- PART ONE GENERAL PROVISIONS
- PART TWO PROTECTION OF COMMUNITY RIGHTS
- PART THREE CONDITION OF ACCESS
- PART FOUR FOLLOW UP AND COMPLIANCE MEASURE
- PART FIVE EXPLORATION OF GENETIC RESOURCES
- PART SIX ADMINISTRATION OF ACCESS
- 26. Powers of Ministry of Agriculture and Rural Development
- 27. Powers and Duties of the Institute
- 28. Responsibilities of Local Communities
- 29. Responsibilities of Regional Bodies
- 30. Responsibilities of Customs Offices
- 31. Responsibilities of Mail Service InstitutionsPostal
- 32. Responsibilities of Quarantine Control Institutions
- PART SEVEN MISCELLANEOUS PROVISIONS
CONTENTS
Proclamation No. 482/2006
Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation …. Page 3351 PROCLAMATION NO. 482/2006
A PROCLAMATION TO PROVIDE FOR ACCESS TO GENETIC RESOURCES AND COMMUNITY KNOWLEDGE AND COMMUNITY RIGHT
WHEREAS, the immense biodiversity wealth Ethiopia is endowed with must be conserved and sustainably utilized for the benefit and development of its peoples;
WHEREAS, it is necessary to recognize the historical contribution Ethiopian communities made to the conservation, development and sustainable utilization of biodiversity resources;
WHEREAS, Ethiopia is a part to the Convention on Biological Diversity and Convention requires the enactment of access legislation;
WHEREAS, Ethiopia has agreed to the African Model Law on Community, Farmers’ and Plant Breeders’ Right and Access to Biological Resources;
WHEREAS, it is necessary to protect and encourage the customary use of genetic resources by Ethiopian communities which are relevant to the conservation and sustainable use of the biodiversity resources of the country;
WHEREAS, it is necessary to recognize and protect the knowledge of Ethiopian communities generated and accumulated with respect to the conservation and utilization of genetic resources and promote the wider application of such knowledge with the approval and sharing benefits by such communities;
WHEREAS, it is necessary to involve communities in the making of decisions concerning the use of genetic resources and community knowledge and sharing of benefits derived from the utilization thereof;
WHEREAS, in order to realize these objectives, it is necessary to determine by law the access to genetic resources and community knowledge, and to provide for the rights of communities over genetic resources and community knowledge;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE
GENERAL PROVISIONS
1. Short Title
This Proclamation may be cited as “Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation No. 482 /2006.”
2. Definitions
In this Proclamation, unless the context requires otherwise:-
1/ “access” means the collection, acquisition, transfer or use of genetic resources and/or community knowledge;
2/ “biological resource” includes genetic resources, organisms or parts thereof, populations or any other biotic component of ecosystem with actual or potential value for humanity;
3/ “derivative” means product extracted or developed from biological resource this may include products such as plant varieties, oils, resigns, gums, chemicals and proteins;
4/ “ex situ” means a condition in which genetic resource is found outside of its natural habitat;
5/ “exploration” means an activity to find out the existence or the status of a given genetic resources;
6/ “genetic resource” means any genetic material of biological resource containing genetic information having actual or potential value for humanity and it including derivatives;
7/ “in situ” means a condition in which genetic resource is found in its natural habitat or ecosystem;
8/ “Institute” means the Institute of Biodiversity Conservation established by Proclamation No. 120/1998 (as amended);
9/ “local community” means a human population living in a distinct geographical area in Ethiopia as a custodian of a given genetic resource or creator of a given community knowledge;
10/ “person” means a natural or juridical person;
11/ “prior informed consent” means the consent given by the Institute and the concerned local community based on an access application containing a complete and accurate access information to a person seeking access to a specified genetic resource or community knowledge;
12/ “relevant institution” means a state organ responsible for administering or having special technical expertise on a specific sector of genetic resources or community knowledge;
13/ “state” means, the Government of the Federal Democratic Republic of Ethiopia or its Regional State, as applicable;
14/ “community knowledge” means knowledge, practices, innovations or technologies created or developed over generations by local communities on the conservation and use of genetic resources.
15/ “Biodiversity” means the variability among living organisms from all sources of ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;
3. Objectives
The objective of this Proclamation is to ensure that the country and its communities obtain fair and equitable share from the benefits arising out of the use of genetic resources so as to promote the conservation and sustainable utilization of the country’s biodiversity resrouces;
4. Scope of Application
1/ This Proclamation shall apply on access to genetic resources found in in situ or ex situ conditions and community knowledge.
2/ Notwithstanding the provision of Sub-Article (1) of this Article, this Proclamation shall not apply to:
a/ the customary use and exchange of genetic resources and community knowledge by and among Ethiopian Local communities; and
b/ the sale of produce of biological resources for direct consumption, that do not involve the use of the genetic resource thereof.
5. Ownership
1/ The ownership of genetic resources shall be vested in the state and the Ethiopian people.
2/ The ownership of community knowledge shall be vested in the concerned local community.
PART TWO
PROTECTION OF COMMUNITY RIGHTS
6. Principle
Local communities shall have the following rights over their genetic resources and community knowledge:
1/ the right to regulate the access to their community knowledge;
2/ an inalienable right to use their genetic resources and community knowledge;
3/ the right to share from the benefit arising out of the utilization of their genetic resources and community knowledge.
7. Art. 7. Right to regulate access
1/ The right of local communities to regulate access to their community knowledge shall include the following:
Proclamation No. 482/2006
Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation …. Page 3351
WHEREAS, Ethiopia has agreed to the African Model Law on Community, Farmers’ and Plant Breeders’ Right and Access to Biological Resources;
WHEREAS, it is necessary to protect and encourage the customary use of genetic resources by Ethiopian communities which are relevant to the conservation and sustainable use of the biodiversity resources of the country;
WHEREAS, it is necessary to recognize and protect the knowledge of Ethiopian communities generated and accumulated with respect to the conservation and utilization of genetic resources and promote the wider application of such knowledge with the approval and sharing benefits by such communities;
WHEREAS, it is necessary to involve communities in the making of decisions concerning the use of genetic resources and community knowledge and sharing of benefits derived from the utilization thereof;
WHEREAS, in order to realize these objectives, it is necessary to determine by law the access to genetic resources and community knowledge, and to provide for the rights of communities over genetic resources and community knowledge;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
PART ONE
GENERAL PROVISIONS
1. Short Title
This Proclamation may be cited as “Access to Genetic Resources and Community Knowledge, and Community Rights Proclamation No. 482 /2006.”
2. Definitions
In this Proclamation, unless the context requires otherwise:-
1/ “access” means the collection, acquisition, transfer or use of genetic resources and/or community knowledge;
2/ “biological resource” includes genetic resources, organisms or parts thereof, populations or any other biotic component of ecosystem with actual or potential value for humanity;
3/ “derivative” means product extracted or developed from biological resource this may include products such as plant varieties, oils, resigns, gums, chemicals and proteins;
4/ “ex situ” means a condition in which genetic resource is found outside of its natural habitat;
5/ “exploration” means an activity to find out the existence or the status of a given genetic resources;
6/ “genetic resource” means any genetic material of biological resource containing genetic information having actual or potential value for humanity and it including derivatives;
7/ “in situ” means a condition in which genetic resource is found in its natural habitat or ecosystem;
8/ “Institute” means the Institute of Biodiversity Conservation established by Proclamation No. 120/1998 (as amended);
9/ “local community” means a human population living in a distinct geographical area in Ethiopia as a custodian of a given genetic resource or creator of a given community knowledge;
10/ “person” means a natural or juridical person;
11/ “prior informed consent” means the consent given by the Institute and the concerned local community based on an access application containing a complete and accurate access information to a person seeking access to a specified genetic resource or community knowledge;
12/ “relevant institution” means a state organ responsible for administering or having special technical expertise on a specific sector of genetic resources or community knowledge;
13/ “state” means, the Government of the Federal Democratic Republic of Ethiopia or its Regional State, as applicable;
14/ “community knowledge” means knowledge, practices, innovations or technologies created or developed over generations by local communities on the conservation and use of genetic resources.
15/ “Biodiversity” means the variability among living organisms from all sources of ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;
3. Objectives
The objective of this Proclamation is to ensure that the country and its communities obtain fair and equitable share from the benefits arising out of the use of genetic resources so as to promote the conservation and sustainable utilization of the country’s biodiversity resrouces;
4. Scope of Application
1/ This Proclamation shall apply on access to genetic resources found in in situ or ex situ conditions and community knowledge.
2/ Notwithstanding the provision of Sub-Article (1) of this Article, this Proclamation shall not apply to:
a/ the customary use and exchange of genetic resources and community knowledge by and among Ethiopian Local communities; and
b/ the sale of produce of biological resources for direct consumption, that do not involve the use of the genetic resource thereof.
5. Ownership
1/ The ownership of genetic resources shall be vested in the state and the Ethiopian people.
2/ The ownership of community knowledge shall be vested in the concerned local community.
PART TWO
PROTECTION OF COMMUNITY RIGHTS
6. Principle
Local communities shall have the following rights over their genetic resources and community knowledge:
1/ the right to regulate the access to their community knowledge;
2/ an inalienable right to use their genetic resources and community knowledge;
3/ the right to share from the benefit arising out of the utilization of their genetic resources and community knowledge.
7. Art. 7. Right to regulate access
1/ The right of local communities to regulate access to their community knowledge shall include the following:
PROCLAMATION NO. 482/2006
A PROCLAMATION TO PROVIDE FOR ACCESS TO GENETIC RESOURCES AND COMMUNITY KNOWLEDGE AND COMMUNITY RIGHT
WHEREAS, the immense biodiversity wealth Ethiopia is endowed with must be conserved and sustainably utilized for the benefit and development of its peoples;
WHEREAS, it is necessary to recognize the historical contribution Ethiopian communities made to the conservation, development and sustainable utilization of biodiversity resources;
WHEREAS, Ethiopia is a part to the Convention on Biological Diversity and Convention requires the enactment of access legislation;