Zimbabwe - International treaties - Nagoya
RATIFIED INTERNATIONAL INSTRUMENTS
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Zimbabwe
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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Environmental Management Act [Chapter 20:27]
Section 117(2). Without prejudice to the generality of subsection (1), the regulations specified in subsection (1) may (b) 'provide for the equitable sharing of benefits arising from the technological exploitation of germplasm originating from Zimbabwe between the owner of the technology and the Government. |
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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 8(1). The following rights shall subsist exclusively in a local authority or indigenous community, as the case may be, in relation to any genetic resources and indigenous resources based knowledge that constitute part of the common, tradition or customary patrimony of the local authority or indigenous community - (a) To manage, maintain, conserve or reproduce genetic materials that are indigenous to the local authority or indigenous community concerned. Section 14(5). In considering an application for a bioprospecting or general licence involving any access to genetic materials or indigenous genetic resource-based knowledge the licensing authority shall—(a) satisfy itself that− (...) Any benefits that may accrue from the licensed use of the genetic materials or knowledge in question, and explore ways in which the community may share in those benefits. |
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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Environmental Management Act [Chapter 20:27]
Section 2 'biological diversity' means Biological Diversity as defined in the United Nations Convention on Biological Diversity adopted in 1992; |
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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 2 'biological diversity' means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; 'genetic material' means any material of plant, animal, microbial or other origin containing functional units of heredity; 'genetic resources' means genetic material of actual or potential value; 'sustainable use' means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations; |
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.
No relevant elements identified/documented |
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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Environmental Management Act [Chapter 20:27]
Section 116 (1). The Minister shall take such measures as may be necessary for the conservation of biological diversity and the implementation of Zimbabwe’s obligations under the United Nations Convention on Biological Diversity adopted in 1992 and may, in so doing […] |
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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Environmental Management Act [Chapter 20:27]
Section 116 (1) The Minister shall take such measures as may be necessary for the conservation of biological diversity and the implementation of Zimbabwe’s obligations under the United Nations Convention on Biological Diversity adopted in 1992 and may, in so doing […] ( f ) develop national strategies, plans and programmes for the conservation of the biological diversity of Zimbabwe; (2) The Minister may, on the advice of the Board and in consultation with the responsible Minister, take such action or measures as may be necessary for the conservation of the biological diversity of a specific locality and may, in so doing (a) promote such land use methods as are compatible with the conservation of the biological diversity of that locality; (...) |
Art.4-3
The legal framework encourages complementarity with other relevant instruments.
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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 5 (2) The Committee shall have the following specific functions— (...) (f) promoting the use of all available and appropriate scientific techniques and procedures in order to identify and classify genetic resources, such as molecular techniques of identification; and (g) developing an archive of records in any medium embodying the indigenous genetic resource-based knowledge of indigenous communities, with a view to providing a basis for the recognition of community ownership fights in that knowledge; and (h) monitoring the causes of the loss or scarcity of genetic resources; and (i) establishing contact and maintaining liaison with bodies in other countries and international organisations concerned with conservation and sustainable utilisation of genetic resources; and […] |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (5). In considering an application for a bioprospecting or general licence involving any access to genetic materials or indigenous genetic resource-based knowledge the licensing authority shall— (...) (b) where the materials and knowledge in question are indigenous to a particular community− (i) seek the explicit prior informed consent of the community concerned, and such community shall have the right to refuse consent or access to the genetic materials or knowledge in question where such access will be detrimental to the integrity of their natural and cultural heritage; and (ii) transparently and as accurately as possible calculate and disclose to the community— A. any ecological or environmental costs that may be incurred as a result of the licensed use of the genetic resources, and ensure that provision is made under the licence for the community to be compensated for those costs if the licence is granted; and B. any benefits that may accrue from the licensed use of the genetic materials or knowledge in question, and explore ways in which the community may share in those benefits. |
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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Environmental Management Act [Chapter 20:27]
Section 117(2). Without prejudice to the generality of subsection (1), the regulations specified in subsection (1) may (b) 'provide for the equitable sharing of benefits arising from the technological exploitation of germplasm originating from Zimbabwe between the owner of the technology and the Government. |
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Traditional Leaders Act [Chapter 29:17]
Section 5(1)(l) A chief within an area shall be responsible ensuring that the land and its natural resources are used and exploited in accordance with the law (...) . |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge— (...) (b) to give its explicit prior informed consent to such access, where such access(c) to be compensated for (i) any ecological or environmental costs that may be incurred as a result of such access; and (ii) any benefits that may accrue from such access. Section 34 (1) The principal purpose of a public hearing held in connection with any application for a licence pursuant to section 23(4) or 25(5) shall be — (...) (2) In particular, where an application for a licence involves any access to— (a) genetic materials, indigenous genetic resource-based knowledge, traditional medicines or items of traditional medical knowledge, that are indigenous to a particular community, the Committee or Subcommittee shall— (...) (ii) transparently and accurately calculate and disclose to the community— (...) B. any benefits that may accrue from allowing access to the materials, medicine or knowledge in question,, and explore ways in which the community may share in those benefits; (b) traditional medicines or items of traditional medical knowledge, that is the subject of an individual proprietary claim, the Committee or Subcommittee shall— (...) (ii) transparently and as accurately as possible calculate and disclose to the traditional medical practitioner concerned— (...) B. any benefits that may accrue from the collection, use or exploitation of the of the medicine or knowledge in question, and explore ways in which the practitioner may share in those benefits; |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3(e). The purposes of these regulations are, pursuant to sections 116 and 117 of the Act, to— (...) (e) implement appropriate mechanisms for the fair and equitable sharing of the benefits arising from the use of genetic resources and indigenous genetic resource-based knowledge, that is to say, mechanisms that ensure the participation and agreement of concerned communities in making decisions regarding the distribution of benefits which may be derived from the use of genetic resources and indigenous genetic resource-based knowledge. Section 5(2)(a). The Committee shall have the following specific functions (a) Evolving a long term policy and guidelines for conservation and sustainable use of genetic resources and their components and the equitable sharing of benefits arising from the utilisation of genetic resources. |
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).
No relevant elements identified/documented |
Art. 6-2
The legal framework provides that the PIC or approval and involvement of indigenous and local communities is obtained for access to genetic resources where they have the established right to grant access to such resources.
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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge— (a) to be consulted with respect to such access where it is to be given to persons who are not residents of the local authority or members of the indigenous community concerned; and (b) to give its explicit prior informed consent to such access, where such access— (i) is to be given to persons who are not residents of the local authority or members of the indigenous community concerned, and (ii) may be detrimental to the integrity of its natural or cultural heritage; and (...) Section 14 (8). A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored: Provided that— (a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be; (...) |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (1). A local authority in favour of which a vesting and reservation notice is made may, in its by-laws, appoint itself as the authority to be responsible for receiving licence applications and issuing licences for the purposes of these regulations, or may in like manner (subject to subsection (2)) appoint another person or persons in terms of subsection (2) to be so responsible. (...) (6) After considering an application for a bioprospecting or general licence the licensing authority may grant it in Form GRTK 3 or GRTK 4, as the case may be, with or without conditions, or refuse it, and if the application is refused the licence fee shall be refunded to the applicant: Provided that the licensing authority shall not grant an exclusive licence to any person except with the written leave of the Board. (...) Section 34 (1). The principal purpose of a public hearing held in connection with any application for a licence pursuant to section 23(4) or 25(5) shall be— (a) to explain to the residents of the local authority or members of the indigenous community affected by the application the purpose and effect of the proposed licence; and (b) to evaluate the response of the residents of the local authority or members of the indigenous community to the application in order to assist the Committee or Subcommittee in determining whether to issue the licence in question or issue it subject to any conditions. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(2). The rights expressed in subsection (1) are inalienable and shall be deemed to have always been held by residents of the local authority or members of an indigenous community concerned, notwithstanding the past absence of any written law recognising such right. Section 8. The following rights shall subsist exclusively in a local authority or indigenous community, as the case may be, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community— (a) to manage, maintain, conserve and reproduce genetic materials that are indigenous to the local authority or the indigenous community concerned; (b) to harvest, gather, collect specimens of or take samples from or otherwise prospect for, genetic materials that are indigenous to the local authority or the indigenous community concerned; (c) to harvest, gather, or collect on a large or commercial scale genetic materials that are indigenous to the local authority or the indigenous community concerned; (d) to cultivate or breed on a large or commercial scale genetic materials that are indigenous to the local authority or the indigenous community concerned; (e) to export from Zimbabwe any protected genetic materials that are indigenous to the local authority or indigenous community concerned; (f) to import into Zimbabwe any protected genetic materials that are indigenous to the Local authority or the indigenous community concerned; (g) to market, beneficiate or otherwise exploit for gain genetic materials that are indigenous to the local authority or the indigenous community concerned; (h) to publish indigenous genetic resource-based knowledge that constitutes part of the common, traditional or customary patrimony of an indigenous community; (i) to publish, or register a patent or other intellectual property right in relation to— (i) any genetic material indigenous to the local authority or the indigenous community concerned; (ii) any indigenous genetic resource-based knowledge. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (5). In considering an application for a bioprospecting or general licence involving any access to genetic materials or indigenous genetic resource-based knowledge the licensing authority shall— (a) satisfy itself that— (i) the project or proposal outlined in the application is not detrimental to the interests of the local authority or any indigenous community residing within it; and (ii) the applicant— A. is capable of carrying out the project or proposal outlined in the application and complying with the terms and conditions of the bioprospecting licence or general licence sought by it; and B. is otherwise a fit and proper person to receive a bioprospecting licence or general licence; and (b) where the materials and knowledge in question are indigenous to a particular community− (i) seek the explicit prior informed consent of the community concerned, and such community shall have the right to refuse consent or access to the genetic materials or knowledge in question where such access will be detrimental to the integrity of their natural and cultural heritage; and (ii) transparently and as accurately as possible calculate and disclose to the community— A. any ecological or environmental costs that may be incurred as a result of the licensed use of the genetic resources, and ensure that provision is made under the licence for the community to be compensated for those costs if the licence is granted (...) (6) After considering an application for a bioprospecting or general licence the licensing authority may grant it in Form GRTK 3 or GRTK 4, as the case may be, with or without conditions. Provided that the licensing authority shall not grant an exclusive licence to any person except with the written leave of the Board. (8) A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored: Provided that— (a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be; (...) |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (6). After considering an application for a bioprospecting or general licence the licensing authority may grant it in Form GRTK 3 or GRTK 4, as the case may be, with or without conditions, or refuse it, and if the application is refused the licence fee shall be refunded to the applicant: Provided that the licensing authority shall not grant an exclusive licence to any person except with the written leave of the Board. Section 37 (1). Any person who is aggrieved by any decision of a licensing authority in regard to the issue or refusal of a licence or any terms and conditions of such a licence, may appeal to the Board against that decision in Form GRTK 5 delivered to the Director-General of the Agency not later than 14 days after the date on which the person received written notification of the decision. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 10 (1). In vetting the initial inventories of genetic materials indigenous to the area of any local authority or of any indigenous community therein, the Committee—(c) may demand evidence from the local authority that it has undertaken the consultations required by section 9(3) (a), or may direct that any matter arising in connection with the initial inventory to be referred back to the local authority for further consultations in accordance with section 9(3)(a). |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14 (8) A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored: Provided that— (a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be. (...) Section 33. The principal purpose of a public hearing held in connection with any proposed vesting and reservation notice or traditional medicines and knowledge vesting and reservation notice or amendment thereof pursuant to section 10(6), 12(4), 19(3) or 21(4) shall be— (a) to explain to the residents of the local authority or members of the indigenous community affected by a proposed notice, the purpose and effect of the proposed notice; and (b) to evaluate the response of the residents of the local authority or members of the indigenous community affected by a proposed notice in order to assist the Board in determining whether to publish the proposed notice in its original or in an amended form. Section 34 (1). The principal purpose of a public hearing held in connection with any application for a licence pursuant to section twenty-three(4) or twenty-five(5) shall be— (a) to explain to the residents of the local authority or members of the indigenous community affected by the application the purpose and effect of the proposed licence; and (b) to evaluate the response of the residents of the local authority or members of the indigenous community to the application in order to assist the Committee or Subcommittee in determining whether to issue the licence in question or issue it subject to any conditions. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section11 (1) Subject to these regulations, on and after the date when a vesting and reservation notice is published, no person who is not a local research or conservation institution, or a traditional medical practitioner, or a resident of the local authority or member of the community in favour of which the vesting and reservation notice is published shall—(vii) patent or register any other intellectual property right over any protected genetic materials; (...) Section 12 (1). The Committee may, on its own initiative, or at the request of a local authority communicated in writing through its chief executive officer, or in response to a communal rights claim lodged by an indigenous community, advise the Board to make any addition to, deletion from or other amendment of the final inventory of indigenous genetic materials relating to the local authority. (2) On the advice of the Committee the Board may, subject to subsection (3), amend the vesting and reservation notice by notice in the Gazette to take account of any amendment of the final inventory of indigenous genetic materials relating to the local authority. (3) Before amending a vesting and reservation notice, the Board shall publish a notice in the Gazette, and in such newspaper or newspapers as it considers appropriate— (a) declaring its intention to amend the vesting and reservation notice in relation to a named local authority; and (b) describing what amendment of the final inventory of indigenous genetic materials relating to the local authority has necessitated the amendment of the vesting, and reservation notice; and (c) inviting persons who wish to object to the proposed amendment of the vesting and reservation notice to submit their objections to the Board, in writing, within a reasonable specified period after publication of the notice. (4) Before the Board amends a vesting and reservation notice it shall pay due regard to any objections that may be submitted in response to a notice published in terms of subsection (3), and in that connection section ten(6) applies to the holding by the Board of any public hearing in accordance with Part VII. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 14(5). In considering an application for a bioprospecting licence or general licence involving access to genetic resources or indigenous genetic resource based knowledge the licensing authority shall (a) satisfy itself that — (i) the project or application is not detrimental to the local authority or indigenous community residing within it and (ii) the applicant — A. is capable of carrying the project or proposal laid out in the application and complying with the terms and conditions of the bioprospecting licence sought by it and B. is otherwise a fit and proper person to receive a bioprospecting licence or general licence. b) where the material or knowledge is indigenous a particular community— (i) seek the explicit prior informed consent of the concerned community and the community shall have the right to refuse the consent or access to genetic materials or knowledge concerned in question where such access will be detrimental to their natural and cultural heritage; and (...) Section 32 (1). The Board shall endeavour to hold a public hearing involving (a) an objection to a vesting and reservation notice to be made or amended in favour of a particular local authority, at a location within the local authority concerned; (b) a communal rights claim lodged in relation to a vesting and reservation notice, at the nearest convenient location to the indigenous community lodging the claim; (...) |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections 116 and 117 of the Act, to— (...) (i) engage the support of local and foreign research or conservation institutions in assisting the Board and Committee to achieve the foregoing purposes. Section 5(2)(f) (g). The Community shall have the following functions - (...) (f) promoting the use of all available and appropriate techniques and procedures in order to identify and classify genetic resources such as molecular techniques of identification ; and (g) developing an archive of records in any medium embodying the indigenous genetic resource-based knowledge of indigenous communities, with a view to providing a basis for the recognition of community ownership rights in that knowledge; and (...) |
Art. 9-1
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections 116 and 117 of the Act, to— (...) (c) ensure the conservation and sustainable use genetic resources in order to maintain and improve their biodiversity as a means of sustaining life support and health care systems of Zimbabwe. Section 5(2). The Committee shall have the following specific functions— (a) evolving a long term policy and guidelines for (i) the conservation and sustainable use of genetic resources and their components; and ; (ii) the equitable sharing of benefits arising out of the utilisation of genetic resources; and (...) |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections 116 and 117 of the Act, to— (...) (i) engage the support of local and foreign research or conservation institutions in assisting the Board and Committee in carrying out the foregoing purposes. Section 5(2) The Community shall have the following functions - (...) (f) promoting the use of all available and appropriate techniques and procedures in order to identify and classify genetic resources such as molecular techniques of identification ; and (g) developing an archive of records in any medium embodying the indigenous genetic resource-based knowledge of indigenous communities, with a view to providing a basis for the recognition of communit ownership rights in that knowledge; and (h) monitoring the causes of the loss or scarcity of genetic resources; and (i) establishing contact and maintaining liaison with bodies in other countries and international organisations concerned with conservation and sustainable utilisation of genetic resources; and (...) |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(1). The rights of the residents of a local authority or members of an indigenous community, as the case may be, to exchange among themselves genetic resources, the products derived therefrom and associated indigenous genetic resource-based knowledge, for their own purposes in accordance with their customary practices, shall subsist exclusively in the residents of the local authority or the members of the indigenous community concerned, without prejudice, however, to the right of traditional medical practitioners who are not residents or members of the local authority or community concerned to have access to such resources, products and knowledge to enable them to practise their vocation. (2) The rights expressed in subsection (1) are inalienable and shall be deemed to have always been held by residents of the local authority or members of an indigenous community concerned, notwithstanding the past absence of any written law recognising such right. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 3. The purposes of these regulations are, pursuant to sections 116 and 117 of the Act, to— (...) (e) implement appropriate mechanisms for the fair and equitable sharing of the benefits arising from the use of genetic resources and indigenous genetic resource-based knowledge, that is to say, mechanisms that ensure the participation and agreement of concerned communities in making decisions regarding the distribution of benefits which may be derived from the use of genetic resources and indigenous genetic resource-based knowledge; (...) Section 9(3). In giving directions in terms of subsection (2) the governing body of the local authority shall take cognisance of the following— (a) The need to undertake adequate consultations with the traditional leadership of any community residing within the area of the local authority; and the members of any community residing within the area of the local authority concerned; and traditional medical practitioners residing or practising within the area of the local authority concerned; (...) Section 10 (1). In vetting the initial inventories of genetic materials indigenous to the area of any local authority or of any indigenous community therein, the Committee—(...) (c) may demand evidence from the local authority that it has undertaken the consultations required by section nine(3)(a), or may direct that any matter arising in connection with the initial inventory to be referred back to the local authority for further consultations in accordance with section nine(3)(a), |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(1). The rights of the residents of a local authority or members of an indigenous community, as the case may be, to exchange among themselves genetic resources, the products derived therefrom and associated indigenous genetic resource-based knowledge, for their own purposes in accordance with their customary practices, shall subsist exclusively in the residents of the local authority or the members of the indigenous community concerned, without prejudice, however, to the right of traditional medical practitioners who are not residents or members of the local authority or community concerned to have access to such resources, products and knowledge to enable them to practise their vocation. Section 14 (8). A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored: Provided that— (...) Section 16 (1). The Board may issue binding model by-laws prescribing any matters that may under this Part be prescribed by a local authority in its by-laws. (2) No later than 30 days after the issuance of the model bylaws referred to in subsection (1), every local authority shall adopt them subject to such modifications as are strictly necessary to adapt the by-laws to local conditions. |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 6(1). The rights of the residents of a local authority or members of an indigenous community, as the case may be, to exchange among themselves genetic resources, the products derived therefrom and associated indigenous genetic resource-based knowledge, for their own purposes in accordance with their customary practices, shall subsist exclusively in the residents of the local authority or the members of the indigenous community concerned, without prejudice, however, to the right of traditional medical practitioners who are not residents or members of the local authority or community concerned to have access to such resources, products and knowledge to enable them to practise their vocation. Section 27. An indigenous community may, in the circumstances specified in section twenty-seven, lodge a claim (in these regulations called a "communal rights claim") to redeem its rights to any genetic resource, indigenous genetic resource-based knowledge, traditional medicine or traditional medical knowledge on the basis that the resource, medicine or knowledge in question constitutes part of its common, traditional or customary patrimony. Section 40. Notwithstanding anything in these regulations, the Board may, after affording the licensing authority a reasonable opportunity to make oral or written representations in the matter, direct any licensing authority to grant, refuse, suspend, cancel or restore any licence if it is satisfied that on reasonable grounds that such action is necessary in the interests of—(...) (b) securing to indigenous communities their inalienable right to access, use, exchange or share their genetic resources in sustaining their livelihood, or to share in any benefits from the commercial exploitation thereof. |
Art.13-I
The legal framework designates a national correspondent for access and benefit-sharing.
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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 2. In these regulations— 'Agency' means the Environment Management Agency; |
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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Environmental Management Act [Chapter 20:27]
Section 9. There is hereby established an Agency, to be known as the Environmental Management Agency, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that bodies corporate may by law perform. Section 10. (1) Subject to this Act and any other enactment, the functions of the Agency shall be— (...) xv) to regulate and monitor access by any person to the biological and genetic resources of Zimbabwe; |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge— (a) to be consulted with respect to such access where it is to be given to persons who are not residents of the local authority or members of the indigenous community concerned; and (b) to give its explicit prior informed consent to such access, where such access— (i) is to be given to persons who are not residents of the local authority or members of the indigenous community concerned, and (ii) may be detrimental to the integrity of its natural or cultural heritage; and (...) |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 7. A local authority or indigenous community, as the case may be, shall, in relation to any genetic resources and indigenous genetic resource-based knowledge that constitute part of the common, traditional or customary patrimony of the local authority or indigenous community, have the following general rights with respect to access to its genetic resources and indigenous genetic resource-based knowledge— (...) (d) to withdraw its consent to such access if it is or is likely to be detrimental to its natural or cultural heritage, or to place restrictions to such access in those circumstances. Section 14 (8). A local authority may prescribe in its by-laws the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored: Provided that— (a) where the genetic resources subjected to a licence are indigenous to any community, that community shall have the right to withdraw its consent to any licensed activity likely to be injurious to their interest, or to place restrictions thereon, and the licensing authority shall, immediately upon receiving the representations of the community to that effect, amend, suspend or cancel the licence, as the case may be; (...) |
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.
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 20 (1) Subject to these regulations, on and after the date when a traditional medicines and knowledge vesting and reservation notice is published, no person who is not a local research or conservation institution, or a traditional medical practitioner, or a resident of the local authority or member of the community in favour of which the vesting and reservation notice was published shall — […] (b) do any of the following— (vi) do anything or cause anything to be done in relation to any identified traditional medicines and items of traditional medical knowledge, where the right to do that thing has been specifically reserved to the local authority or any community residing within the area of the local authority; except in accordance with a licence under section 23. Section 23 (7). With the approval of the Board, the Subcommittee may fix the duration of each class of licence and the circumstances under which a bioprospecting or general licence may be amended, renewed, suspended, cancelled or restored: Provided that— (a) where the traditional medicine or item of traditional medical knowledge subjected to a licence is— (i) indigenous to any community, the community concerned shall have the right to withdraw its consent to any licensed activity if it is or is likely to be detrimental to its natural or cultural heritage, or to place restrictions thereon; (ii) subject to an individual proprietary claim, the traditional medical practitioner concerned shall have the right to withdraw his or her consent to any licensed activity likely to be injurious to his or her interest, or to place restrictions thereon; and the Subcommittee shall, immediately upon receiving the representations of the community or practitioner to that effect— (iii) give appropriate directions in terms of section 39; or (iv) amend, suspend or cancel the licence, as the case may be; |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 20 (2). Any person who contravenes subsection (1) shall be guilty of an offence, unless he or she satisfies the court that— (a) he or she did not know and had no reason to believe that the medicine or knowledge in question was an identified traditional medicine and item of traditional medical knowledge; or (b) his or her unlicensed possession or use of the identified traditional medicine or item of traditional medical knowledge in question is justified on any of the grounds specified in section 22(1). (3) A person who is guilty of an offence in terms of subsection (2) shall be liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding twelve months or both such fine and such imprisonment. |
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.
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 34 (2). In particular, where an application for a licence involves any access to —(...) (b) traditional medicines or items of traditional medica knowledge, that is the subject of an individual proprietary claim, the Committee or Subcommittee shall— (...) (ii) transparently and as accurately as possible calculate and disclose to the traditional medical practitioner concerned— A. any ecological or environmental costs that may be incurred as a result of the licensed use of the medicine or knowledge in question, and ensure that provision is made under the licence for the practitioner to be compensated for those costs if the licence is granted; and B. any benefits that may accrue from the collection, use or exploitation of the of the medicine or knowledge in question, and explore ways in which the practitioner may share in those benefits; |
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 11 (2). Any person who contravenes subsection (1) shall be guilty of an offence, unless he or she satisfies the court that— (a) he or she did not know and had no reason to believe that the genetic material in question was protected genetic material; or (b) his or her unlicensed possession or use of the protected genetic material in question is justified on any of the grounds specified in section thirteen. (3) A person who is guilty of an offence in terms of subsection (2) shall be liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding twelve months or both such fine and such imprisonment. |
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.
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.
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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Access to Genetic Resources & Indigenous Genetic Resource-based Knowledge Regulations, 2009
Section 33. The principal purpose of a public hearing held in connection with any proposed vesting and reservation notice or traditional medicines and knowledge vesting and reservation notice or amendment thereof pursuant to section 10(6), 12(4), 19(3) or 21(4) shall be— (a) to explain to the residents of the local authority or members of the indigenous community affected by a proposed notice, the purpose and effect of the proposed notice; and (b) to evaluate the response of the residents of the local authority or members of the indigenous community affected by a proposed notice in order to assist the Board in determining whether to publish the proposed notice in its original or in an amended form. Section 34 (1). The principal purpose of a public hearing held in connection with any application for a licence pursua pursuant to section 23(4) or 25(5) shall be— (a) to explain to the residents of the local authority or members of the indigenous community affected by the application the purpose and effect of the proposed licence; (...) |
Art.23
The legal framework allows for collaboration with other States on research and development programs, including biotechnology research activities.
No relevant elements identified/documented |