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1st National Reports on the Implementation of the Nagoya Protocol
(NR1)
last updated: 09 Feb 2026
General Information
01 Nov 2017
28 Feb 2026
Part II - Institutional structures for the implementation of the Protocol
Yes
EN
The Country through the Ministry responsible for Environment has nominated a focal point in the Division of Biodiversity Conservation.
EN
Yes
EN
Ministry of Environment and Forestry
EN
Yes, to some extent
EN
Currently the Ministry of Environment and Forestry is responsible for implementation of the Nagoya Protocol on ABS. It is not yet legally designated as a competent national authority.
EN
Yes
EN
No
EN
Lesotho is in the process of developing ABS legislation(through the project named: Promoting Conservation, Sustainable Utilisation and Fair and Equitable Benefit Sharing from Lesotho's Medicinal Plants for Improved Livelihoods) which will guide the checkpoints (to be designated) in terms of issuing permits for research and collaboration while building capacity for the more demanding checkpoint roles
EN
It is important to engage all the relevant stakeholders in the law making process during consultations for their buy in when developing ABS legislation. The Ministry has learned that without proper structures and legal framework in place governing the genetic resources it is difficult to regulate the country's natural resources.
Part III - Measures on access to genetic resources (Article 6)
Questions on the provisions of Article 6 related to indigenous peoples and local communities are found in Part VIII of this reporting format.
Yes, to some extent
EN
There is Industrial Property Order 1989 which addresses benefit sharing from patents perspectives, however, the country is working on reviewing this order to address challenges such as geographical indications, patents, collective marks and traditional knowledge. Copy Right Order 1989 it protects folklore (traditional knowledge). There is a Biodiversity Resources Management Bill 2025, with a section on access to biological and genetic resources and associated traditional knowledge. However, the section does not comprehensively address all core components of the Access and Benefit-Sharing framework, hence ABS Act to be developed.
EN
No
EN
The country is now is the initial phase of developing legislative and policies to the ABS.
EN
Yes, in some cases
EN
There are some procedures in place for accessing genetic resources through permitting system.
EN
Yes, to some extent
EN
There is a permitting system administered by the Commission of Preservation of Natural Resources regulating the access of genetic resources.
EN
Yes, to some extent
EN
Permits for harvesting in the wild issued by the Commission for preservation of natural resources provides for consent from Local Authorities and communities
EN
No
EN
The country is in the process of developing an ABS Legislation to provide for PIC and MAT processes through ABS project.
EN
Yes, to some extent
EN
The Commission for Preservation of Natural Resources established under Proclamation of Historical Monuments, Relics, Fauna and Flora Act of 1967, issue permits for accessing resources in the wild, imports and exports permits..
EN
Yes
EN
Users apply for a permit for accessing genetic resources which is issued by Commission for preservation of natural resources established under the Ministry
EN
345
EN
219 permits for accessing genetic resources, 1 import and 117 exports. This includes CITES import and export permits.*8 Research agreements
EN
No
EN
The country is in the process to publish issued permits database.
EN
Yes, to some extent
EN
There are non-binding community beneficiation agreements signed by the user and providers (community and local authorities) in accessing the resources, however the clear process of establishing MAT needs to be strengthened.
EN
No
EN
There is no ABS dedicated legal framework currently in place.
EN
Challenges: Absence of legislation makes it impossible to fully implement ABS processes and procedures. The decision to issue permits on genetic resources is not informed by field assessments but only estimations. There is no comprehensive monitoring programme to inform decisions. Limited resources (financial, technical, human) Limited collaboration between relevant stakeholders.
Lessons learned: Need for concerted efforts for planning and coordination.
Lessons learned: Need for concerted efforts for planning and coordination.
Part IV - Measures on fair and equitable benefit-sharing (Article 5)
No
EN
There are no ABS arrangements with other Parties.
EN
No
EN
There are non-binding community beneficiation agreements between the user and providers (community and local authorities).
EN
No
EN
There are no specific ABS arrangements with indigenous peoples and local communities for traditional knowledge.
EN
Lessons learned: Need for formalised policy and legal infrastructure to govern ABS issues.
Challenges: Limited decentralisation.
Challenges: Limited decentralisation.
Part V - Measures on compliance with domestic legislation or regulatory requirements on ABS (Articles 15 and Article 16) and monitoring the utilization of genetic resources (Article 17)
No
EN
The country does not have an ABS legislation but is in the process of developing one.
EN
No
EN
The country does not have an ABS legislation but is in the process of developing one.
EN
No
EN
No designated checkpoints.
EN
No
EN
There are no obligations to share information on implementation of mutually agreed terms.
EN
No
EN
Development of communication strategy on ABS in the pipeline.
EN
Lesson learned: Need to have comprehensive monitoring tools and communication strategy. Mainstreaming of gender related matters in ABS.
Challenges: Weak enforcement of community rights due to lack of ABS legal framework.
Challenges: Weak enforcement of community rights due to lack of ABS legal framework.
Part VI - Measures on compliance with mutually agreed terms (Article 18)
When filling this section, Parties are encouraged to coordinate at national level to draw from the expertise of other institutions dealing with contractual law, private international law or domestic measures related to access to justice (decision NP-3/1, paragraph 22)
No
EN
Currently the country does not have mutually agreed terms to include dispute resolutions.
EN
No
EN
There is no legislation, but the country is in the process of developing legislation that will address disputes arising from mutually agreed terms.
EN
Yes, to some extent
EN
There are legislations addressing access to justice.eg Human Rights Commission Act 2016.
EN
Yes, to some extent
EN
Arbitration Act 1980 (Act 12 of 1980) governs domestic and international arbitration, providing for written agreements, enforcement of awards, and court stay of proceedings. The Act covers agreements for existing or future disputes, allowing for specific performance and interim awards but generally prohibiting appeals, with awards becoming final.
EN
- Arbitration Act 1980.pdf [ English ]
- Human Rights Commission Act 2016.pdf [ English ]
Many local agreements are informal and verbal, lacking clauses for dispute resolution or arbitration. This makes the issues mentioned difficult to address. While the country has yet to enact a dedicated Access and Benefit-Sharing (ABS) law, other existing legislation, such as the Environment Act of 2008, is used to combat illegal activities involving genetic resources.
Part VII - Measures addressing special considerations (Article 8)
Yes, to some extent
EN
The Ministry of Environment and Forestry through the Department of Environment issues research permits within and outside protected areas for different institutions and individuals.The ABS project "Project promoting Conservation, Sustainable Utilisation and fair and equitable Benefit sharing from Lesotho's Medicinal Plants for Improved livelihoods" will enable Institutional capacity and regulatory framework strengthened and collaboration with academia for research to support implementation of the Nagoya protocol on ABS.
EN
No
EN
The country is yet to develop ABS legislation.
EN
No
EN
Currently there is no ABS law, however NBSAP GBF providing a framework to guide the implementation of article 8c and Biodiversity Bill, Biosafety Bill 2025 is in progress which have information for provisional service from biodiversity.
EN
The country is in the early stages of developing its Access and Benefit-Sharing (ABS) framework. Despite this, several key challenges prevent the implementation of ABS initiatives. These include the lack of integration of the ABS concept into institutional policies, the absence of specific ABS legislations and inadequate resources (funds and expertise) to build capacity among stakeholders, including local communities. To address these gaps, the GEF project; "Sustainable utilisation and fair and equitable benefit sharing from Lesotho's medicinal plants for improved livelihoods," is being implemented in the country.
Part VIII - Measures related to indigenous peoples and local communities (Articles 6, 7 and 12)
Yes
EN
The country has local communities only.
EN
Yes, to some extent
EN
The existing legislations such as; The Proclamation of Historical Monuments, Relics, Fauna and Flora Act 1967, Environment Act 2008, Local Government Act 1997 (as amended) cover access to genetic resources of Lesotho to local communities.
EN
Yes, to some extent
EN
The existing legislations such as; The Proclamation of Historical Monuments, Relics, Fauna and Flora Act 1967, Environment Act 2008, Local Government Act 1997 (as amended) cover access to genetic resources of Lesotho to local communities.
EN
Yes, to some extent
EN
The existing legislations such as; The Proclamation of Historical Monuments, Relics, Fauna and Flora Act 1967, Environment Act 2008, Local Government Act 1997 (as amended) cover access to genetic resources of Lesotho to local communities.
EN
No
EN
Currently, the country has no legislation on ABS which address Prior Informed Consent and Mutually Agreed Terms.
EN
Yes, to some extent
EN
Lesotho is in the process of developing a dedicated ABS legislation through ABS project. The implementation of the Nagoya Protocol's principles currently operates through respect for the nation's customary governance systems. The government recognises and defers to local communities and their local authorities who are the primary custodians of traditional knowledge associated with genetic resources.
EN
No
EN
Lesotho does not have specific, well-established and operational mechanisms that ensure the effective participation of local communities in informing potential users about obligations related to traditional knowledge
EN
No
EN
However, the country has developed gender action plan under NBSAP to ensure women and girls inclusivity in decision making for accessing genetic resources.
EN
No
EN
Lesotho recognises the role of local communities and their traditional knowledge in biodiversity conservation. However, while the legal framework provides a foundation for respecting these customary practices, its implementation in ensuring that these practices remain unrestricted within and among communities has faced challenges.
EN
There is an urgency to develop ABS legislation which will enable gender mainstreaming and formalisation of structures into regulation of access to fair and equitable sharing of benefits accrued from the use of genetic resources.
Part IX - Contribution to conservation and sustainable use (Article 9) and benefits received
Yes, to some extent
EN
Lesotho actively encourages both users and providers to direct benefits arising from the utilisation of genetic resources towards conservation and sustainable use. This is achieved through informal agreements between users and providers under the guidance of Local authorities. In addition, awareness campaigns are conducted by the Department of Environment and other departments responsible for conservation of biodiversity in collaboration with environmental NGOs, private sector, community organisations and local authorities.
EN
Yes, to some extent
EN
Despite the absence of fully functional implementation structures for the Nagoya Protocol, activities are being undertaken to promote the conservation and sustainable use of genetic resources.
EN
Yes
EN
- Access fees and/or up-front payments
- Research funding, grants and/or scholarships
- Salaries
- Other (VAT)
250000
EN
The figure in 44.A.2. is an estimation of the monetary benefits received during the reporting period. There is no information on the number of recipients and their disaggregation by gender or affiliation.
Yes
EN
- Sharing of information, research results
- Capacity-building, capacity development and/or trainings
- Sustainable development benefits (such as improved food security, livelihood security, etc.)
- Other (Corporate Social Responsibility)
The Ministry of Environment and Forestry in the main recipient of non-monitory benefits through sharing of information of research results. The local communities benefit from the users through infrastructure development such as access roads, portable water, etc
No
EN
EN
The country is in the process of developing ABS legislation which will address monetary benefits from traditional knowledge associated with genetic resources
No
EN
The country is in the process of developing ABS legislation which will address non-monetary benefits from traditional knowledge associated with genetic resources
The absence of a functional ABS framework hinders the country's ability to comply fully with the Nagoya Protocol. However, there are informal agreements by the users and providers for monetary and non-monetary benefits accrued from the use of genetic resources and traditional knowledge associated with genetic resources.
Part X - Transboundary Cooperation (Article 11)
Yes, to some extent
EN
There is an existing Maloti Drakensberg Transfrontier Conservation Area MoU for bilateral cooperation in biodiversity conservation and heritage resources.
EN
Yes, to some extent
EN
The local communities are currently engaged in learning exchange programme on traditional knowledge associated with genetic resources cross border.
EN
Lesotho currently operates without a dedicated domestic legal framework governing ABS, as a result, Lesotho is not able to benefit in ABS related matters.
Part XI - Model contractual clauses, codes of conduct, guidelines and best practices and/or standards (Articles 19 and 20)
No
EN
Lesotho currently operates without a dedicated domestic legal framework governing ABS. There are no contractual clauses for mutually agreed terms.
EN
No
EN
Lesotho currently operates without a dedicated domestic legal framework governing ABS. There are no codes of conduct, guidelines and best practices or standards developed yet.
EN
Lesotho currently operates without a dedicated domestic legal framework governing ABS
Part XII - Awareness-raising and capacity (Articles 21 and 22)
Yes, to some extent
EN
Awareness raising initiatives have been held for communities, line ministries, private sector and NGOs under NBSAP development and ABS project as well as consultations for first national report for Nagoya Protocol
EN
No
EN
Lesotho has not yet adopted an awareness-raising strategy on ABS, however, the country's third NBSAP has a Communication strategy that addresses all targets including KM-GBF target 13 on ABS issues.
EN
Yes
EN
Numerous ABS training workshops held, stakeholders consultations, use of media platforms and international exposures on ABS trainings have all contributed to capacity building on ABS, especially through the inception of the ABS/ Medicinal Plants Project.
EN
- Number of people trained: (600)
- Number of workshops/trainings: (20)
- Number of active capacity-building and development initiatives: (15)
The country has been capacitated with various trainings at different levels, these include but not limited to international trainings, local trainings and community workshops ( it is during these initiatives that an approach was developed to accommodate participants on the "new" ABS concept)
EN
Yes
EN
Different stakeholder workshops were conducted. One of them include the one held in Maseru aimed at training stakeholders on ABS led by the Department of the Environment with international technical advisor on ABS.
EN
The implementing institutions have been recently trained and some of them have started awareness-raising campaigns which are working. However, there are challenges such as limitations of resources and financial constraints. Moreover, there is a need to develop communication strategy specific for ABS, it must be adaptive and inclusive.
Part XIII - Technology transfer, collaboration and cooperation (Article 23)
Yes, to some extent
EN
There is collaboration of Government of Lesotho through Department of Environment with the National University of Lesotho on bioprospecting, research and development under ABS project and MoU has been signed.
EN
Lesotho is still at its infancy on the implementation of ABS but has since signed MoU with the National University of Lesotho on bioprospecting and also is a partner in the implementation of GEF Project ID Number 9799, which will capacitate the institution with technical skills and required laboratory equipment to undertake bioprospecting. In terms of collaborating with other parties regarding technology transfer, processes will be initiated once supporting legislation is in place.
Part XIV - Financial resources (Article 25) and resource mobilization
No
EN
Lesotho has not yet fully implemented the Nagoya Protocol. The necessary legislation, legal frameworks and institutional arrangements are still under development. During the reporting period, Lesotho did not provide financial or other resources to other Parties for the implementation of the Protocol. The Department of Environment is currently serving as the National Focal Point and competent authority while efforts are underway to establish the required legislative and institutional frameworks.
EN
Yes
EN
UNDP as development partner provided a technical advisor who provides technical support to GEF funded Project, ID Number 9799 to implement access and benefit sharing of genetic resources. GEF has also allocated funds to be utilised for conducting stakeholders consultations to develop first national report on Nagoya Protocol.
EN
- From other Parties (Baseline survey was done for capacity needs assessment with assistance from the technical support centre - (SANBI, South Africa), awaiting report.)
- From the Global Environmental Facility (GEF)
- From financial institutions other than the GEF (UNDP through cash contribution to GEF funded Project, ID Number 9799)
9496330
EN
Yes, to some extent
EN
The commission for preservation of natural resources, which issues permits for accessing biological resources is budgeted for in the national budget
EN
Yes
EN
PMU ABS/ Medicinal Plants Project (GEF ID: 9799) (3 full time staff project basis), and the following are supporting staff from the Department of Environment, District Environment Officers (7), Biodiversity Conservation Division (13), Data Management Division (2), Biosafety and Programmes (2), EIA Division (3), Education and Outreach Division (3), Pollution Control Division (3), Environmental Planning (2), Crime Unit (6).
EN
10 or more
EN
The GEF 6 ABS project (GEF ID 9799) took longer to get GEF CEO endorsement. Experiences or challenges include; delays caused by the impact of global pandemic Covid 19 (realignment of the concept, assessments to support the concept) and late commencement of the project due to administrative challenges.
There is no information available in the current reporting period.
GEF has allocated funds to be utilised for conducting stakeholders consultations to develop first national report on Nagoya Protocol. On the other hand approval of ABS Project was delayed hence affected disbursement of funds for implementation.
Part XV - Measures related to other international instruments (Article 4)
Yes
EN
In addition to the Nagoya Protocol Lesotho is Party to International Treaty on Plant Genetic Resources for Food and Agriculture.
EN
Yes
EN
Phytosanitary permits and the Standard Material Transfer Agreements are in place to support implementation of the instrument.
EN
Part XVI - Optional additional information
The format of the Report is reliable and provides clear guidelines of reporting making it easy to fill in the sections, however some sections are too long.
