Biopiracy on Zambian Medicinal Plants

1. Biopiracy on Zambian Medicinal Plants PAPER PRESENTED AT THE FIRST ACCESS AND BENEFIT SHARING WORKSHOP FOR AFRICA, CAPE TOWN, SOUTH AFRICA, 19 – 24 NOVEMBER 2006 by Lovemore Simwanda

2. Structure of the Presentation • Background • Name and Type of Genetic Material • Actors involved • How the Genetic Resource is Used  • Type/Kind of ABS Agreements • Lessons learnt • Agreed Benefits in the Agreements  • Benefits Realised to Date • Direct Contribution to Poverty Alleviation • Changes needed at the local, national and /or International Levels • Conclusions

3. Background • Zambia human capital formation that is necessary to generate sustained economic growth is impeded not only by lack of adequate social sector expenditures but by high incidence of HIV/AIDS • Sixteen percent of the adult population aged 15 years and 49 years inclusive is stricken by this disease and related opportunistic infections • Consequently this impedes the country's capacity to develop by shortening human productivity and life expectancy • Zambia has abandant medicinal plants in its major natural miombo vegetation

4. Background Ct’d • Zambian traditional medicine plays an important and vital role in most parts of the country given the fact that adequate modern health facilities are lacking. • General ailments are treated locally at household level and most households depend on traditonal medicine knowledge available within their reach • The traditional knowledge on the use of medicinal plants has been orally passed on through the several generations.

5. Name and Type of Genetic Material • Several medicinal plant genetic materials (actual names withheld) • Medicinal Plant Biological/Gentic are under threat by external collectors operations who come under a number of ventures and at times digise themselves through legitiimate social institutions.

6. Actors involved • Traditional Healers Practioners Association of Zambia (THPAZ) • Ministry of Health • National Aids Council of Zambia (NAC) • Forestry Department • Environmental Conservation Association of Zambia (ECAZ)

7. How the Genetic Resource is Used  • The Plant Genetic Resources are used for medicinal purposess; especially those plant genetic material that have been associated with blood boasting and immunity enhancement, curing of HIV/AIDS • The Biopiracy agents tend to visit the suspected patients being treated with the same plant genetic material • unsuspecting patient or gardian give out the information without any reservations

8. Type/Kind of ABS Agreements • There are no proper agreements in place with the foreign collectors • foreign collectors come into the country as people working on humanitarian programmes e.g addressing Health, hunger, unemployment through the promotion of agriculture activities, poverty alleviation etc. • Foreign collectors initially develop some local relationships with some local traditional healers • Later become members of the local Traditional Healers Practitioners Association of Zambia • Through paying a membership fee, a certificate is issued

9. Lessons learnt • Loss of control of biological/genetic resources and accompanying TK • Biopiracy denies the country as well as the local communities fair and equitable benefits resulting from the commercialisations of their biological resources and TK • Lack of respect and recognition of the contribution of local communities in selection or identifying genetic potential of biological resources. • Privatization also Leads to monopolistic control of natural resources and deny community access to most critical elements of human survival such as health and food.

10. Lessons Learnt Ct’d • Lack of legal framework on ABS in line with the CBD and ITPGRFA • Lack of domestication of international treaties such as CBD and ITPGRFA etc. • Fragmented institutions such as govt ministries regulating ABS • Poorly organised structures on local communities • Poverty in most local African communities which may impact on the way they may grant access to genetic resources • Govt. interference in ABS • Lack of priority on the legal reform on ABS • Lack of resources and political will • Lack of public awareness and education on the actual and potential value of biodiversity.

11. Agreed Benefits in the Agreements  • There is none so far. • Only through the membership fees paid to THPAZ of $150.0 per year or $250.0 per five years and a membership certificate is issued. • Benefits Realised to Date – None • Direct Contribution to Poverty Alleviation – None

12. Changes needed at the local, national and /or International Levels • Need to control access to biological/genetic resources and Traditional Knowledge through the introduction of appropriate legislation and establishment of institutional structures. • Need to increase public appreciation, education and awareness of the value and importance of biodiversity, and public involvement in its conservation and sustainable use. • Need to take audit /document the biological/genetic resources and Indigenous knowledge.

13. Conclusion • Biopiracy if not stopped, will continue to erode the biological/genetic resources of the developing countries as well as denying them fair and equitable benefits derived from their losses. • There is need to strengthen the policy, institutional and legal frameworks in the developing countries particularly those in Southern Africa which to date have no national legislation on ABS. • ABS legal regime should be flexible and tailored made to a particular country’s needs. • There is need to urgently formulate ABS legislation for Zambia in line with the CBD and ITPGRFA. • Use of the Capacity Building Training Module on Policy and Law for Biological/Genetic Resources

14. END OF PRESENTATION THANK YOU!