Biodiversity and Access Benefit Sharing of Genetic Resources

The CBD requires its member states to put in place mechanisms for facilitating access to genetic resources and arrangements for equitably sharing benefits arising from exploitation of these resources. The CBD has been strengthened in recent times by the adoption of the Bonn Guidelines on access to genetic resources and benefit sharing from utilization of these resources by the Conference of the Parties to the CBD. These have, among other things clarified on the type of benefits that may be considered, the institutional frameworks to support an effective ABS system and the instruments that may be needed to ensure compliance at national level.

In addition, the International Treaty on Plant Genetic Resources for Food and Agriculture that entered into force in June 2004 has provided a binding multilateral mechanism for exchange of plant genetic resources for food and agriculture with ABS issues firmly provided for. At regional level the African Model Legislation on Community, Farmers and Breeders Rights adopted by the African Union provides useful elements for developing national policies and legislation for ABS.

It is in response to the need to implement the above instruments that CEPA in collaboration with the Environmental Affairs Department and the National Research Council of Malawi are developing legislation on Access and Benefit Sharing for Malawi. A key component for an effective ABS regime for Malawi as observed by various stakeholders has been the need to develop legislation that would detail access and benefit arrangements for genetic resources and also provide for related aspects like those of conservation of genetic and biological resources and the protection of local community and local farmers rights among others.