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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 30 Oct 2017
Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-SD-209350-9
This linked record has been deleted.
ABS National Focal Point
Dr. Noureldin Ahmed Abdalla
To view the current National Focal Point information, click
here.
Yes
Only information focal point to the Protocol are available .Due to the lack of approved National ABS law all other information in accordance with Article 14.2 are not available and published on the website.
The National ABS law is under the process of preparation
No
• A slow process in establishing and approving laws and related measures
• Lack of experience and expertise in setting these measures
• Lack of awareness on the importance of genetic resources and associated traditional knowledge and access and benefit-sharing issues arising from their use, particularly among decision makers and legislators.
• Lack of awareness on the protocols and agreements related to access and benefit-sharing among decision makers, legislators and local communities
• Lack of funding for the development of such measures and the implementation of awareness raising activities prior to the drafting of the law
Legislative, administrative and policy measures are being developed in accordance with the Protocol, such as:
• A national proposed law on access to genetic resources and associated traditional knowledge and benefit-sharing is under the process.
• A proposed law on plant genetic resources to address access and benefit-sharing issues is submitted for approval.
•In addition to other measures in line with access and benefit-sharing issues such as the Forests and Renewable Natural Resources Act of 2002 and the 2006 Forest Policy (Amendment 2015 under approval), which emphasized the importance of access and benefit-sharing and specific clauses are available
In the field of the research, there are supportive laws that are compatible with the Protocol, such as the National Research Center Act 1991, Chapter V, Article 29 2. on sharing of monitory benefits.
Yes
There were no difficulties in determining the focal point due to the existence of a national focal point for most of environmental conventions, including the Convention on Biological Diversity and its two protocols which is the Higher Council for the Environment and Natural Resources.
No
Due to the lack of approved National ABS law
National authorities will be determined in accordance with law
No selection made
No selection made
Due to the lack of approved National ABS law
This is not done because there are no approved laws
Not applicable, since no access requirements are in place
No selection made
This is not done because there are no approved laws
No
Because No national law on Access and Benefit-Sharing exists
<No checkpoints have been set in accordance with the Protocol. But to allow the sending and transit of samples through the country's ports, the obtaining of a letter of No.-objection issued by the relevant authorities is required. Whether the genetic resources are the animal genetic source (veterinary quarantine) or the plant genetic resources (agricultural quarantine), for all exported and imported types, the law of seeds and the protection of varieties 2010. And the Wildlife Protection Act of 1986.
Under the Forest and Renewable Resources Act of 2002, there are control points spread across the country at the border (8 border control points) but their functions need to be updated in accordance with Article 17 of the Protocol, such as veterinary and agricultural quarantine for imported and exported species. Sudan is also a member of the International Convention against the Trade in Endangered Species of Wild Fauna and Flora (CITES). The checkpoints will also be identified according to the national ABS law being prepared>
No additional information provided
< Interference of communities and the difficulty of reducing illegal trade and smuggling across borders
• Identification and registration of genetic resources is limited
• Absence of a national information system and weak networking
• Poor awareness on the importance of genetic resources and associated traditional knowledge and benefits arising from their use .
• Weak institutional and human capacities.
No
The Standard Material Transfer Agreement (MTA) is currently being used to allow access to genetic resources of crops under the Multilateral System established by the International Treaty on Plant Genetic Resources for Food and Agriculture, to which Sudan is a Party.
Forest law and policy
Protection of Hunting and National Barnes Act , 1986
The proposed National Law on Access and Benefit-sharing.
The proposed Law of Plant Genetic Resources .
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
The lack of access and benefit-sharing law left gaps for the use of genetic resources and associated traditional knowledge without any significant benefits.
No additional information provided
Lack of approved a national ABS law is the biggest obstacle.
• Lack of awareness on the value of genetic resources, especially for decision-makers and legislators.
• Weak capacity to formulate conditions and agreements to guarantee rights (Mutually Agreed Terms (MAT))
• Poor community participation
• Insufficient institutional and human capacities
No
Not because of the absence of law, but the National Law on Access and Benefit Sharing will cover Article 5 . Also there are measures provided for in the proposed law of plant genetic resource, which is now in the process of approval.
No
Because there is no approved law on ABS, but , The proposed National Law on Access and Fair Benefit Sharing covers Article 5 . Also the proposed law on plant genetic resources addresses access and benefit-sharing issues, among local communities and farmers.
There are also supportive laws and policies such as the:
Forestry and Renewable Resources Act 2002 and the Forest Policy 2006 (Amendment 2015, not yet approved) which emphasized the importance of access and benefit-sharing..
• Law of the National Center for Research .
No
Because there is no approved law on ABS. But there is a proposed law on plant genetic resources addresses access and benefit sharing issues, considering local communities and farmers.
• There is a proposal for an Animal Genetic Resources law also addresses access and benefit sharing issues.
• Forestry and Renewable Resources Act 2002 and the Forest Policy 2006 (Amendment 2015, not yet approved) which emphasized the importance of access and benefit-sharing
No additional information provided
• Slow process in establishment and approval of legislative measures
• Lack of fund for implementation of awareness activities and involvement of of local communities.
Few similar experiences to be used to develop the measures in particular and the law in general.
Weak of implementation and follow-up mechanisms.
Lack of capacities to incorporate protocol requirements into laws
• Weak capacity to formulate conditions and agreements (MAT)
•
No
No selection made
No selection made
No, due to the lack of national ABS law
No
No selection made
No selection made
No, due to the lack of approved national ABS law . Also, No, request was received, and therefore there was no need to take action.
No
No selection made
There are special articles in the Access and Benefit sharing proposed law. Currently the users are being enforced to do so in accordance with the provisions of the Nagoya Protocol .
No
Not selected
Because access and benefit-sharing laws are still in the preparation or leave phase
0
No
No, due to the lack of approved national ABS law
No
No, due to the lack of approved national ABS law
No additional information provided
Slow process for development and approval of related laws
There is no national law on access and benefit-sharing
• Lack of funding
• The need for awareness raising about the values and importance of genetic resources
• Lack of of awareness raising on relevant laws
Not applicable, since no access requirements are in place
No selection made
• The Access and Benefit-sharing national is still under preparation.
The Plant Genetic Resources national law is still in the process of approval by the competent legislative authority
Yes
- The Code of Civil Procedure allow judiciary in cases of breaching of contractual obligations
Yes
The Code of Civil Procedure allow for judiciary in cases of breaching of contractual obligations
Yes
The Code of Civil Procedure 1983 as well as Arbitration law 2016 allow judiciary in cases of breaching of contractual obligations
No additional information provided
- Lack of approved national ABS law
- Lack of capacities of the traditional knowledge holders to formulate mutual Agreed Term
No
The implementation is not yet started but, The proposals of; National Access and Benefit Sharing national law and plant Genetic Resources law take that into account.
• This is done somewhat at the level of agricultural research through the programs and mechanisms of the Agricultural Research corporation and the Agricultural Plant Genetic Resources Conservation and Research Center
• The genetic material exchange mechanism was mentioned in the proposed of Animal Genetic Resources Act of 2017
• Forest policy 2006, update 2015 considered equitable benefit sharing >
No
The proposed national ABS law considered that
No
The proposed national ABS law considered that
No
The list of crops listed in Annex 1 of the International Treaty on Plant Genetic Resources for Food and Agriculture has been identified in accordance with their importance for food, agriculture and Sudan includes a range of food crops such as maize and others, but the benefit sharing has not yet been applied in Sudan.
No additional information provided
Lack of experiences to benefit from when preparing the law
Slow process of preparation and approval of the law
Lack of fund
lack of awareness
Yes
No
No selection made
No selection made
Due to the lack of law. However, the proposal of the national ABS law includes this.
Also there is a part of the proposed law of PGRs to involve indigenous and local communities in decision-making,
The proposal of Forest 2017 stated their involvement in decision-making
No
The proposal of national ABS law and the proposal of PGRs law considered that.
No
Due to the lack of approved law on ABS. However, they are considered in the Proposal of the national law of Access and Benefit sharing and the proposal of PGRs law considered that.
Also the tradition prevails in all matters relating to traditional knowledge and local knowledge associated with genetic resources.
No
Due to the lack of approved national law on ABS
No selection made
No selection made
No selection made
No selection made
Yes
There are no restrictions. However, the process of exchange of genetic resources and associated traditional knowledge within and among indigenous and local communities used to be done without restrictions. However, the proposed national ABS law and the proposed law on plant genetic resources provide that.
No selection made
No additional information provided.
• Lack of national approved law on Access and Benefit Sharing .
•Genetic resources are not registered.
• Traditional knowledge are not registered
• There is no system to protect these knowledge >
Yes
The sustainable use of biodiversity is one of the pillars of the national biodiversity strategy and action plan>
•The Proposal of national ABS law and the Proposal of Plant Genetic Resources law considered that .
• The Forest Policy for 2006, according to which the responsibility for biodiversity conservation is for all relevant sectors.
• The Seeds and Varieties Protection Act 2010 contains an article indicating that the protected variety may be used for the following purposes:
- Non-commercial personal use, use for the purposes of scientific research, the development of new varieties and the use of seeds produced by farmers in their lands in accordance with the provisions of this law
No answer provided
Through broadening of awareness on the value and importance of genetic resources and associated traditional knowledge and the benefits arising from their use which encourage the conservation of biological diversity and incentive for its the sustainable use.
In addition to the initiatives to review and update relevant policies and legislation. Also, these benefits are indicated in the proposal of National Access and Benefit-sharing law (the national mechanism for the implementation of the Nagoya Protocol) and the proposal of Genetic Resources law.
No additional information provided.
1. Insufficient institutional capacity to implement conservation and sustainable use activities.
2. Lack of fund to implement conservation and sustainable use activities
3. Low awareness of the importance of biological diversity, especially for decision-makers
4. Absence of detailed policies and programs for conservation and sustainable use
5. Lack of effective laws on genetic resources and protection from piracy
6.Promote the contribution of access and benefit-sharing activities to the conservation of biological diversity>
No
But there are:
Access and Benefit Sharing law.
There is an initiative of the African Union for Livestock Affairs through the Regional Genetics Project for cooperation in this field with regard to trans-boundary breeds and Sudan represented in this project
•GAD countries have also developed a regional ABS strategy
Not applicable, since there are no indigenous and local communities in my country
Yes
In accordance with the IGAD Access and Benefit Sharing Strategy and the proposal of National Access and Benefit-Sharing law.
No additional information provided
Conduct comprehensive surveys and inventory, document and map genetic resources and associated traditional knowledge and determine the economic values of these resources.
• establish legislation relevant to that .
• Provision of fund
• Exchange of experiences.
No
Due to the lack of approved ABS law. But, the proposed national law on ABS and the proposed law of plant Genetic Resources encourage that.
• There are contractual provisions to enable communities to enjoy the benefits of forests but there is a need to be updated according to the requirements of the Protocol.
No
Due to the lack of approved ABS law. But, the proposed national law on ABS and the proposed law of plant Genetic Resources considered that. Also, experiences and practices in the forestry, wildlife and livestock sectors can be used.
No additional information provided
Due to:
Lack of leading experience .
Slow process of approval of laws
Lack of fund
Yes
No
Under the global ABS project which is under implementation many activities on awareness raising were conducted or will be conducted such as a awareness raising workshops and awareness raising materials will be disseminated. All these can be used in support of an awareness-raising strategy specially the priority activity 3. on Train communicators and engage target groups . As well as NBSAP includes many activities on awareness raising on Nagoya Protocol
Yes
No
Through a global ABS project which specifically aims at:assisting countries in the development and strengthening of their national ABS framework, through: - Human resources and administrative capacities to implement the Nagoya Protocol, Strengthening the legal, policy, and institutional capacities to develop national ABS framework.
One of the project components is to build trust between users and providers and build capacities of indigenous and local communities to implement the protocol. such training activities include: training on PIC and MAT. All these activities are in support of implementation of Strategic Framework of capacity building.
Yes
< The external support from GEF, through UNDP, is received under ABS Global project, titled Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol for the purpose of assisting counties in the development and strengthening of their national ABS framework, human resources and administrative capacities to implement the Nagoya Protocol .
No
No additional information provided
Financial difficulties always are barriers
Yes
There are several researches in the field (seed technology, tissue culture and special technologies in gum Arabic) and animal and livestock research but not under the protocol. Also there are researches in the field (tissue culture and new technologies in the field of producing and manufacturing medicines from medicinal and aromatic plants)
No additional information provided
Lack of awareness of the importance of the protocol and its purposes and objectives and benefits that come from it by some decision makers and legislators led to some delay in the ratification of the protocol. But after conducting awareness-raising activities on the protocol, Sudan became one of the first 50 countries to ratify the protocol.
Yes
- The local component of the Global Access and Benefit-sharing Project,
- Develop resource mobilization strategy for biodiversity, including access and benefit-sharing under the NBSAP
- The operational structure of the Protocol
The Resource Mobilization Strategy is not really implemented. Still there is a need for capacity building and awareness raising activities on the importance of the protocol for decision makers
Yes
Yes
Yes
A national committee was established to formulate the Resource Mobilization Plan for implementation of NBSAP and NP. The committee identified all the resources of funds in accordance with this strategy. the strategy is established for the period 2015 -2020
350 Thousand dollars from GEF through UNDP
Yes
Less than 5
- Lack of capacities.
- Lack of fund for awareness raising
- Lack of approved law on ABS
The GEF - UNDP ABS project, which is under implementation ,under which the proposal for national ABS law is prepared. In addiction to awareness raising activities on the protocol for legislators and decision-makers, capacity-building activities and training on contracts .Pilot cases will be applied to some sectors. In addition to that inventory of traditional knowledge will be conducted and a system for protection of the traditional knowledge will be established. Identification and mapping of users and providers of genetic knowledge and associated traditional knowledge and developing a strategy for bio prospecting all these are under implementation. All will be uploaded in the clearing-house clearing house when are finalized.
The report is structured in away that made it very informative. But there was a need to some guidance for answering certain questions .
