March 2007

1. Ethiopian Proclamation on Access to Genetic Resources and Community Knowledge and Community RightsGirma Balcha (Ph.D)Institute of Biodiversity ConservationAddis Ababa March 2007

2. Table of Content • Introduction • General Provisions • Proclamation of Community Rights • Condition of Access • Follow-up Compliance Measures • Exploration of Genetic Resources • Administration of Access • Miscellaneous Provision

3. 1. Introduction • Ethiopia's immense biodiversity wealth be conserved, sustainably utilized • Ethiopia is a Party to the Convention on Biological Diversity (CBD), that the Convention requires Legislation on ABS

4. Ethiopia has agreed to, and arctect of the African Model Law on: • Access and Benefit-sharing; • Community Rights; • Farmers’ Rights; • Plant Breeders Rights;

5. Ethiopia’s diverse and rich Community Knowledge (CK) associated with genetic resources (GR) be conserved • It is, therefore, necessary to determine by law the access to, and benefit-sharing from, genetic resources and associated community knowledge • This is, therefore, to approve the right of communities over their GR and associated CK • This Proclamation has seven Parts and 38 Articles

6. Part OneGeneral Provisions Art. 1: Short Title The proclamation may be cited as “Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation No. 482/2006”

7. Art. 2: Definitions Access, biological resource, Derivative, ex situ, In situ, exploration, Institute, Local Community, Prior Informed consent, Relevant institution, State, Community Knowledge, Biodiversity, genetic resource, Person

8. Art. 3: Objectives To ensure fair and equitable share of benefits arising out of the use of GR and CK for the country and its communities Art. 4: Scope of application It applies to: • Access to genetic resources found in: • In situ • Ex situ • Community knowledge

9. It does not apply to: • Customary use • Exchange of genetic resources • Exchange of community knowledge among Ethiopians • Sale of biological products for direct consumption

10. Art. 5: Ownership • Genetic resource: • Vested in the state and the Ethiopian People • Community Knowledge: - Vested in the concerned local community

11. Part TwoProclamation of Community Rights Art. 6: Principle • Right of local communities over GR • Regulate access to their CK • Have inalienable right to use their GR • Have the right to share benefits

12. Art. 7: Right to Regulate Access • Give Prior Informed Consent (PIC) • The right to refuse consent if believed detrimental to the integrity of their culture and natural heritage • The right to withdraw or restrict the PIC * Conditions to regulate access can be specified by regulation

13. Art. 8: Use Right • Local communities have full right to use and exchange their GR and CK • No legal restriction shall be placed on the use and exchange of GR and CK

14. Art 9: Right to share benefits • Local communities have the right to share benefits arising out of the use of their CK • Local communities have the right to share 50% of the benefits shared by the State from the benefits derived out of access to genetic resources • Money obtained shall be put for common use of local communities * Details shall be specified in Regulation

15. Art. 10: Protection of Community Rights • Rights of local communities over their GR and CK protected as they are part of their life • Item of CK shall be ascertained by the concerned local community • Non-registration of CK shall not render it unprotected • Situaitons like: • Publication • Oral description • Ex situ and/or in situ holding of GR or CK shall not affect their protection by community rights

16. Part ThreeCondition of Access Art. 11: Requirement of Permit • No one shall access GR or CK without granted permit by the Institute • Granted permit to GR shall not be constructed to access CK • No person shall export GR without permission • State organs working on GR or CK shall not transfer them to third person

17. Art. 12: Basic Pre-conditions of Access • Access to GR shall be subject to PIC of the Institute • Access to CK shall be subject to PIC of the concerned community • The state and the concerned local community obtain equitable benefits • A foreigner access applicant shall present a supportive letter from competent authority of his/her national state to uphold and enforce access obligation • Research on accessed GR shall be carried out in Ethiopia with participation of Ethiopians • Research permitted to be carried out abroad, sponsoring institutions shall give assurance for compliance

18. Art. 13: Conditions for Denial of Access Access may be denied: • For endangered species • If access causes adverse effect on health, cultural values, environment or ecosystem • If intention of use is against the national laws of Ethiopia or treaties it ratified • If applicant has violated hitherto access conditions

19. Art. 14: Issuance of Access Permit • Written application be produced • The Institute gives PIC • Negotiate on benefit-sharing • Sign agreement • For CK, concerned local communities give PIC

20. Art. 15: Special Access Permit • Access procedure may not be needed for: • Local research institutions • Local higher learning institutions • Intergovernmental institutions based in Ethiopia • Access under multilateral system shall be in accordance with specified procedure

21. Art. 16: Contents of Access Agreement • Identify of Parties to the agreement • Description on GR/CK • Locality of GR/CK • Institution where GR/CK to be deposited • Intended use • Institution designated by the Institute to collect GR/CK • Benefit to be obtained by the State/Community • Duration of Access • Dispute settlement

22. Art. 17: Obligation of Access Permit Holder • Deposit copy of permit to relevant Regional Institution • Observe the type and quantitative limit while collection • Observe rules of protected areas • Deposit samples and descriptions at the Institute • Submit status report to the Institute • Inform the Institute all findings of the research

23. No transfer of the GR/CK to third Party • Return any unused material • To acquire IPR, new agreement shall be negotiated • Not apply for a patent or any other IPR without consent from the Institute • Recognize GR/CK collection locality as the origin of GR/CK • Share benefits • Respect laws of the country: sanitary control, biosafety, environment protection • Respect traditional values and customs of local communities • Observe terms and conditions of access agreement

24. Art. 18: Benefit-sharing • Type and amount of the benefit shall be determined case by case • Condition of benefit shall be determined by Regulation

25. Art. 19: Types of Benefit • License fee • Upfront payment • Milestone payment • Royalty • Research funding • Joint ownership of IP • Employment opportunity • Participation of Ethiopians in research • Get priority of raw materials to produce products from • Get training and technical skills • Other benefit as appropriate

26. Part FourFollow-up Compliance Measures Art. 20: Follow-up The Institute follows-up execution through: • Inspection • Periodic progress and status reports • Report by any other person • Any other mechanism - Feedbacks

27. Art. 21: Compliance Measure • Access agreement can be altered or limited if recognized to pose negative effects • Suspend or terminate agreement if provisions violated or non-compliance

28. Part FiveExploration of Genetic Resources Art. 22: Prohibition • Exploration shall not be conducted without exploration permit with the exception of some state organs Art. 23: Application • Application needed for exploration • Application shall specify purpose of exploration, type of GR etc.

29. Art. 24: Granting exploration perit • Exploration permit can be granted if satisfactory • If need be Institute assigns staff to accompany exploration mission Art. 25: Obligations of Explorers • Deposit exploration permit with concerned body • Strictly observe terms and conditions of permit • Present to the Institute detailed report • Respect local customs, values, etc.

30. Part SixAdministration of Access Art. 26: Powers of Ministry of Agriculture and Rural Development (MoARD) • MoARD follow-up implementation with regard to wild animals

31. Art. 27: Powers and Duties of the Institute • Follow-up and ensure access is carried out as proclaimed • Follow-up benefit-sharing is carried out as proclaimed • Prepare model access agreement • Collect, analyse and disseminate information • Follow-up legal actions • Delegate power and duties to others where deemed necessary

32. Art. 28: Responsibilities of Local Communities • Prohibit collection without permit other than those who are legally permitted Art. 29: Responsibilities of Regional Bodies • Regulate GR • Require access permit • Seize GR collected without permit and present the person to the law • Notify such cases to the Institute

33. Art. 30: Responsibility of Customs Officers • Inspect GR being taken out is accompanied by export permit • Require any one leaving the country with GR necessary permit • Seize GR being transported out without permit • Ensure clear labeling that GR exported with biological products shall not be used other than just consumption-doing so is penal offence

34. Art. 31: Responsibilities of Mail Service Institutions • Postal or courier services shall require from clients to get permit from the Institute before exporting GR Art. 32: Responsibilities of Quarantine Control Institutions • Quarantine Institution shall ensure quarantine certificate should not be used as GR certificate

35. Part SevenMiscellaneous Provisions Art. 33: Transitory Provisions Access agreement prior to this proclamation shall be revised and harmonized Art. 34: Duty to Cooperate • Any person shall have the duty to cooperate

36. Art. 35: Penalty • Access GR/CK without permit • Provide false information • Change the purpose of access • Explore GR without permit • Breaching one of the above * Imprisonment not less than three years and fine of between 10,000 and 30,300 Birr

37. Art. 36: Inapplicable Laws • No law, regulation, directive or practice have effect if inconsistent with this Art. 37: Power to issue Regulation • Council of Ministers may issue regulation for proper implementation Art. 38: Effective Date • Upon publication in the Federal Negarit Gazeta Addis Ababa 27 February 2006

38. Thank you