Botswana- International treaties – Nagoya
RATIFIED INTERNATIONAL INSTRUMENTS
Botswana
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
Art. 1
The legal framework allows for the fair and equitable sharing of the benefits arising from the utilization of genetic resources (GR), including by appropriate access to GR and by appropriate transfer of relevant technologies, taking into account all rights over those resources and technologies, and by appropriate funding.
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Wildlife Conservation and National Parks Act [Chapter 38:01], 1992
Section 93: Where the Minister so recommends, any revenue deriving from the payment of fees for licences or permits to hunt, capture, sell or farm any animals or in respect of any other wildlife activity in its area, other than in a national park or game reserve, shall be paid to the district council concerned. |
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Industrial Property Act [Cap 68:03], 2010
Section 117: (1) Ownership and other rights to traditional knowledge shall belong to the owner of the traditional knowledge. (2) Where traditional knowledge is collectively owned, rights over it shall be exercised and enjoyed collectively in accordance with cultural practices. (3) Notwithstanding subsection (2), local communities which have registered individually for similar or identical elements of traditional knowledge shall have the option to exercise and enjoy their rights over the traditional knowledge individually. (4) An applicant community which comprises of individuals from different countries including Botswana, shall have the right to register and acquire rights over traditional knowledge in Botswana and in the other countries. |
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Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA Treaty), 2011
Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles: […] i. make the KAZA TFCA a programme which epitomises and showcases benefit sharing, equality, good governance, collaboration and cooperation; and […] |
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Botswana National Ecotourism Strategy, 2002
Para 1.2.2 (extract): [...] • Maximising the involvement in, and the equitable distribution of economic benefits to, host communities and citizen entrepreneurs. [...] |
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Wildlife Policy, 2013
Para 5.5.4.3 (extrac): […] Develop benefit-sharing models which are sensitive to the needs of the different sectors of the community and based on accountability. […] |
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National Biodiversity Strategy and Action Plan, 2016
Para 2.3 (extract): The Botswana goals are aligned to those of the CBD strategy in terms of their focus (see Appendix 1 for side-by-side comparison). As with the CBD strategy, these goals will provide the framework for the 20 national targets, which in turn are aligned with the Aichi targets. In order to ensure that action is galvanised, the goals are set for a realistic 10 year period. This assumes that the next revision of the NBSAP could be considered a mid-term assessment of these goals and their related targets. [...] 7) Fair and equitable access to the benefits of biodiversity is secured [...] Para 3.8.16 (extract): Strategic Actions for Target 16: By 2025, the Nagoya Protocol is domesticated and operational, and specific actions that ensure fair and equitable access and benefit sharing are implemented.[...] |
Art.2
The legal framework provides for definitions (of key terms) identical in wording or effect as those set out in the Convention on Biological Diversity (CBD) and the Nagoya Protocol (in particular "utilization of genetic resource", "biotechnology", "derivative").
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No relevant elements identified/documented |
Art.3
The legal framework allows for the taking into account of:
- all GR falling within the scope of the CBD and the benefits arising from the use of these resources; and
- all the traditional knowledge associated with these GR and the benefits arising from the use of this knowledge.
- all GR falling within the scope of the CBD and the benefits arising from the use of these resources; and
- all the traditional knowledge associated with these GR and the benefits arising from the use of this knowledge.
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Botswana Climate Change Policy, 2021
Para 8.1.5 (extract): The government recognises the value of forests and its dual role for adaptation and mitigation to adverse impacts of climate change. Land rehabilitation and forest management are instrumental in maintaining the integrity of forests as providers of ecosystem services and carbon sinks. In order to increase the integrity and sustainability of our forest and ensure that the threats of human and induced interventions are minimized, the Policy will: [...] c) Promote the use of indigenous knowledge and traditional forest management practices that contributes to increased forest cover and land rehabilitation; [...] Para 11 (extract): [...] The government will also develop Climate Change research strategy as a cross sectoral mechanism that will ensure that Climate Change elements are added into formal, informal and non-formal sectors of education and training as a scare skill. This strategy will assist in exploring and utilizing indigenous knowledge and technical expertise in decision making mechanisms. |
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Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011
Article 5 (extract): 1. For the execution of the objectives expressed in this Treaty, the Partner States undertake to uphold the following principles: [...] f. make knowledge based decisions derived from inter disciplinary research and traditional knowledge and to exercise precaution when there is insufficient information; [...] g. share experiences and pool resources and expertise across international borders in areas including indigenous knowledge, tourism management, border control, technology and renewable energy to facilitate development; [...] |
Art.4-1
The legal framework does not modify the rights and obligations arising from an existing international agreement, except in the event that their exercise would cause serious damage to, or pose a serious threat to, biological diversity.
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Wildlife Conservation and National Parks Act [Chapter 38:01]
Preamble (extract): An Act to make further and better provision for the conservation and management of the wildlife of Botswana, giving effect to CITES and any other international convention for the protection of fauna and flora to which Botswana is, from time to time, a party, to provide for the establishment, control and management of national parks and game reserves, and for matters incidental thereto or connected therewith. |
Art.4-2
The legal framework does not prevent the development and application of other relevant instruments, provided they do not contradict the objectives of the CBD.
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No relevant elements identified/documented |
Art.4-3
The legal framework encourages complementarity with other relevant instruments.
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No relevant elements identified/documented |
Art.5-1
The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that the benefits arising from the utilization of GR as well as subsequent applications and commercialization are shared fairly and equitably with the Party providing the resources (country of origin of the resources or party that acquired them in accordance with the CBD), under mutually agreed terms (MAT).
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No relevant elements identified/documented |
Art.5-2
The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that benefits arising from the utilization of GR that are held by indigenous and local communities, in accordance with domestic legislation regarding the established rights of these communities over these GR, are shared in a fair and equitable way with the communities concerned, under MAT.
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No relevant elements identified/documented |
Art.5-4
The legal framework allows the benefits referred to in Art. 5-2 of the Nagoya Protocol to be granted in the form of monetary or non-monetary benefits (including, but not limited to, those listed in the Annex).
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No relevant elements identified/documented |
Art. 5-5
The legal framework allows for the adoption of legislative, administrative or policy measures to ensure that benefits arising from the utilization of traditional knowledge associated with GR held by indigenous and local communities are shared in a fair and equitable way with these communities, under MAT.
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Community Based Natural Resources Management Policy, 2007
Para 6.1: All natural resources shall be recognised as having intrinsic value aand worth economically, environmentally, and socially. Appropriate measures will be taken to identify such value to assist communities in making informed decisions regarding various use and beneficiation options, including 'non-use.' Where possible incentives for the sustainable use of natural resources will be identified and attempts made to promote such use. |
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Wildlife Conservation and National Parks Act [Chapter 38:01]
Section 93: Where the Minister so recommends, any revenue deriving from the payment of fees for licences or permits to hunt, capture, sell or farm any animals or in respect of any other wildlife activity in its area, other than in a national park or game reserve, shall be paid to the district council concerned. |
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Industrial Property Act [Cap 68:03]
Preamble : An Act to provide for the protection of industrial property in Botswana, giving effect to various international conventions, treaties and protocols to which Botswana is a party and for matters related thereto. Section 117: (1) Ownership and other rights to traditional knowledge shall belong to the owner of the traditional knowledge. (2) Where traditional knowledge is collectively owned, rights over it shall be exercised and enjoyed collectively in accordance with cultural practices. (3) Notwithstanding subsection (2), local communities which have registered individually for similar or identical elements of traditional knowledge shall have the option to exercise and enjoy their rights over the traditional knowledge individually. (4) An applicant community which comprises of individuals from different countries including Botswana, shall have the right to register and acquire rights over traditional knowledge in Botswana and in the other countries. |
Art. 6-1
The legal framework allows access to GR for their utilization to be subject to the prior informed consent (PIC) of the Party providing such resources (that is the country of origin of such resources or a Party that has acquired the GR in accordance with the CBD).
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No relevant elements identified/documented |
Art. 6-2
The legal framework allows the PIC or approval and involvement of indigenous and local communities to be required for access to GR where they have the established right to grant access to such resources.
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No relevant elements identified/documented |
Art. 6-3(a)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure legal certainty, clarity and transparency of their domestic access and benefit-sharing legislation or regulatory requirements.
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No relevant elements identified/documented |
Art. 6-3(b)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to establish fair and non-arbitrary rules and procedures on accessing GR.
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No relevant elements identified/documented |
Art. 6-3(c)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to inform on how to apply for PIC.
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No relevant elements identified/documented |
Art. 6-3(d)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure a clear and transparent written decision by a competent national authority, in a cost-effective manner and within a reasonable period of time;
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No relevant elements identified/documented |
Art. 6-3(e)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to ensure the issuance at the time of access of a permit or its equivalent as evidence of the decision to grant PIC and of the establishment of MAT.
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No relevant elements identified/documented |
Art. 6-3(f)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to set out criteria and/or processes for obtaining PIC or approval and involvement of indigenous and local communities for access to GR.
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No relevant elements identified/documented |
Art. 6-3(g)
When PIC is required, the legal framework allows for the adoption of legislative, administrative or policy measures to establish clear rules and procedures for requiring and establishing MAT, and including in particular the following requirements:
(i) a dispute settlement clause;
(ii) terms on benefit-sharing, including in relation to intellectual property rights;
(iii) terms on subsequent third-party use, if any; and
(iv) terms on changes of intent, where applicable.
(i) a dispute settlement clause;
(ii) terms on benefit-sharing, including in relation to intellectual property rights;
(iii) terms on subsequent third-party use, if any; and
(iv) terms on changes of intent, where applicable.
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No relevant elements identified/documented |
Art. 7
The legal framework allows for access to traditional knowledge associated with GR that is held by indigenous and local communities to be conditional upon the PIC or approval and involvement of these communities, and upon the establishment of MAT.
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No relevant elements identified/documented |
Art. 8
The legal framework allows:
a) the promotion of research contributing to the conservation and sustainable use of biodiversity;
b) the consideration of present or imminent emergencies that threaten or damage human, animal or plant health; and
c) the recognition of the importance of GR for food and agriculture and their special role for food security.
a) the promotion of research contributing to the conservation and sustainable use of biodiversity;
b) the consideration of present or imminent emergencies that threaten or damage human, animal or plant health; and
c) the recognition of the importance of GR for food and agriculture and their special role for food security.
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Environmental Assessment (Amendment) Act of 2020
Section 69: (1) Where a proposed activity is likely to have a significant adverse environmental impact in another country, the competent authority shall consult the Minister. (2) The Minister shall, through the Minister responsible for foreign affairs, inform the country concerned about the intended activity, by sending to that country’s minister responsible for foreign affairs, the terms of reference or a statement, and any other relevant information. (3) This section applies to any country – (a) in respect of which the Minister, having regard to any reciprocal provisions under the laws of that country, so directs; or (b) that is a party to an international agreement or treaty to which Botswana is a party, where the parties to the international agreement or treaty are obliged to inform one another. |
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National Disaster Risk Management Plan (NDRMP), 2009-2014
Para 4.5: The Ministry Environment, Wildlife and Tourism has the overall responsibility for providing policy and regulatory framework, technical advice and information on environmental and tourism matters. The Ministry is also responsible for providing guidance on management, protection and conservation of natural resources. The Ministry further ensures that the country’s natural resources benefit society and contribute to poverty alleviation. In terms of disaster risk reduction, mitigation and response measures, the Ministry is responsible for: 1. Sound conservation and management of natural resource through development of management plans, zonation and protection of environmentally sensitive area 2. Conducting of public education and awareness programmes to sensitise the community on wild land fires and related issues including mobilisation of resources for fire fighting. 3. Identification and coding of areas of high risk and low risk to wild land fires in the country and construction, maintenance and monitoring of fire breaks. 4. Providing factual reports and pictorial coverage of natural and manmade disasters in Botswana. 5. Management of wild land fires through prevention, suppression, prescribed burning and periodic monitoring. 6. Facilitating development of national, district, and village wild land fire contingency plans. 7. Providing information such as rainfall data as well as on air pollution in collaboration with national, regional and global facilities for early warning to relevant stakeholders. 8. Preparation, coordination and provision of response safety guidelines, Standard Operating Procedures (SOPs) and procedures for volunteers and government officials. 9. Undertaking Environmental Audits to provide mitigation measures against disasters where environmental hazards emerge as programs and projects are implemented. 10. Developing and implementing Emergency Response Plan and appropriate mitigation measures for potential pollution arising from catastrophes or incidents as well as chemical hazard spillage. Para 4.9: The Ministry of Foreign Affairs and International Cooperation is responsible for promoting Botswana’s national interests abroad. On DRM issues the Ministry is responsible for: 1. Developing procedures on international and regional assistance including military assistance from neighbouring countries. 2. Acting as a liaison channel for all external involvement during disaster relief, post relief and rehabilitation in conjunction with the relevant ministries. 3. Processing through diplomatic channels offers and requests for external disaster assistance. 4. Disseminating information to international partners, donors, and governments on the country disaster risk management needs and requirements for international support. 5. Maintaining guidelines on international arrangements concerning international disaster assistance. |
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Botswana University of Agriculture and Natural Resources Act [Chapter 57:02]
Section 4: (1) The objectives of the University shall be to provide higher education and training in the field of agriculture and natural resources or related sciences and such other allied and related subjects as the Council may, from time to time determine. (2) Without derogating from the generality of subsection (1), the University shall- (a) undertake, promote and facilitate research and scholarly investigations in the field of agriculture and natural resources or related sciences; (b) advance and disseminate knowledge and skills through teaching, learning and practical skills training in the field of agriculture and natural resources or related sciences; (c) contribute to national and international scientific and technological development in the field of agriculture and natural resources or related sciences; (d) support and contribute to the realisations of national economic and social development in the field of agriculture and natural resources or related sciences; (e) contribute to the cultural and social life of the community in the field of agriculture and natural resources or related sciences; and (f) advance the intellectual and human resource capacity of the nation of Botswana and the international community in the field of agriculture and natural resources or related sciences. |
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Agreement on the Establishment of the Zambezi Watercourse Commission of 13 July 2004
Article 17 : Emergency situations 1. For the purposes of this Article, "emergency" means a situation resulting suddenly either from natural causes or from human conduct and causing or posing an imminent threat of causing serious harm to the Zambezi Watercourse or to a Member State. 2. A Member State shall, without delay and by the most expeditious means available, notify and promptly supply all the necessary information to other potentially affected Member States as well as the Secretariat of any emergency originating within its territory. 3. A Member State within whose territory an emergency originates shall, in co-operation with potentially affected Member States and, where appropriate, the Secretariat, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency. 4. Member States shall individually and or jointly develop contingency plans for responding to emergencies in co-operation, where appropriate, with the Secretariat and competent institutions and international organisations. |
Art.9-I
The legal framework encourages users and providers to direct benefits arising from the utilization of GR towards the conservation of biodiversity and the sustainable use of its components.
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National Environmental Fund Order, S.I. 70, 2010
Para 4: (1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment. (2) Without prejudice to the generality of subparagraph (1), the Fund may provide for- (a) Sustainable- (i) development, (ii) use of natural resources, and (iii) activities related thereto; (b) development and implementation of community based natural resource management activities; (c) support to the eco-tourism sector and to the development of national heritage sites; (d) rehabilitation of degraded ecosystems; (e) promote activities related to- (i) protection of the urban environment, (ii) climate cha+D19nge mitigation and adaptation, (iii) waste management and pollution control, (iv) environmental awareness and education, and (v) environmental research and monitoring; (f) capacity building and training programmes in environmental management and sustainable development; and (g) compensation for damage caused by wildlife. |
Art. 11
The legal framework allows for transboundary cooperation with the involvement of indigenous and local communities concerned, in cases where:
a) the same GR are found in situ within the territory of more than one Party; or
b) the same traditional knowledge associated with GR is shared by one or more indigenous and local communities in several Parties.
a) the same GR are found in situ within the territory of more than one Party; or
b) the same traditional knowledge associated with GR is shared by one or more indigenous and local communities in several Parties.
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No relevant elements identified/documented |
Art. 12-1
The legal framework allows the customary law of indigenous and local communities, as well as their protocols and procedures, to be taken into account in relation to traditional knowledge associated with GR.
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No relevant elements identified/documented |
Art. 12-2
The legal framework allows for the establishment, with the effective participation of the indigenous and local communities concerned, of mechanisms to inform potential users of traditional knowledge associated with GR about their obligations.
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No relevant elements identified/documented |
Art. 12-3
The legal framework allows for the development by indigenous and local communities, including women, of:
(a) community protocols in relation to access to traditional knowledge associated with GR and the fair and equitable sharing of benefits arising out of the utilization of such knowledge;
(b) minimum requirements for MAT to secure the fair and equitable sharing of benefits arising from the utilization of traditional knowledge associated with GR; and
(c) model contractual clauses for benefit-sharing arising from the utilization of traditional knowledge associated with GR.
(a) community protocols in relation to access to traditional knowledge associated with GR and the fair and equitable sharing of benefits arising out of the utilization of such knowledge;
(b) minimum requirements for MAT to secure the fair and equitable sharing of benefits arising from the utilization of traditional knowledge associated with GR; and
(c) model contractual clauses for benefit-sharing arising from the utilization of traditional knowledge associated with GR.
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Tourism development fund order (section 38), 2 February 2018
Para 4 (extract): The purpose of the Fund is to- […] (d) Develop complimentary events intended to increase community beneficiation and to encourage local and regional participation in Botswana tourism; […] |
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Community Based Natural Resources Management (CBNRM) Policy, 2007
Para 6.1 : All natural resources shall be recognised as having intrinsic value and worth economically, environmentally, and socially. Appropriate measures will be taken to identify such value to assist communities in making informed decisions regarding various use and beneficiation options, including 'non-use.' Where possible incentives for the sustainable use of natural resources will be identified and attempts made to promote such use. |
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Botswana National Ecotourism Strategy, 2002
Para 1.2.2 (extract): [...] • Maximising the involvement in, and the equitable distribution of economic benefits to, host communities and citizen entrepreneurs. [...] Para 2.6 (extract): To facilitate the development of tourism infrastructure that minimises negative impacts, maximises the benefits of ecotourism, and is sensitive to target market expectations. [...] |
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Wildlife Policy, 2013
Para 5.5.2: The growth in benefits of the wildlife sector over the last few decades needs to be maintained in future to eradicate poverty and contribute to development. There is need to share the benefits, costs and risks of the wildlife sector more evenly between the private sector, Government and communities and between different parts of the country. This Policy recognises the importance of the social and cultural context of communities in wildlife management. Local conservation and management strategies are historically and traditionally key factors in the utilisation of wildlife and other natural resources. It is therefore imperative that strategies and plans for conserving and managing wildlife resources are enriched with socio-cultural and indigenous knowledge. |
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National Biodiversity Strategy and Action Plan, 2016
Para 3.8.18 (extract): Strategic Actions for Target 18: by 2025, the indigenous knowledge of Botswana’s various communities, as it relates to the conservation and sustainable use of biodiversity in all the country’s ecoregions, will be documented, assessed and legally protected, and - where relevant - integrated into programmes and projects supporting biodiversity conservation. [...] |
Art. 12-4
The legal framework does not contain provisions that restrict the customary use and exchange of GR and traditional knowledge associated with GR to within and amongst indigenous and local communities in accordance with the objectives of the CBD.
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No relevant elements identified/documented |
Art.13-I
The legal framework designates a national correspondent for access and benefit-sharing.
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No relevant elements identified/documented |
Art.13-II
The legal framework designates one or more national authorities responsible for access and benefit-sharing (this entity can combine the functions of national correspondent and competent national authority).
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No relevant elements identified/documented |
Art.15-I
The legal framework allows for the adoption of appropriate, effective and proportionate legislative, administrative or policy measures to ensure that to GR used under the country's jurisdiction have been accessed subject to PIC and that MAT have been established.
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No relevant elements identified/documented |
Art.15-II
The legal framework allows for the adoption of appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with Article 15-1.
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No relevant elements identified/documented |
Art.15-III
The legal framework allows for cooperation with other States in the event of an alleged violation of internal laws or regulations relating to access and benefit-sharing mentioned in Article 15-1.
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No relevant elements identified/documented |
Art.16-I
The legal framework allows for the adoption of appropriate, effective and proportionate legislative, administrative or policy measures to ensure that access to traditional knowledge associated with GR used under the country's jurisdiction has been subject to PIC or the approval and involvement of indigenous and local communities and that MAT have been established.
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No relevant elements identified/documented |
Art. 16-II
The legal framework allows for the adoption of appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with Article 16-1.
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No relevant elements identified/documented |
Art.16-III
The legal framework allows for cooperation with other States in the event of an alleged violation of internal laws or regulations relating to access and benefit-sharing mentioned in Article 16-1.
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No relevant elements identified/documented |
Art.17
The legal framework allows for the adoption of measures to monitor the use of GR and increase transparency regarding their utilization.
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No relevant elements identified/documented |
Art.18
The legal framework allows for the adoption of measures to encourage providers and users of GR and/or traditional knowledge associated with GR to include dispute settlement provisions in the MAT.
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No relevant elements identified/documented |
Art.19
The legal framework allows for the adoption of measures to encourage the development, updating and use of standard sectoral and cross-sectoral contractual clauses for MAT.
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No relevant elements identified/documented |
Art.20
The legal framework allows for the adoption of measures to encourage the development, updating and use of voluntary codes of conduct, guidelines and good practices and/or standards related to access and benefit-sharing.
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No relevant elements identified/documented |
Art.21
The legal framework encourages public awareness raising of the importance of GR and traditional knowledge associated with GR, and related access and benefit-sharing issues.
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No relevant elements identified/documented |
Art.23
The legal framework allows for collaboration with other States on research and development programs, including biotechnology research activities.
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No relevant elements identified/documented |