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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 02 Oct 2019
No country selected.
Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-NA-209889-5
ABS National Focal Point
Ms. Betty Kauna Schroder
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
No
The Access and Benefit Sharing country legislation was enacted in 2017. Although the Namibian government made provision for an Interim Bioprospecting Committee (IBPC) that was established in 2007 serving to regulate and facilitate access to genetic resources in Namibia, the committee had limited powers in terms of providing legislative, administrative and policy oversight on access and benefit sharing. Furthermore, IBPC makes use of the law of contract to execute the role of Competent National Authority granting legitimate access to resources for bio-prospecting services. However, the Access and Benefit Sharing Clearing House Mechanism has not been developed and as such, no information has been made available.
The challenge that is faced by Namibia with respect to the Clearing House Mechanism is agreeing on modalities including the institution for the hosting of the CHM. At this point, the National Science Commission on Research is mandated to issue research permits whilst the Ministry of Environment and Tourism provide access permit to genetic resources.
Yes
In May 2014, Namibia became the 35th country to ratify the Nagoya Protocol. The MET is the Namibian Government’s responsible entity for the implementation of this international treaty. Article 144 of the Namibia Constitution states that international agreements binding upon Namibia “shall form part of the law of Namibia”.
The Namibian Constitution, widely recognised as one of the most forward looking constitutions worldwide, lays the foundation for much of what takes place in Namibia. Key to sustainable utilisation and the development of indigenous natural products (INPs) in Namibia is Article 95 (l) on the Promotion of the Welfare of the People which states that “The government shall actively promote and maintain the welfare of the people by adopting policies aimed at the … maintenance of ecosystems, essential ecological functions, processes and biological diversity of Namibia and utilisation of natural resources on a sustainable basis for the benefit of all Namibians both present and future.”
This Article establishes a framework for environmental protection strategies and wise natural resource management, thus laying a foundation for the way in which Namibia’s cross-cutting environmental challenges can be addressed.
Vision 2030 launched in 2004, makes a number of references to “sustainable development” and “natural resources” which are relevant and important to the continued development of the INP sector in Namibia. Under Chapter 6 with reference to “Creating the Enabling Environment” it states its objective is “to achieve the development of Namibia’s “Natural Capital” for the benefit of the country’s social, economic and ecological well-being”.
More specifically, in Chapter 5 on “Sustainable Resource Base” under the forestry section the sub-vision is “Namibia’s diverse natural woodlands, savannahs and the many resources they provide, are managed in a participatory and sustainable manner to help support rural livelihoods, enhance socio-economic development, and ensure environmental stability”.
Linked to Vision 2030 are the Namibia Development Plans (NDP), currently working under NDP5, which provide more specific reference to implementing the objectives of Vision 2030.
Although work on preparing legislation with respect to Access and Benefiting Sharing started in 1998 the draft “Bill on Access to Genetic Resources and Associated Traditional Knowledge” was only tabled in parliament for the first time in November 2015 and has been enacted in 2017. The act sets out the parameters for ABS implementation in Namibia. The Ministry responsible for ABS execution is currently finalising the regulations to guide the implementation of the act.
Yes
1. Awareness is an ongoing process with respect to ABS in Namibia. Although a small group of expertise have been training and providing technical advice on the value of genetic resources and its associated knowledge including the importance of Prior Inform Consent, it remains a challenge for communities to understand and appreciate the value of the resources as a result on the lack of tangible benefits.
2. Capacity at all levels (legal, socio-economic and human resource). Given the low level of awareness of ABS, considerable capacity building will be necessary to allow Namibia to implement and benefit from the concept in an optimal fashion. This should target all levels including decision makers, technical level stakeholders (genetic resources unit), regional and local level stakeholders.
3. Establishment of an effective and competent genetic resources unit because of competing national priorities.
4. Defining and strengthening the role of traditional authorities and customary law as relates to ABS in accordance to article 100 of the Namibian constitution.
5. Design and implementation of a mechanism for the documentation and protection of traditional knowledge.
6. Lack of coordinated research and development into genetic resources with potential commercial applications.
7. Ensuring sustainable harvesting of resources in cases where demand for that resource is increasing
Yes
Namibia has one competent national authority. The challenge faced by the competent national authority is:
- Coordination: The current legislations linked to access to genetic resources mandates different institutions to regulate access to genetic resources (for example, the application for a research permit is issued by the National Commission on Science, Research and Technology, while the Ministry of Environment and Tourism provide permits for accessing the genetic resources and exporting of the genetic resource). This is a challenge since an application has to deal with different stakeholders thus making the process cumbersome.
- Inadequate resource allocation: developing a supporting system for the national competent authority to provide administrative functions in order to fulfill the fuctions of granting access or, as applicable, issuing written evidence that access requirements have been met and provide advisory functions on applicable procedures and requirements for obtaining prior informed consent and entering into mutually agreed terms remains a challenge due to inadequate resource allocation.
No selection made
No
Interim Bioprospecting Committee (IBPC) was established by Cabinet decision in September 2007 to regulate and facilitate all bioprospecting activities on an interim basis, while at the same time guarding against unlawful exploitation and bio-piracy. The current application system is administered by different agencies and is not harmonized to respond to the Nagoya Protocol and provisions of as provided for in the accompanying articles. This is a challenge in terms of the operationalization of the Clearing House Mechanism since the functions as expected for cannot be entirely dealt with by one agency.
Not applicable, since no access requirements are in place
No
The country has not made such provision. However, IBPC facilitate and ensure the granting of prior informed consent by local communities when applicable and grant and recommendations for access/ bioprospecting permits and set the conditions for such a permit – including benefit-sharing, local participation, capacity building, re-porting and information-sharing arrangements.
No
• National Commission on Science, Research and Technology – issues permits for research;
• IBPC - grant and issue a bio-prospecting permit and set the conditions for such a permit
• Ministry of Environment and Tourism – Issues export permits
• National Botanic Research Institute – Issues permits for material transfer
A synchronised system for ABS regulation and its check points is however still under discussion but mentioned in the ABS Act of 2017.
No additional information provided
The main challenge experienced with respect to institutional structures for the implementation of the protocol at a country level for Namibia is that the national legislations to make effect for the Nagoya Protocol was only enacted in 2017. The implementation of the Access to Biological and Genetic Resources and Associated Traiditional Knowledge Act is dependant on the finalisation of the regulations and its subsequent approval by the Minister of Environment and Tourism. The regulations are still in a draft format meaning that the interim measures will remain in place until such a process is finalise. Furthermore, inadequate resource allocation for the instutional mechanisms (interim) remains a challenge and this hinders thorough documentation of lessons learned from current ABS related initiatives.
Yes
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 gives powers to and outlines functions of the Biological and Genetic Resources and Associated Traditional Knowledge Office to regulate access to biological and genetic resources and associated traditional knowledge in terms of procedures that are fair and non- arbitrary;
Yes
The current interim measures by the Namibian government through the Interim Bioprospecting Committee (IBPC) facilitate and ensure the granting of prior informed consent by local communities for an application to access genetic resources. All application associated with access to biological and genetic resources associated with traditional knowledge are required to obtain PIC and information of what a PIC should contain is provided by the national competent authority to the applicant. Furthermore, the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 provides arrangements and procedures including measures for accessing biological or genetic resources of Namibia and associated traditional knowledge, their products and derivatives for purposes regulated under the Act subjected to the prior informed consent of the rights holders and mutually agreed terms. The Act further notes that PIC is applicable to accessing biological or genetic resources and associated traditional of the concerned right holders of such biological or genetic resources and associated traditional knowledge. The person intending to approach right holders for obtaining prior informed consent must first notify the Office and take the necessary guidance from the Office. In order to obtain prior informed consent, the user is required to provide a full explanation as prescribed of how the biological and genetic resources and associated traditional knowledge are to be acquired and used. Furthermore, the right holders must ensure the full and equal participation of women in the decision making processes in matters relating to the granting of prior informed consent and negotiating benefits.
Yes
The IBPC serving as the interim national competent authority provides a clear and transparent written decision making process by receiving bio-prospecting applications and scrutinise applications and granting and issuing bio-prospecting permits and set the conditions for such a permit – including benefit-sharing, local participation, capacity building, reporting and information-sharing arrangements. This function will be detailed in the regulation that will enable the implementation of the genetic resource and association TA Act.
Yes
The IBPC only provides access to the genetic resource after prior informed consent is given by the communities where the resource is located. Further issuance of permit is granted only after approval by committee.
No answer provided
A number of permits have been issued through the National Competent Authority (IBPC), however, they have not been made public through the clearing house mechanisms.
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 provides arrangements and procedures including measures for accessing biological or genetic resources of Namibia and associated traditional knowledge, their products and derivatives subject to mutually agreed terms. Furthermore, the Act notes that the access and benefit sharing agreement must contain mutually agreed terms and other prescribed conditions and minimum standards. These are mandatory processes that require to be followed in order to meet the conditions for an access and benefit sharing agreement.
Yes
Yes
Monetary benefit recorded to date is USD 5,000 to USD 30,000 for genetic resources associated with Traditional Knowledge that has been paid over to communities with the Traditional Knowledge.
Yes
1. sharing of research and development results;
2. collaboration, co-operation and contribution in scientific research and development programmes, particularly biotechnological research activities;
3. Developing human and material resources to strengthen the capacities for the administration and enforcement of access regulations;
4. training, both at institutional or local community level, to enhance local skills in biological and genetic resources conservation, evaluation,
Yes
Yes
Monetary benefits: Monetary benefit recorded to date is USD 5,000 to USD 30,000 for genetic resources associated with Traditional Knowledge that has been paid over to communities with the Traditional Knowledge.
Yes
1. sharing of research and development results;
2. collaboration, co-operation and contribution in scientific research and development programmes, particularly biotechnological research activities;
3. participation in product development;
4. institutional capacity building;
5. Developing human and material resources to strengthen the capacities for the administration and enforcement of access regulations;
6. training, both at institutional or local community level, to enhance local skills in biological and genetic resources conservation, evaluation,
7. development, propagation and use; and
8. provision of equipment, infrastructure and technology support.
No additional information provided
Challenges will be assessed once we have registered and set up the CHM. This is currently the only challenge besides the finalisation of the regulations.
Yes
The Ministry of Environment and Tourism with support from the Interim Bioprospecting Committee spearheaded the development and enactment of the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 as a legislative, administrative and policy measure to implement the Nagoya Protocol as provided for by Article 144 of the Namibian Constitution. Furthermore, the Act notes that a fair and equitable share of benefits from access and utilisation of biological and genetic resources and associated traditional knowledge must accrue to the concerned right holders. The Act further distinguishes the types of benefits (monetary and non-monetary benefits).
Yes
One of the objectives of the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 is to ensure the effective participation of concerned local communities, with a particular focus on women, in making decisions as regards the distribution of benefits which may derive from the use of their biological and genetic resources and associated traditional knowledge. The Act recognizes the right holders (local communities) to have the following rights over biological and genetic resources and associated traditional knowledge (a) the right to collectively share the benefits arising from the utilisation of biological and genetic resources and associated traditional knowledge; (b) the right to protect their biological and genetic resources and associated traditional knowledge as traditional custodians and users, and in terms of customary law and practices; (c) the inalienable right to use their biological and genetic resources and associated traditional knowledge in the course of sustaining their livelihood systems, conservation and sustainable use of biological diversity. Furthermore, the draft regulations will further provide for the administrative measures that Namibia will have to undertake in order to ensure that the objectives of the Act are being addressed or implemented.
Yes
The drafting of a domestic legislation on ABS was pursued after the adoption of the CBD and long before the Nagoya Protocol. However the actual steps to initiate the process of enacting a domestic law came into play during the negotiation of the Nagoya Protocol. The idea was to develop our domestic law in harmony with the Nagoya Protocol, which required us to wait for the adoption of that Protocol.
As an interim measure in 2007, the Cabinet established the Interim Bioprospecting Committee (IBPC) comprising of members from different Ministries. Since then, Namibia has relied on this Committee to regulate bio-trade and bioprospecting activities in the country with specific reference to access genetic resources and associated traditional knowledge.
From 2010 to 2011, after the adoption of the Nagoya Protocol, the Ministry of Environment and Tourism re-started the process to develop our domestic legislation. This involved a rigorous regional and national level consultative process. This period marked what I would like to personally refer to as ‘the actual birth of the ABS Act. In 2017, The ABS Act was passed by parliament and the Namibian government is in the process of developing the regulations to effect the Act.
No additional information provided
Yes
Yes
The Ministry of Environment and Tourism in partnership with the German Government through GIZ has developed tailor made projects to support the legislative, administrative or policy measures on ABS issues. Amongst such programme is the Biodiversity Management and Climate Change Project I & II (BMCC). The BMCC Project has provided financial and technical resources for ABS issues in Namibia including support to the function on the Interim Bio-Prospecting Committee (IBPC). Furthermore, the consultative and legal drafting of the ABS Act of 2017 has been immensely supported by the said project. This supporting approach has enabled the accessing of genetic resources to be undertaken in accordance with PIC and that MAT. Furthermore, PIC and MAT has been embedded in the ABS Act and will be further elaborated in the regulations.
No
Yes
Yes
No
Artilcles 8,9 and 10 in the current Access to Biological and Genetic Resources and Associated Traditional Knowledge Act, 2017 makes adequate provision for such measures.
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 provide arrangements and procedures including measures for accessing biological or genetic resources of Namibia and associated traditional knowledge, their products and derivatives for purposes regulated under this Act subject to the prior informed consent of the rights holders and mutually agreed terms;
Yes
Part 6 of the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 makes provision for offences, penalties and forfeiture to be enforced. This is done to a person who accesses biological or genetic resources and associated traditional knowledge without a permit issued in terms of this Act or fails to comply with a condition imposed by a permit issued under this Act or fails to provide, or willfully withholds, or provides false, information required under section 9(3); obtains access and benefit sharing agreement by any dishonest means; possesses, any biological or genetic resources or any associated traditional knowledge - in Namibia for commercial purposes; and commits an offence and is liable to a fine not exceeding N$150 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment. In the event of a conviction in terms of this Act the court may order that any damage to the environment resulting from the offence be repaired by the person so convicted, to the satisfaction of the Minister.
Yes
No
Yes
Yes
Section 10 (3) of the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 compel the access and benefit sharing agreement to have mutually agreed terms and other prescribed conditions and minimum standards. This section will be developed further in the regulations to ensure that information on the implementation of such terms are known to minimize exploitation by one party within the agreement.
No additional information provided
Not applicable, since no access requirements are in place
No selection made
No
No
No
No additional information provided
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 makes provision the establishment of the genetic resource unit which amongst others functions are to:
• maintain an up-to-date system of information about research and development activities on biological and genetic resources and associated traditional knowledge;
• establish a research and development facility on indigenous biological natural resources to support and promote access and benefit sharing, biotrade and bioprospecting in Namibia as means to address poverty alleviation, support sustainable livelihoods and furthering sustainable development;
• conserve biological diversity, including the recovery, creation and maintenance of depositary banks, to foster scientific research, develop technologies associated with biological and genetic resources, development of areas from where such resources or associated knowledge has been accessed from, socio-economic development of such areas with the concurrence of the relevant persons or local communities and to build capacity associated with the use and conservation of biological and genetic resources and associated traditional knowledge;
These functions of the unit will serve as the catalyst to harness research related to ABS in Namibia. Furthermore, the Research, Science and Technology Act No. 23 of 2003: In terms of section 20(1) of that Act a research institute based in Namibia may not conduct any type of research in Namibia without being registered with the Commission in terms of subsection (3). In terms of section 34 a person commits an offence, if such person fails to give information, or gives false or misleading information to the Commission or hinders any commissioner or any employee of the Commission in the conducting of any investigation under section 22(2). In terms of section 34 of that Act, a person who fails to give information, or gives false or misleading information to the Commission, hinders any commissioner or any employee of the Commission in the conducting of any investigation under section 22(2) or contravenes of fails to comply with section 20(1), 21(1), 22(3), 28 or 29 commits and offence and is liable to a fine not exceeding N$20 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment. Medicines and Related Substances Control
No
Yes
Yes
No additional information provided
Yes
Yes
Article 100 Sovereign Ownership of Natural Resources Land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of Namibia shall belong to the State if they are not otherwise lawfully owned. The Nature Conservation Amendment Act of 1996 provides for devolution of rights to community to manage wildlife whereas the Forest Act of 2001 makes provision for conditional use rights for forest resources. Furthermore, this means that while the sovereign ownership of natural resources, land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of Namibia belong to the State, the state devolved rights to local communities to access genetic resources both for own and commercial purposes.
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 also recognize, protect and support the inalienable rights of local communities over their genetic resources and associated traditional knowledge.
Yes
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 has a section on Prior informed consent and notes as follows:
(1) Access to biological or genetic resources and associated traditional knowledge is subject to written prior informed consent of the concerned right holders of such biological or genetic resources and associated traditional knowledge.
(2) Any person intending to approach right holders for obtaining prior informed consent must first notify the Office and take the necessary guidance from the Office.
(3) In order to obtain prior informed consent, the user is required to provide a full explanation as prescribed of how the biological and genetic resources and associated traditional knowledge is to be acquired and used.
(4) The concerned rights holders may refuse access to their biological or genetic resources or associated traditional knowledge.
(5) The Minister, when required in terms of the provisions of the Nagoya Protocol, may with reasons and in compliance with Article 18 of the Namibian Constitution reverse the decision made under subsection (4)
(6) The right holders must ensure the full and equal participation of women in the decision making processes in matters relating to the giving of prior informed consent and benefit sharing under this Act.
Yes
Yes
The State has the ultimate responsibility of ensuring fair and equitable sharing of the benefits from the utilisation
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 provide for provision for setting minimum standards on the use of Traditional Knowledge and the obligation of the user based on the mutually agreed terms contained in the agreement between TK holder and the user.
No selection made
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 promote the development of community protocols detailing a clear process for access to biological and genetic resources, acquiring free and prior informed consent and establishing mutually agreed terms and benefit sharing agreements with respect to any utilisation of their biological and genetic resources and associated traditional knowledge;
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 compels the Minister to designate an office in the Ministry to be known as the Biological and Genetic Resources and Associated Traditional Knowledge Office to exercise the powers and functions conferred by or under this Act. The powers and functions of the Office are - (a) to regulate access to biological and genetic resources and associated traditional knowledge in terms of procedures that are fair and non- arbitrary and as provided for in this Act and regulations made under this Act; (b) to provide for the creation of rules, procedures and guidance in obtaining prior informed consent of and establishing mutually agreed terms with the local communities for access to biological and genetic resources and associated traditional knowledge. This means that the development of the minimum requirements for MAT will be by the office to be established through the regulations.
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 does not specifically refer to model contractual clauses, however, it gives power to the Minister to prepare model access and benefit sharing agreements and to assist local communities and other right holders to negotiate the terms of such agreements with the users of the biological and genetic resources and the associated traditional knowledge.
Yes
Section 4 (1) of the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 makes exemption from application of Act. One of the exempted issues is the access to, use or exchange of biological and genetic resources and associated traditional knowledge by and between local communities based on own consumption, customary practices and traditional systems of exchange. However, the exemption does not apply to the commercialisation of biological and genetic resources and associated traditional knowledge
No selection made
No additional information provided.
Yes
Article 95 (i) of the Namibian Constitution notes that “The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; in particular, the Government shall provide measures against the dumping or recycling of foreign nuclear and toxic waste on Namibian territory.”
The key objectives of the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 is to regulate access to biological or genetic resources and associated traditional knowledge, and innovation, practices and technologies associated with biological and genetic resources and traditional knowledge and to establish the necessary administrative structures and processes for the implementation and enforcement of such principles. The act makes provision for the establishment and management of a special fund noting that any monies received by way of donations or grants or contributions received from national and international persons and organisations interested in strengthening conservation of biological and genetic resources and associated traditional knowledge and technologies by local communities is paid into the Environmental Investment Fund. Furthermore, this section is expanded and highlight that monies received may be utilised –
a) to finance projects developed by local communities, ensuring equity, including the development, conservation and sustainable use of genetic resources and channel benefits to the rights holders as the case may be for providing the biological and genetic resources and associated traditional knowledge;
b) to conserve biological diversity, including the recovery, creation and maintenance of depositary banks, to foster scientific research, develop technologies associated with biological and genetic resources, development of areas from where such resources or associated knowledge has been accessed from, socio-economic development of such areas with the concurrence of the relevant persons or local communities and to build capacity associated with the use and conservation of biological and genetic resources and associated traditional knowledge;
c) to create awareness about and provide training and education in the field of biological and genetic resources and associated traditional knowledge; and (
d) to pay for any other expenses related to the functions of the Office with the aim of fulfilling the objects of this Act.
No answer provided
The Nagoya Protocol is intended to ensure implementation of the third objective of the CBD – fair sharing of the benefits arising from the utilisation of genetic resources (Access and Benefit Sharing- ABS), and thus contribute to global conservation of biodiversity and sustainable use of our resources
No additional information provided.
Yes
Not applicable, since there are no indigenous and local communities in my country
Yes
Transboundary co-operation and transboundary genetic resources are important issues in access and benefit sharing, especially in Africa. The Act makes provision for that and where necessary respond to the NP in accordance to its international obligations as Party to the protocol and therefore it is encouraged to cooperate in situations of transboundary resources. This is necessary for further discussions on regional and sub regional levels where strategies may be put in place.
No additional information provided
The rational of the NP through this article 11 is viewed as an instrument to encourage Parties to resolve or come to mutual understanding on how to deal with transboundary issues, taking into consideration the interest of communities who have shared transboundary genetic resources, particularly at the regional level.
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 does not specifically refer to model contractual clauses, however, it makes provision under its institutional arrangements that the envisaged office prepare model access and benefit sharing agreements and to assist local communities and other right holders to negotiate the terms of such agreements with the users of the biological and genetic resources and the associated traditional knowledge.
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 and the The regulations for the Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 that will further elaborate and encourage the development, update and use of codes of conduct, guidelines and best practices or standards.
No additional information provided
The main difficulties and challenges on ABS related matters is the extensive awareness raising and understanding of the entire scope covered through the NP and how countries through their domestic laws may expand on it without disturbing or disadvantaging ongoing research and development activities. To this regard, the challenges under Article 8 of the NP where Parties are required to pay particular attention to the promotion of research which contributes to the conservation and sustainable use of biological diversity by providing simplified access procedures for non-commercial research purposes. Past experiences of bio-piracy and expeditious access to pathogens with no benefit sharing or technology transfer to developing countries in the past reflects a compromised position and serve as a challenge to be accurately dealt with through domestic laws. Article 10, Global multilateral benefit sharing mechanism as an outstanding problem still under negotiation under the Convention where there was no resolution pose potential threats to us as provider and developing countries particularly where genetic resources or associated TK occurred(d) in transboundary situations or for which it was not possible to grant or obtain PIC and where new and continuous use of the resources are still observed. There is a need for establishing a multilateral mechanism to capture these benefits. The completion of effective and strong compliance provisions and measures to effectively curb biopiracy and continued misappropriation of our resources without any benefits shared. Our resources are regulated under a number of domestic laws which make coordination and effective regulation to ensure compliance under ABS a great challenge and require a multi- sectoral approach and incorporation through our national legislation to become operative and invoke compliance provisions in the NP.
Yes
Yes
Namibia has a variety of initiatives in place which are furthering the concept of ABS at the national and local level. These are being spearheaded by the MET, which is the custodian of natural resources in Namibia and focal point to the UNCBD. The consultation process on the ABS bill offered the opportunity to raise awareness of the concept at local level, and this was actively pursued. The process revealed that resource managers at local level are unaware of the concept of ABS, as are regional organs responsible for environmental governance such as traditional authorities, as well as parliamentarians at the highest decision-making level. Some key milestones related to awareness raising on ABS issues in Namibia are as follows:
• The process for developing the Access to Genetic Resources and Associated Traditional Knowledge Bill started in 1998 through the Namibian Environmental Law Reform Project in the Ministry of Environment and Tourism.
• A long drafting process and extensive national and regional consultations with stakeholders was followed.
• In 2004, the process was put on hold pending the conclusion of negotiations of the Protocol on access to genetic resources and associated traditional knowledge and the fair and equitable sharing of benefits arising thereof under the United Nations Convention of Biological Diversity.
• The Protocol known as the Nagoya Protocol was only concluded and agreed in 2010 in Nagoya, Japan, of which Namibia played a key role as a lead negotiator for the African Group.
• After the conclusion of the Nagoya Protocol, the MET has embarked upon a marathon of consultations to finalize the Bill with all stakeholders through workshops. They started with an awareness raising with the intend of revising the existing draft bill on March 29-31, 2011 and proper regional consultations started in June 29-30, 2011 with Hardap and Karas and were concluded with Khomas and Erongo on 21-22 February 2012 back to back with the National Consultations. Regions consulted were as follows; 28-30 June 2011 for Karas and Hardap, 25-26 July 2011 for Ondangwa, Oshana, Oshikoto, Ohangwena, Omsati and Kunene, 9-10 August 2011 for Kavango and Caprivi, 16-17 August 2011 for Omaheke and Otjozondjupa, , 22-23 August 2011 for Khomas and Erongo and the National workshop on 24-25 August 2011. (list of stakeholders included as Annex).
• A final consultation process and presentation of the outcome of the draft bill was conducted and concluded on the 23rd and 24th of February 2012.
Resource users are particularly unaware of their rights when negotiating with commercial partners and research institutions, which is contributing to the unsustainable use of resources and the exploitation of our local communities. In response to this situation, the MET, with support from UNEP, has developed a brochure, poster and factsheet aimed at informing our communities in particular. These has been disseminated already but will further be shared during the ABS Act awareness raising sessions. A number of information sharing and capacity building workshops were also held with parliamentarians. A CEPA strategy for communication of ABS issues has also been developed to further strengthen awareness.
Yes
Yes
The IBPC continues to be the institution at the forefront of dealing with ABS issues in Namibia. However with the gazettement of the ABS bill, a dedicated Genetic Resources Unit, housed within the MET, will take over its functions on a permanent basis. The explicit functions of the Unit, as laid out in the act will be to:
(a) Regulate access to genetic resources and associated traditional knowledge and technologies in terms of the procedures provided for in the Act;
(b) Collect, analyse and disseminate information on access to genetic resources and traditional knowledge, and to educate users and local communities concerning their respective rights and obligations in terms of this Act;
(c) Prepare model access and benefit sharing agreements for use by users and local communities, and to assist local communities to negotiate the final terms of the benefit sharing agreements with the users of the genetic resources and / or the associated traditional knowledge; (
(d) Act as a registrar for all applications for access to genetic resources, including the issuing of permits authorizing access thereto (
(e) Oversee the collection and fair sharing of benefits to be derived from access agreements;
(f) Establish procedures for the recognition of community intellectual property rights relating to traditional knowledge and technologies associated with genetic resources;
(g) Supervise the consultative process between the applicant and the local community to ensure that the prior informed consent in respect of access to genetic resources is obtained; (h) Refer matters to the Sustainable Development Advisory Council, where appropriate, and to establish such ad hoc expert committees as may be deemed necessary to carry out its functions;
(h) Ensure that the provisions of access and benefit sharing agreements are complied with;
(i) Ensure that the community intellectual property rights of local communities are protected, with due regard for gender equity, wherever access to genetic resources in local communities is granted;
(j) Monitor and evaluate, at regular intervals, taxa threatened by deterioration and/or extinction and of places threatened by a serious loss of biological diversity or threats to sustainable development, and to develop procedures to identify and disseminate information regarding threats to genetic resources;
(k) Maintain an up-to-date system of information about research and development activities on genetic resources and associated traditional knowledge;
(l) Compile information on piracy of genetic resources and associated traditional knowledge and technologies, and disseminate this information to all relevant and concerned bodies; and
(m) Exercise such other functions as the Minister may from time to time determine.
The Unit will not become operational until the draft ABS bill is gazetted and regulations are in place.
Yes
MET received support from UNEP and has developed a brochure, poster and factsheet aimed at informing our communities in particular. These will has been disseminated already and will further be shared at the ABS Act awareness workshops country wide.
The Namibian government has finalized its ABS legislation and it has been enacted. The German Federal Ministry for Economic Cooperation and Development (BMZ) funded by the "Biodiversity Management and Climate Change" project which is implemented by GIZ and has supported with institutional capacities including funding the Interim Bio-prospecting Committee (IBPC) secretariat to administer all ABS issues in the interim.
MET has also received support from the ABS initiative on benefit sharing agreements for indigenous natural products, such as Marula and Commiphora. The ABS Initiative is further supporting discussions on a research and development center for biological and genetic resources. The objective of this regional center ― to be based in Namibia ― is to further shift parts of the value chain towards provider countries.
Yes
Namibia continues to be a pioneer on ABS issues and numerous developing countries have come to Namibia to draw lessons on ABS issues. This is particularly important for the south – south cooperation and peer to peer learning.
No additional information provided
Yes
A project proposal to develop a research and development platform for ABS, located in Namibia but applying to the Southern African region, is also at an advanced stage. The object of the project is to make a contribution for an improved sustainable commercialization of biological and genetic resources in Southern Africa. The project proposal was drafted by the MET in collaboration with Phytotrade Africa. The German Ministry for Economic Cooperation and Development is the envisaged funding partner. This an important instrument for article 23 of the Nagoya Protocol as it unlock technical, scientific research and development programmes, including biotechnological research activities as well harness technology transfer as advocated for in the Nagoya Protocol
No additional information provided
Yes
The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act 2 of 2017 makes provision for the establishment of a special fund to be used as an instrument to finance ABS issues in Namibia. All revenues collected will be deposited into such a fund. Furthermore, Namibia continues to seek ODI funding (mulitilateral and bilateral funding) to further support the implementation of the Nagoya Protocol. The Namibian government is however the main funder of ABS activities as well as the preparation and implementation of our strategies and domestic laws and or administrative measures.
Yes
Yes
Yes
No information provided
No information provided
Yes
Less than 5
No information provided
No information provided
