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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 30 May 2019
No country selected.
Interim national report on the implementation of the Nagoya Protocol
,Person:Aristofanes PontesGeneral Director, National Institute for Biodiversity and Protected Areas (INBAC)
, AngolaPhone: +244 929 124 227,Fax:Email: Arisebac40@hotmail.com,Website:
No
The only information the country has already provided to the ABS Clearing-House is on its national focal points for CBD and the Nagoya Protocol.
Some of the main difficulties are the engagement and commitment of the relevant national institutions; the nomination of the national competent authority or authorities and the fact that some of the relevant institutions at certain extent have the same atributions concerning the management of the genetic resources; and it has been very difficulty to gather the national information on ABS in the country and publish in the ABS Clearing-House Mechanism because the country has different institutions granting access to the genetic resources.
Yes
Yes, although the country does not yet have an approved legislation specific for ABS. There is a draft
legislation on genetic resources that was developed in collaboration with relevant national institutions which is expected to be submitted at the National Assembly for its approval. In a meanwhile, the country and specific the Ministry of environment is implementing administrative measures such as through the implementation of MoU and other agreements with different users of genetic resources. However, these measures applies only to those who seek access by contacting the relevant institution in the Ministry of Environment. As mentioned before, we still have some other institutions that have been granting access to genetic resources. Besides that, the Ministry of Environment through its National Institute for Biodiversity and Protected Areas (INBAC) signed its first MAT under the regulations of the Nagoya Protocol.
Yes
Yes, the country has already designated the Nagoya Focal Point on ABS but still working in the designation of the Competent National Authorities.
Mrs Elizeth Godinho Gonçalves is the ABS National Focal Point.
No
As mentioned before, one of the major difficulties is the fact that some national relevant authorities have somehow common attributions concerning the management of genetic resources and there is a need for them to engage more and clearly define responsibilities concerning this issue. These discussions are in process.
No selection made
No
However, the country has issued its first MAT.
The major difficulty in the process is that Competent National Authorities still have to be officially designated and also more awareness-raising on the Nagoya Protocol needs to be provided.
Not applicable, since no access requirements are in place
No
This is something that the country still working on.
No
This is something that the country still working on.
Once we have designated the Competent National Authorities, the country will be in a better position to agree on the designation of the checkpoints. However, the customer’s services at airports and national borders are aware that no biological resources can leave or come in the country without any kind of legal authorisation from official authorities.
No additional information provided
The implementation of the Nagoya Protocol is definitely not one size fits all. Each country has its own issues and Angola is not different. Therefore despite of the risks of losing some of its genetic resources, the country is working to have it well organized and structured at national level to domesticated this international agreement and have success with the support of all national institutions and other relevant stakeholders. The country still committed with the implementation of the CBD and its Protocol.
Yes
The system that have been adopted so far is the signature of MoU with potential users of genetic resources but now since the country is already Part of the Nagoya Protocol we are working on PIC and MAT while also reviewing the MoU prior established to include the relevant provisions of the Protocol.
Very soon the country will be publishing in the ABS Clearing-House information on the first MAT and also about the Competent National Authority.
Yes
Yes, in the sense that we have administrative measures in which the country as provider negotiates with the potential users the conditions of access and benefit sharing. The MoU or other agreements are only implemented when the Parties are satisfied. The legal bases for the implementation of these agreements are national legislations on environment and biodiversity conservation and also the relevant provisions of international agreements to which Angola is Part.
Yes
From the moment that the country through its Ministry of Environment has promoted actions to implement the Protocol such as the designation of a National Focal Point which one of the responsibilities is to provide this relevant information and promote awareness concerning the Protocol and its issues. However, be minded that the information provided here is within the responsibilities of the Ministry of Environment as the CBD National Focal Point institution. Because as was mentioned before Angola still have other national institutions granting access to genetic resources using their own norms but the country has already started a process to work in this matter in order to have the Competent National Authority designated to enhance the implementation of the Protocol.
Yes
Within the Ministry of Environment once an agreement is established with a user, the MoU is signed by the General Director of INBAC and than endorsed by the Minister of Environment.
Yes
Once the Ministry of Environment is contacted by a potential user, he is asked for the submission of a kind of project proposal to prior assess the intentions of the user and verify if the country has any interest on the proposal. If yes, the Parties start working in an agreement which before was not called MAT as such but a MoU in which permit is granted and terms and conditions are negotiated and established.
No answer provided
The country has not yet made available to the ABS-Clearing-House any permit or agreements that was established through its administrative measures concerning the ABS, because the understanding was that the country has to have a designated Publisher Authority to make available the valued information.
Yes
As said before these rules and procedures requirements were always been included in the MoU established as the administrative measures. However, now the country has also considered the items described in the Article 6.3 (g i, ii, iii and iv) among other issues in the MAT as such.
Yes
Yes
Education and capacity building, institutional support, collaboration and contribution to scientific research, research facilities and infrastructures, research materials and equipments.
Yes
Yes
Training.
No additional information provided
Besides the legal certainty and transparency in the process, the Nagoya Protocol is an issue of building a trustful relationship with Parties. The country recognises the importance of having a Competent National Authority and Checkpoints to have a better control of the resources access and benefits. One of the strategic measures adopted by the country is the establishment of MoU or MAT with users who are also Part of the Nagoya Protocol trusting that both Parties are interested in promoting the implementation of the Protocol.
Yes
Depending in the intention of the access, this issue is considered in the MoUs already established and after Angola has ratified the Protocol there was a need to make an addendum to some of the MoU to reflect the concerns of the Protocol. Now in the new MAT published that is in process the sharing of fair and equitable benefits are critically taken into considerations.
Yes
This was not very clear in previous MoUs but has been considered now and will even be more clarified in MATs. In addition, the country has national legislations that recognise the role of local communities in biodiversity conservation. In Angola for users to access local resources they need the have an authorization from the local traditional authorities. However, the sharing of benefits with these communities is not yet as effective as we would like to. Therefore, the country is now working to have under the national implementation of the Nagoya Protocol a specific group of representatives for local communities in negotiations with interested Parties in accessing traditional knowledge associated with genetic resources.
Yes
As mentioned before, the MoU previously established were not very clear on that and were also not signed by representatives of the local communities as per say. The government through its Ministry of Environment signs the agreements as representative of the interest of the local communities. Now it is intended to promote more direct involvement of these local communities and the benefits been more directed to their communities and this can be promoted by having a specific group of representatives for local communities in negotiations with users intending to access traditional knowledge associated with genetic resources.
No additional information provided
Some of the challenges are the fact that local communities do not have legal representation, the lack of awareness of the protocol within local communities, the lack of awareness concerning the impact of traditional knowledge associated to genetic resources for science.
Yes
Yes
Currently, the most effective measures in implementation is the existing control on our borders and international airport, although the officers at customer’s services are not aware of the specific document they should look for (PIC and MAT) and they just check for authorization from any legal authority.
It is acknowledged that this measure is not yet considered as been effective. The country is working in some issues such as strongly raising awareness on the Protocol, designate the Competent National Authorities and Checkpoints to be able to implement effective measures to identify non-compliance and deal with it. The measures in place to deal with non-compliance are described in the agreements established (MoU) like for instance in clauses as the termination of the agreement, submission of periodic reports, dispute settlement clause.
Yes
This has not specific happened under the Nagoya Protocol but is a procedure of the customer’s services in Angola. If the user does not have the corresponding legal authorization of the material from the country of orign he is not allowed to come in and the national authorities might contact the country of origin and they may also contact the Ministry of Environment for futher information.
No
No selection made
No selection made
Yes
Although Angola is mainly a provider country, it does happen. The customer’s services at the airports and national borders are aware that they should check for any authorization accompaning the genetic material. They may not check exactly for PIC or MAT as such but a legal document authorization from the country of orign.
Yes
This has not specific happened under the Nagoya Protocol but is a procedure of the customer’s services in Angola. If the user does not have the corresponding legal authorization of the material from the country of orign he is not allowed to come in and the national authorities might contact the country of origin and they may also contact the Ministry of Environment for futher information. Sometimes they might take the material to national legal institutions such as the Ministry of Environment or perhaps the Ministry of Agriculture. In certain cases and depending on the type of genetic material, they can be prossecuted.
No
Not selected
The country has not yet designated checkpoints for ABS issues. However, the customer’ services working in national borders have the responsability to not allowed the entry in the country of any material genetic without the presentation of a legal authorization from the country of origin, although this service is not very aware of the Nagoya procedures. Therefore, it is important to mention that more awareness is required.
Yes
The practical measures that have been taken is always stated in the clause “reporting” of the MoUs established and from now on will be included in the MAT to be established under the Nagoya protocol requirements.
No
This is definitely something to be considered as the country is in the very first steps of implementation of the Protocol.
No additional information provided
The country needs more capacity building concerning some of the Protocol provisions; there is urgent need to engage national relevant institutions and designate the Competent national authority or authorities and define responsabilities; and also the designation of checkpoints; the lack of an ABS legislation; the country needs institutional capacity building; the lack of appropriate research infrastructures and materials; lack of significant well trained staff and application of biotechnological research activities.
Not applicable, since no access requirements are in place
Yes
As mentioned above, even in the MoU agreements concerning the access of genetic resources established by the country with users this provision has always been included.
Yes
Definitely, because the international agreements can not contradict the national legislations or legal systems. This has always been included in the established agreements (MoU).
Yes
This is agreed during the negotiations of the MoUs and now included in the established MAT.
Yes
This is agreed during the negotiations of the clauses of the MoUs and now included in the established MAT and will be in future agreements.
No additional information provided
So far, the country has not notified a conflict in the implementation of the agreements established that would lead to the resolution of dispute. However, in all the MoUs established there are provisions for dispute resolution such as the identification of arbitration, mediation.
Yes
This concern finds provision in the current draft law for genetic resources which is in the waiting to be approved by the National Assembly. This is an issue that has always been clearly considered in MoUs and definitely considered in the MAT published under the provisions of the Nagoya Protocol.
Yes
These concern finds provision in the current draft law for genetic resources which is in the waiting to be approved by the National Assembly.
Yes
These concern finds provision in the current draft law for genetic resources which is in the waiting to be approved by the National Assembly.
Yes
These concern finds provision in the current draft law for genetic resources which in the waiting to be approved by the National Assembly. In addition, Angola is Part member of the International Treat on Plant Genetic Resources.
No additional information provided
The National Legislation on Genetic Resoources still yet to be approved by the National Assembly.
Yes
They are called local communities.
Yes
Local communities can grant access to genetic resources concerning to the area they are located but there is no legislation providing them the right to only by themselves issue MAT.
Yes
Whenever the genetic resources is to be accessed in their area of jurisdition, local communities consent is required although it may not be a written authorization.
Yes
This issue has now provision in the new ongoing legislation on genetic resources.
Local communities need to have a good understanding of the Nagoya Protocol provisions and other conservation issues, as well as their rights concerning the access of their traditional knowledge associated to genetic resources. They need to be well represented and their rights taken into account in the all process. The new legislation draft proposal on genetic resources considers these concerns.
Yes
The new legislation draft proposal on genetic resources considers these issues. The country still on its learning process and our local communities also need to be well organised and legally represented.
Yes
The new legislation draft proposal on genetic resources considers these concerns, although we have not yet implemented community protocols and procedures but this is something in consideration. There is a great interest to promote capacity building within our communities and strengthen their involvement and see them benefiting from the sharing of their knowledge with the scientific community. It is understood that by doing this their direct reliance on natural resources can reduce and promote biodiversity conservation.
Yes
If there is traditional knowledge associated to the resources to be accessed, users are informed and local communities are involved and clauses are included in the MoU as user’s obligations. Although the agreement is not signed by local communities representatives, the governmental institution negotiating with users always consider the interest of the concerned community.
No selection made
Yes
This is something the country is brainstorming about to understand the best way to put that in place considering the country’s land law.
Just to update the information, there is an Institute within the Ministry of culture to which some attributions is to promote the rights of local communities.
Yes
This is something that the country needs to work on and is yet to be implemented on the ground.
Yes
This is something that the country needs to work on and is yet to be implemented on the ground.
Yes
This has never been an issue as long as it is done within the country and respects the environment and ecosystem services and all the ecological aspects of it.
No selection made
No additional information provided.
Local communities are not well structured; they have very little knowledge about the Protocol and its provisions; the access to their area of location is not always easy; their level of literacy is very low or none; they need more training concerning some technical aspects of ecosytem services; it is not always easy to identify which community is the owner of the knowledge.
Yes
This encouragement is frequently expressed in the established agreement (MoU) to ensure biodiversity conservation.
No answer provided
The scientific research that has been undertaken by the access of genetic resources promotes the knowledge of biodiversity and also provides data on the status of the resources and its ecosystems. These results are helping decision makers to adpot measures to improve biodiversity conservation. In addition, the capacity building, training and academic education that has been promoted under the non- monetary benefits in the MoUs established by the country help to promote institutional capacity and human resources skills and abilities to work in appropriate measures to ensure a better conservation of natural resources. Some monitoring technologies for wildlife has also been provided.
No additional information provided.
Some of the challenges we would mention is the language barriers because most of the capacity and training are in English which is not the official language; lack of enough and qualified staff to be trained; weak law enforcement; lack of equipments and field materials; lack of sufficient and well equipped research infrastructures; not having enough and well prepared field rangers in protected areas; lack of financial resources to appropriate support conservation.
Yes
It has been happening at certain extent under the umbrella of transfrontier conservation projects such as KAZA, Yona skeleton and also in the project to promote the conservation of the Okavango Basin. The involvement of local communities is critically considered. However, under the Nagoya Protocol there still a lot of work yet to be done to promote appropriate cooperation.
Specifically, concerning the implementation of Article 11.1 we would say no but as said before is something that needs to be promoted. Although we believe that is also important to learn from the experiences of other Parties of the Protocol particularly from those from the region so that appropriated mechanisms of cooperation can be applied.
Not applicable, since there are no indigenous and local communities in my country
Yes
The country is willing to do that and is aware that this duty needs to be done and we need to evaluate the appropriate strategies.
No additional information provided
The country still in the very early stages of the implementation of the Protocol but there is a working programme in place to undertake these tasks. There is consciousness that it won’t be easy, specially because we face some challenges like the lack of enough qualified
human resources, transport, financial resources.
Yes
In the vision of the national programme to implement the Protocol, this provision is considered. In addition, contractual clauses are included in the MoU agreements established with users.
Yes
In the vision of the national programme to implement the Protocol, this provision is considered and guidelines will be developed. It is also considered in the draft proposal legislation on genetic resources.
No additional information provided
The country needs more training capacity on the implementation and provisions of the Protocol as well as financial support.
Yes
Yes
This is a work that has been done with some of the relevant stakeholders, but still a lot to be done and staff and financial resources are highly needed. Some materials for raising awareness have been produced but much more is needed.
Yes
Yes
Some work has been done on this matter with the support of UNEP. We have developed a national programme of awareness-raising and capacity-building on Nagoya Protocol. However, the implementation has been very slow and weak because of the lack of human and financial resources. At this stage, we have been capacitating some staff to work in this programme. The lack of resources creates limitation to access certain areas of communities that needs to be involved.
Yes
Yet, very little but yes the country has received support. As mentioned just above UNEP worked with us in small scale funding agreement to support the ratification of the Protocol. Since then, we only got financial support to attend some training workshops from the GTZ ABS Initiative which was effective but for most of them only one participant could be supported and sometimes the country would not have candidates with the required language skills to benefit from the training.
No
No additional information provided
It was several times mentioned in this report that Angola needs more capacity building in terms of the Protocol and its provisions and also financial support. We believe that awareness-raising is keys in whole this implementation process and we need to accelerate that with the appropriate financial and technical support.
No
Unfortunately, the country is not yet in a position to promote technology transfer but this is something that whenever possible, we consider in the established agreements with users as a non-monetary benefit for Angola. The country shares its scientific and technical knowledge and experiences with partners.
No additional information provided
The main difficulties were to find at the time political support and then the excessive bureaucratic procedures. Thanks to the financial support by UNEP, it was possible to promote awareness and convince decision-makers. Another challenge that could be mentioned was the language issue, as the text of the Protocol had to be translated from English to Portuguese. The bureaucratic process took us a long time to ratify the Nagoya Protocol.
No
Yes
Yes
Yes
Yes
Yes
The financial support was provided by UNEP to promote the ratification of the Protocol.
None
None
Yes
Less than 5
The country needs the opportunity to have more staff to be trained and involved in the implementation of the Protocol.
None
We found it very useful and providing sufficient space to be explanatory. We believe that by using this format the Secretariat of the Protocol can ensure to have reflected in this report the matters that really concerns.
