). There is also the Land Act 2010 Section 14 which provides CCs/LAs with power to allocate land in consultation with chiefs within thier jurisdictions. In addition, Lesotho also relies on customary laws in the form of the Laws of Lerotholi 1938 These laws give the Chiefs power over management of natural resources as they relate to customary issues. As a result, chiefs can grant access to genetic resources like reeds, trees and grass species. This is based on Section 7 (1) and Section 26 (1).
Yes
Using the EIA process, the DOE also ensures that public participation is undertaken for any projects that are subject to EIA. It is through public participation that directly affected communities are given an opportunity to grant access to genetic resources within their jurisdictions. To ensure this, the DOE has established an in-house procedure that should be followed by traders (applicant) when applying for authority to utilize genetic resources. Upon application for an EIA clearance, a trader has to indicate that he/she obtained permission from the concerned LAs. This is in the form of an official and stamped letter from the LAs, a register of names of community members who attended public participation meetings and minutes and/or report of the public participation.
The GAs formed under the DRRM are recognized structures within the communities. They are responsible for granting access to genetic resources like M. macowanii and Hyperiuia lirta that are found in rangelands managed by these associations. This mandate is stipulated in section 5.1 of the National Range Resources Management Policy 2014 which reads that:
“grazing associations will be responsible for strategic directions for the range resources at community level”
Using the EIA process, the DOE also ensures that public participation is undertaken for any projects that are subject to EIA. It is through public participation that directly affected communities are given an opportunity to grant access to genetic resources within their jurisdictions. To ensure this, the DOE has established an in-house procedure that should be followed by traders (applicant) when applying for authority to utilize genetic resources. Upon application for an EIA clearance, a trader has to indicate that he/she obtained permission from the concerned LAs. This is in the form of an official and stamped letter from the LAs, a register of names of community members who attended public participation meetings and minutes and/or report of the public participation.
The GAs formed under the DRRM are recognized structures within the communities. They are responsible for granting access to genetic resources like M. macowanii and Hyperiuia lirta that are found in rangelands managed by these associations. This mandate is stipulated in section 5.1 of the National Range Resources Management Policy 2014 which reads that:
“grazing associations will be responsible for strategic directions for the range resources at community level”
No
Traditional knowledge is not being mainstreamed in to existing ABS-related domestic laws and processes.
No
Access and utilization of traditional knowledge is not accompanied by benefit sharing in Lesotho. While this is the case, there are existing customary laws, for example, the Laws of Lerotholi which provide community protocols and procedures that should be followed when accessing genetic resources. There are also customary practices like becoming a traditional healer and joining initiation schools which follow customary procedures regarding authentic ways of sharing traditional knowledge including that associated with genetic resources. Traditional healing and initiation procedures are outlined below:
Procedure for accessing traditional knowledge during training as a traditional healer:
• A potential trainee makes a request to an experienced traditional healer for training on becoming a traditional practitioner and hence obtaining/accessing traditional knowledge. This request is accompanied by an official/authorised reference letter introducing the trainee to the relevant chief. Thereafter the following steps are undertaken
• Applicant is introduced to the Chief
• The Chief introduces the trainee to the relevant CCs
• The applicant then undergoes training
• Upon completion of the training, the graduate is granted the letter of completion by the following, local chief, District Administrator and Ministry of Health with the recommendation of Traditional Practitioners’ Association
• Issuance of the certificate by the Ministry of Health and/or registered Traditional Practitioners’ associations
Procedure for accessing traditional knowledge during training in initiation schools:
• A person (an applicant) seeking to establish an initiation school requests a reference letter from the area chief. This letter introduces the applicant to the relevant Principal Chief.
• The Principal Chief together with initiation committee reviews application and approves and/or disapproves it
• In the case of approval, the applicant fills relevant forms together with his/her teachers and potential initiates. These forms among others confirm that potential initiates are 18 at least years and above and that they have undergone medical examinations
• The initiation school runs for at least four to eight months training potential initiates after which these initiates graduate and are considered to have passed.
No
Issues of ABS associated with traditional knowledge during utilization of genetic resources have not been adequately addressed in Lesotho. Efforts are currently being made to improve the situation, for example, Lesotho has developed a project on implementation of Nagoya Protocol entitled ‘Promoting conservation, sustainable utilization and fair and equitable benefit-sharing from Lesotho's Medicinal Plants for improved livelihoods’. This GEF-funded project will address traditional knowledge when selected medicinal plants are being accessed and utilized. The project document will be included in the next GEF work program for the review of GEF council in June 2019
No selection made
Yes
This is not currently being done, however, the Local Government Act 1997 empowers CCs/LAs to develop by-laws to guide management of natural resources within their juridisction. These by-laws can be in the form of community protocols that may include traditional knowledge. The by-laws were developed by the LAs in 2007 as permitted by Local Government Act of 1997 Section 12 (1). However, since then, these by-laws have not yet been gazetted by the Office of the Minister.
Yes
There is a Memorandum of Understanding (MoU) by and between MTEC, Bophelo Natural Products (company) and communities where P. sidoides occurs which has general articles on ABS related to utilization of P. sidiodes. Article 2 of the MoU contains obligations on presence of MAT provisions when the Project gets in to ABS contract with communities. MAT requirements are also supported through the EIA process from which project developers (traders) are instructed in their RODs to get in to ABS agreements with communities detailing how benefits will be shared. Nonetheless, there is poor implementation of the EIA process in Lesotho such that monitoring is not carried out in an effective manner to check compliance to ROD conditions.
Yes
There is a Memorandum of Understanding (MoU) by and between MTEC, Bophelo Natural Products (company) and communities where P. sidoides occurs which has general articles on ABS related to utilization of P. sidiodes. This MoU provides articles on obligations of the Project regarding ABS issues like PIC, MAT, establishment of a community trust fund and examples of non-monetary benefits. The MoU further provides guidance on terms of ABS contract such as contract duration, termination, duties and obligations, governing law and jurisdiction and identification of entity to guarantee proper administration of proceeds.
Yes
The Constitution of Lesotho and the Customary Laws entrenches the rights of communities on the land and its natural resources including associated traditional knowledge.
No selection made
No additional information provided.
This information is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
This is done directly through protected areas (PAs) conservation program and the EIA process. In areas where there are protected areas (PAs), community conservation forums (CCFs) were established to serve as community representatives for conservation of resources around PAs. CCFs receive a certain percentage of the revenue collected from PAs. The revenue is used to fund conservation and livelihoods projects. Projects on propagation of socio-economically important genetic resources and establishment of botanical gardens have been implemented. Through the EIA process, developers and/or traders are required to implement their Environmental Management plans (EMPs). This ensures that such developers and/or traders contribute towards conservation and sustainable utilization of genetic resources from which they derived benefits.
Other efforts undertaken by the country are solely for conservation of genetic resources not necessarily directly meant to encourage users and providers of genetic resources to direct benefits arising from the utilization of genetic resources on conservation of biodiversity and sustainable use. These are the following efforts:
• The DRRM working with the GAs and communities encourage removal of invasive species and rotational grazing as a means of rehabilitation of the rangelands. These rangelands provide genetic resources in the form of forage for livestock as well as genetic resources like medicinal plants.
• There are also projects under the GEF small grants programme (GEF-SGP), which promote conservation, land rehabilitation and sustainable use of biodiversity.
• Traditional practitioners are encouraged to establish botanical gardens in order to source medicinal plants from cultivated areas as a way of alleviating pressure on wild populations.
• The DAR works with farmers to re-introduce lost plant species in their fields through on-farm conservation for sustainable use program.
• Encourage communities to establish community gardens for conservation of medicinal plants and other plants of socio-economic importance.
• Lesotho Highlands Development Authority (LHDA) under its programme on environmental management and biodiversity conservation and through its implementing Section called Katse Botanical Garden (KBG) carries out collection of rare and endangered plant species and collection of seeds for preservation and propagation. For example, LHDA is carrying out the reintroduction of the Aloe polyphylla (Spiral aloe) back into the wild and is also facilitating establishment of community botanical gardens. LHDA works with communities to establish nurseries for propagating spiral aloe from which seedlings are sold to tourists. In this way, communities obtain monetary benefit from the sale of spiral aloe. There is also capacity building and awareness raising component for biodiversity conservation.
No answer provided
It is difficult to know how the implementation of the Nagoya Protocol has contributed to the conservation and sustainable use of biodiversity in Lesotho since there has generally been limited implementation of the Protocol in the country. Moreover, implementation of the Protocol has been handled in an uncoordinated, inconsistent, fragmented and haphazard manner. Therefore, initiatives such as undertaking systematic assessments on how biodiversity in Lesotho may have been affected by implementation of the Protocol have not yet been carried out.
Nonetheless, awareness raising was carried out when Lesotho was preparing to accede to the Protocol in 2014 and the public were sensitized on the importance of conservation and sustainable utilization of genetic resources. Awareness raising has been on-going since then. It is believed that the public appreciate to a limited extent that they can obtain monetary and non-monetary benefits from utilization of biodiversity hence the need to conserve it.
No additional information provided.
This information is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
Lesotho has been cooperating with South Africa on biodiversity and cultural heritage conservation through Maloti Drakensburg Transfonteir Conservation and Development Programme (MDTP). The two countries signed an MOU for implementation of the programme in 2001. This cooperation could also used to address ABS issues for genetic resources like P. sidoides which occur in both countries. The MDTP programme also facilitates exchange visits between livestock farmers in Lesotho and South Africa to share knowledge on range management practices.
The community management of protected areas conservation (COMPACT) is a concept by UNESCO to encourage communities to play a part in conservation of biodiversity to improve their livelihoods. Indigenous and local communities are involved through implementation of natural and cultural heritage conservation projects in order to attract tourists to their community-owned tourist attraction sites. There is a joint compact strategy which guides implementation of joint activities in view of the three focal areas of conservation, community and protected areas. The strategy looks at the synergistic projects between the two communities (one on the Lesotho site and the other on the South African side) based on the two national COMPACT Strategies with an effort of bringing collaboration between them.
There are cross border liaison committees which are coordinated by District Administrators Offices. These committees are comprised of Institutions like Police, Immigration as well as representatives of communities along boundaries from both countries. Issues discussed include stock theft and recently human trafficking
There is also a Joint Bilateral Commission of Cooperation (JBCC) that is coordinated by the Ministry of Foreign Affairs. Government Ministries from the two countries meet, share experiences and design solutions to common problems. The JBCC is divided into several clusters such as Social, Security, Governance and Economic.
Not applicable, since there are no indigenous and local communities in my country
Yes
Lesotho has been cooperating with South Africa on biodiversity and cultural heritage conservation through Maloti Drakensburg Transfonteir Conservation and Development Programme (MDTP). The two countries signed an MOU for implementation of the programme in 2001. This cooperation could also used to address ABS issues for genetic resources like P. sidoides which occur in both countries. The MDTP programme also facilitates exchange visits between livestock farmers in Lesotho and South Africa to share knowledge on range management practices.
The community management of protected areas conservation (COMPACT) is a concept by UNESCO to encourage communities to play a part in conservation of biodiversity to improve their livelihoods. Indigenous and local communities are involved through implementation of natural and cultural heritage conservation projects in order to attract tourists to their community-owned tourist attraction sites. There is a joint compact strategy which guides implementation of joint activities in view of the three focal areas of conservation, community and protected areas. The strategy looks at the synergistic projects between the two communities, one on the Lesotho site and the other on the South African side based on the two national COMPACT Strategies with an effort of bringing collaboration between them.
There are cross border liaison committees which are coordinated by District Administrators Offices. These committees are comprised of Institutions such as the Police, Immigration as well as representatives of communities along boundaries from both countries. Issues discussed include stock theft and recently human trafficking.
There is also a Joint Bilateral Commission of Cooperation (JBCC) that is coordinated by the Ministry of Foreign Affairs. Government Ministries from the two countries meet, share experiences and design solutions to common problems. The JBCC is divided into several clusters such as Social, Security, Governance and Economic.
No additional information provided
This information is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
There is a Memorandum of Understanding (MoU) by and between MTEC, Bophelo Natural Products (company) and communities where P. sidoides occurs which has general articles on ABS related to utilization of P. sidiodes. This MoU provides articles on obligations of the company regarding ABS issues like PIC, MAT, establishment of a community trust fund and examples of non-monetary benefits. The MoU further provides guidance on terms of ABS contract such as contract duration, termination, duties and obligations, governing law and jurisdiction and identification of entity to guarantee proper administration of proceeds.
The DAR has adopted the SMTA under the ITPGRFA for sharing PGRFA since there is no national legislation on ABS that would provide national guidance on how genetic resources are accessed, utilized and associated benefits shared.
No
This is not currently being done, however, the Local Government Act 1997 empowers CCs to develop by-laws to guide management of natural resources within their jurisdiction. These by-laws can be in the form of guidelines which may include traditional knowledge. The by-laws were developed by the LAs in 2007 as permitted by Local Government Act of 1997 Section 12 (1). However, since then, these by-laws have not yet been gazetted by the Office of the Minister.
No additional information provided
This information is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
No
While Lesotho has not used the awareness-raising strategy for the Nagoya Protocol on ABS, awareness raising on the protocol was carried out during ratification of the protocol and this is still on-going. The awareness was raised during stakeholder consultations in preparation for the ratification, through radios and print media. There is also general awareness raising on biodiversity conservation in and outside around protected areas that is being done by the DOE, DRRM, DAR, LHDA (KBG) and the bioprospecting companies. This awareness raising is done through public gatherings, print media, radio and television programs.
Lesotho Intellectual property office (Register General Office) is raising awareness that is targeted at researchers from higher learning institutions and the general public. The Institution also offers free consultation on traditional knowledge issues and other intellectual property matters.
The traditional practitioners’ associations also raises awareness on conservation and protection of genetic resources through public gatherings.
No
No
However, there is an upcoming GEF-funded project on ABS which whose one of its components is on capacity building.
Yes
Lesotho has received funding from Global Environment Facility (GEF) to develop a project on implementation of NP entitled “Promoting conservation, sustainable utilization and fair and equitable benefit-sharing from Lesotho's medicinal Plants for improved livelihoods”. The Project Identification Form (PIF) was approved by GEF in November 2017. The project will be implemented by MTEC in partnership with UNDP. The objective of the project is to promote conservation, sustainable use and improved access and benefit-sharing from ABS products derived from selected commercially-important medicinal plants in selected Highlands and Foothill areas of Lesotho. Final project document will be submitted to GEF in April 2019. The project document will be included in the next GEF work program for the review of GEF council in June 2019.
No
No additional information provided
This information is contained in the two accompanying situation analysis reports Lesotho undertook in 2014 and 2019. The first situation analysis was undertaken in preparation to the ratification of the Nagoya Protocol by Lesotho and the second one was undertaken while Lesotho was developing a project document for GEF funding on implementation of the Nagoya Protocol.
Yes
The local technical and academic institutions such as the the DOE, DAR, DST and the National University of Lesotho (NUL) collaborate in technical and scientific research and development programmes to implement the Protocol.
Lesotho and South Africa signed an MOU in 2001 for implementation of MDTP. The objective of the programme is to conserve biodiversity and cultural heritage within the Maloti Drakensburg bioregion. The DoE is responsible for implementing the MDTP on the Lesotho side.
The DoE has also cooperated with a Japan-based Nimura Genetics Solutions Company on technical research and development initiatives on bioprospecting and biodiversity conservation in Lesotho. An MoU to this effect was signed by both parties in 2015. This initiative includes research collaboration whereby Nimura sourced funding for a Lesotho national from the NUL to study natural product development in Japan. The initiative also includes exchange programmes whereby Nimura connected a team of Swiss scientists to scietists at NUL culminating in a recoinnassance survey on Lesotho’s flowers in 2017.
The DST is a member to the Southern African Network of Biosciences (SANBio). The Southern Africa Network for Biosciences (SANBio) is a shared biosciences research, development and innovation platform for working collaboratively to address some of Southern Africa's key biosciences issues in health, nutrition and health-related intervention areas such as agriculture and environment. Through this platform, the DST facilitated research by a local scientist from NUL on efficacy of some traditional medicine preparations on HIV/AIDs. The research was undertaken at the Council for Scientific and Industrial Research (CSIR) in South Africa. The CSIR performs management and operational role for the SANBio.
There is also a collaboration through the JBCC which facilitated signing of an MoU between the Republic of South Africa and the Kingdom of Lesotho on Science and Technological cooperation in 2005. Indigenous Knowledge Systems under the thematic area of biotechnology is one of the specific area of collaboration with the aim to develop Indigenous Knowledge Systems (IKS) Policy by March 2019. Indigenous Knowledge Systems (IKS) situational analysis was conducted in 2014 to pave a way for institionalization, policy formulation and commercialization of Indigenous Knowledge.
No additional information provided
The following are main difficulties and challenges encountered:
• Thorough stakeholders consultations and awareness raising was not done when Lesotho was acceding to the Protocol due to limited funds.
• Limited technical capacity regarding expertise on ABS and traditional knowledge.
• Language barrier: most of the stakeholders speak local language and it was therefore difficult to translate the ABS and traditional knowledge concept in to vernacular.
Yes
Lesotho does not have a dedicated fund for the implementation of the protocol, however the Government is providing support through normal sector specific budgetary allocations. Aa a result, the Protocol is implemented when sectors that deal directly with genetic resources such as the DOE, DAR, DRRM, Ministry of Local Government and Chieftainship and Registrar General’s Office (Intellectual Property Office) implement their manadates. Other sectors that help the Government with implementing the protocol through their everyday mandates are non-state actors such the LHDA through the KBG, as Traditional Medical Practitioners Associations, Bioprospecting Industry, Participatory Ecological Land Use Management(PELUM) and the NUL. These institutions use their own bugedtary allocations to implement activities related to the Protocol.
Yes
Yes
Yes
Yes
• Global Crop Diversity Trust (for PGRFA)
• Biodiversity International (for PGRFA)
Lesotho does not have much experience on mobilising resources for implementation of the Protocol because there has been limited implementation since the country became a party in 2015. Resource mobilization for implementing the Protocol has mainly been targeted at the GEF. Lesotho has benefitted from the GEF funds during accession to the Protocol and has also developed a project entitled ‘Promoting conservation, sustainable utilization and fair and equitable benefit-sharing from Lesotho's medicinal Plants for improved livelihoods’ to implement the Protocol. Because of limited implementation of the Protocol in the country due to reasons such as absence of ABS legislation, lack of government funds, limited staff and uncoordinated efforts on ABS, there is limited baseline information on ABS in Lesotho. Therefore, it was rather difficult to convince GEF on the need to include some activities in the project that is being developed to implement the Protocol.
The country has also tried to access funds under the ITPGRFA benefit sharing fund. However, resources under this fund are highly competitive which hinders a developing country like Lesotho which has limited capacity to access such funding.
Lesotho has received funding from GEF amounting to USD 2,913,699 to develop a project on implementation of NP entitled “Promoting conservation, sustainable utilization and fair and equitable benefit-sharing from Lesotho's medicinal Plants for improved livelihoods” The Project Identification Form was approved in November 2017 and this enabled the country to access funds to develop the project document. The project document has been completed and will be submitted for review during the next GEF council meeting in June 2019.
Yes
One
Currently, only one officer administers administer functions directly related to implementation of the protocol. Other staff members only handle these issues because their divisional mandates are on activities related to genetic resources, for example the Biodiversity Conservation division on conservation issues and the EIA division on issuance of EIA clearances.
No information provided
The bad points on the format:
• Question tautology resulting in taking more time than necessary to answer the questions and complete the report.
• The answering format is too structured, that is, it is mostly yes or no questions and this does not allow flexibility. More open-ended questions should be designed.
The good points on the format:
• The format has been structured into themes which makes reporting easier.
