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UIDELINES

APROACHES TO ABS AND TRADITIONAL KNOWLEDGE ROLE OF THE AU(OAU) MODEL LAW by Prof. J.A.Ekpere Email: jekpere@hyperia.com Tel 234 1 262 9199. Mobile: 234 803 323 0430. T.

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UIDELINES

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  1. APROACHES TO ABS AND TRADITIONAL KNOWLEDGEROLE OF THE AU(OAU) MODEL LAWby Prof. J.A.EkpereEmail: jekpere@hyperia.comTel 234 1 262 9199. Mobile: 234 803 323 0430

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  3. 2. INTRODUCTIONTHE RATIFICATION OFTHE CONVENTION ON BIOLOGICAL DIVERSITY (CBD) , THE CONCLUSION OF THE FAO INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE, THE ADOPTION OF THE BONN GUIDELINES ON ACCESS AND BENEFIT SHARING AND SIMILAR OTHER GLOBAL CONVENTIONS AND TREATIES HAVE ALL CONVERGED TO PUT SEVERAL NEW ISSUES ON THE AGENDA FOR AFRICA’S DISCUSSION. THE AFRICA MODEL LAW IS ONE EFFORT TO PROVIDE A FRAMEWORK FORTHEIR DISCUSSION, COMMON UNDERSTANDING, FURTHER NEGOTIATIONS, COMPLIANCE AND IMPLEMENTATION UIDELINES

  4. 3. ROLETHE OBECTIVE OF THE AU (OAU) MODEL LAW IS TO:ASSIST MEMBER STATES TO DELIBERATE AND IMPLEMENT:I. NATIONAL POLICIESII. DEVELOP LEGAL INSTRUMENTS COMPLIANT WITH INTERNATIONAL OBLIGATIONS AND COMPATIBLE WITH NATIONAL GOALS AND ASPIRATION III. CRAFT NATIONAL LEGISLATION THAT COULD GIVE REASONED ATTENTION TO CONSERVATION OF BIOLOGICAL DIVERSITY,SUSTAINABLE USE OF BIOLOGICAL RESOURCES,SUSTAINABLE FOOD SECURITY, PROTECTION OF COMMUNITY RIGHTS, EQUITABLE SHARING OF BENEFITS, A MECHANISM FOR REGIONAL COORDINATION.

  5. 4. THE CORE PRINCIPLES OF THE LAW INCLUDE:NATIONAL FOOD SECURITYSOVEREIGN RIGHT OF STATESCOMMUNITY RIGHTSCOMMUNITY KNOWLEDGEPARTICIPATION IN DECISION MAKINGREGULATION OF ACCESS TO BIOLOGICAL RESOURCESPRIOR INFORMED CONSENTEQUITABLE SHARING OF BENEFITSNO PATENT ON LIFE FORMSROLE OF WOMEN IN CONSERVATION OF NATURE

  6. 5. THE MODEL LAW IS ORGANIZED INTO 8 PARTS WITH 68 ARTICLESPART 1 OBJECTIVESPART 2 DEFINITION AND SCOPEPART 3 ACCESS TO BIOLOGICAL RESOURCESPART 4 COMMUNITY RIGHTSPART 5 FARMERS RIGHTSPART 6 PLANT BREEDERS RIGHTSPART 7 INSTITUTIONAL ARRANGEMENTSPART 8 ENABLING PROVISIONS

  7. 6. CURRENT STATUSEFFORTS AT IMPLEMENTATION REMAIN SLOW, BUT CAN BE CLASSIFIED INTO COUNTRIES WITH:1. LEGAL INSTRUMENTS PARTIALLY FASHIONED ACCORDING AFTER THE AU (OAU) MODEL LAW2. COUNTRIES WITH ENABLING LEGISLATION PENDING IN PARLIAMENT3 OAPI COUNTRIES WHICH HAVE RATIFIED THE BANGUI ACCORD4. COUNTRIES WITH NO LEGISLATION

  8. 7. MAJOR PROBLEMS WITH IMPLEMENTATIONOF THE LAW;1. LACK OF AWARENESS AND POOR UNDERSTANDING2. LOW CAPACITY, SKILLS AND EXPERTISE IN LEGAL DRAUGHTING3. LACK OF FUNDS FOR THE IMPLEMENTATION PROCESS4. DEFINITIONAL PROBLEMS5. EQUIVALENCE OF TERMS6. INTANGIBLES ( EXTERNAL PRESSURES AND LACK OF POLITICAL WILL)

  9. 8. SUGGESTED SOLUTIONS;1. CREATE AWARENESS AND BETTER UNDERSTANDING2. DEVELOP A CORE OF COMPETENT IMPLEMENTATION STAFF3. MASS PRODUCE AND CIRCULATE THE MODEL LAW4. DEVELOP AND FUND AN AFRICAN ABS AND TK IMPLEMENTATION STRATEGY THANK YOU

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