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CBD Thematic Report on Access and Benefit-sharing - United

By Julie Hill,2014-05-13 13:13
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CBD Thematic Report on Access and Benefit-sharing - United

    Access and Benefit-sharing

    Please provide to following details on the origin of this report

    Contracting Party United republic of Tanzania

    National Focal Point

    Full name of the institution: Vice President’s Office, Division of

    Environment

    Name and title of contact Rawson P. Yonazi, Assistant Director of

    officer: Environment Mailing address: P.O. Box 5380

     Dar es salaam

    Telephone: +255 22 2113983/2118416

    Fax: +255 22 2125297

    info@vpodoe.go.tz or E-mail:

     sotchair@africaonline.co.tz

    Contact officer for national report (if different) Name and title of contact officer:

    Mailing address:

    Telephone:

    Fax:

    E-mail:

    Submission

    Signature of officer responsible for submitting national report:

    Date of submission:

Please provide summary information on the process by which this report has

    been prepared, including information on the types of stakeholders who have

    been actively involved in its preparation and on material which was used

    as a basis for the report

    This report has been prepared by the national team members who were selected

    from various sectors and institutions. The member were:-

    1. Mr. R. P. Yonazi, Assistant Director of Environment- Vice President’s

    Office,

    2. Mr. G.R. Kafumu, Environmental Officer, Vice President’s Office, 3. Mr. K. F. Manyika, Environmental Officer, Vice President’s Office 4. Mr Ottaru, Wildlife Officer, Ministry of Natural Resources and Tourism, 5. Mr. Ali Juma Hamad, Assistant Director of Environment, Ministry of

    Agriculture, Natural Resources, Environment and Cooperatives, Zanzibar, 6. Prof. Salome Misana, University of Dare s Salaam.

    The team undertook consultation with a wide range of stakeholders including government ministries, private sectors, civil societies, NGos

    and CBOs and academic institutions. Before submission of the report to the

    secretariat, a national stakeholders’ workshop was held to discuss it and all comments from the workshop were incorporated in the report. The type of the stakeholders consulted include;

    - academic and research institutions

    - government ministries and institutions

    - non government organisations (NGOs)

    - private sectors

    - youth organisations

    - politicians

    - relevant indigenous group

    - Civil societies.

    The type of materials used in the preparation of the report include:-

    - the convention, CBD,

    - COP Decisions

    st- 1 national CBD report

    - national policies, legislations, strategies and plans, programme

    and projects

    - workshop reports

    - National country studies on biodiversity

    - Case studies and workshop reports/proceeding.

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I. Please provide the views of your country on the following issues:

    Intellectual property and traditional knowledge related to genetic

    resources

    (a) How to define relevant terms including subject matter of traditional

    knowledge and scope of existing rights;

    Definitions:-

    (i) Intellectual property could be defined as protected inventions and

    works under the copyright protection that can be used only with the

    consent of the owner of the right, such as an inventor or author. (ii) Traditional knowledge is that which comprises of clearly ancient,

    original and distinctive customs and routines.

    Scope of existing rights:-

    ? Collective knowledge of a society on plant and animal.

    ? Plant and animal breeders’ rights not related to farmers/peasants.

    ? Confined to a group of people, rural and at most peri-urban.

(b) Whether existing intellectual property rights regimes can be used to

    protect traditional knowledge;

    Existing IPR regimes can not be used to protect traditional knowledge (c) Options for the development of sui generis protection of traditional

    knowledge rights.

    The sui generic protection is considered as a possibility but has not yet been pursued.

    (d) The relationship between customary laws governing custodianship, use and

    transmission of traditional knowledge, on the one hand, and the formal

    intellectual property system, on the other;

    Customary norms governing traditional knowledge are not recognised by the formal intellectual property rights regime (IPR). As such there is much confidentiality/secrecy in the custodianship/ use and transmission of

    traditional knowledge

    (e) Means by which holders of traditional knowledge, including indigenous

    peoples, may test means of protection of traditional knowledge based on

    existing intellectual property rights, sui generis possibilities, and

    customary laws;

    Means of protection has not yet being implemented/tried, but there is a possibility of doing so in the future. The means include possibility of using sui generis system and customary laws that will enhance custodianship, use and

    transmission of traditional knowledge

    (f) How to ensure that granting intellectual property rights does not

    preclude continued customary use of genetic resources and related knowledge; By putting in place a piece of legislation that will protect customary use of

    genetic resources and related traditional knowledge

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Intellectual property rights and access and benefit-sharing agreements

    (g) Ways to regulate the use of resources in order to take into account

    ethical concerns;

    The ways include putting in place legislation that will protect customary use

    of genetic resources and related traditional knowledge and ethical concerns (h) Ways to ensure the continued customary use of genetic resources and

    related knowledge;

    The ways to ensure the continued customary use of genetic resources and

    related knowledge are :-

    - incorporation of benefit sharing/incentives in the agreements,

    - initiation and promotion of traditional protected area management. (i) How to make provision for the exploitation and use of intellectual

    property rights to include joint research, obligation to work any right on

    inventions obtained or provide licenses;

    By using Memorandum of Understating (MoU) and similar agreements (j) How to take into account the possibility of joint ownership of

    intellectual property rights.

    By using Memorandum of Understating (MoU) and similar agreements.

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H: THE CASE STUDIES

    Indicative Outline for Case-studies on Benefit-Sharing Arrangements

    To the extent possible case-studies should be short, succinct summaries of experiences of 15-20 pages (5 to 10 000 words). A case-study

    should focus on the planned/actual benefit-sharing arrangements and their

    outcomes, the reasons for the outcome and the lessons learned. Footnotes

    are welcome, if they provide useful sources for further information.

    Case-studies should follow, to the extent possible, the proposed structure outlined below. However, as there will be structural differences

    between those case-studies related to policy and law and those describing

    concrete activities, such as the bio-prospecting arrangements with local

    or indigenous communities or the specific management of a protected area

    for those arrangements, not all sections of the questionnaire will be

    applicable to every case-study. The outline is therefore meant to be an

    indicative one. If an author of a case-study feels it is useful to include

    facts or conclusions not covered by the outline, the outline may be

    adjusted accordingly.

    I: CASE STUDY ON BENEFIT SHARING ARRANGEMENTS

     IN WILDLIFE MANAGEMENT AREAS IN TANZANIA

    1. Overview

(a) The Tanzania Wildlife Policy that was developed through participatory

    approach and approved by the government in 1998 advocated the

    participation of local communities not only in the conservation of

    Wildlife resources, but also in the sharing of benefits accrued therefrom.

With regard to benefit-sharing the policy adopts relative distribution of

    revenue and benefits to stakeholders, which considers their relevant roles

    in different categories of land, the effort invested in conservation of

    the resource, and the institutional and management costs.

The benefit sharing approach will be carried out through establishing a

    category of protected area known as Wildlife Management Area (WMA).

The main stakeholder who will be involved in the distribution of revenue

    and benefits among the stakeholders in the WMAs include:-

    ? Local communities

    ? District councils

    ? Wildlife Authorities

    ? Private Sector (Investor)

    ? Non-Government Organisations(NGOs)/Community Based Organisation

    (CBOs)

(b) Given that Tanzania has a rich and diverse spectrum of fauna and flora,

    including a wide variety of endemic species, important populations of

    species and habitats that are threatened, little effort has been made to

    date to involve local communities in conservation as well as benefit

    sharing of the revenues generated from these natural resources. The WMA

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    approach will ensure the local communities benefit substantially from the natural resources.

    (c) As stipulated in the policy as well as in the legislation in regard to the various stakeholders who will be involved in the benefit sharing arrangement, the primary beneficiaries of WMAs will be the local communities while the secondary beneficiaries will be the central government and the District councils.

    (d) Some few WMAs countrywide have been identified for piloting WMA approach for at least three years starting from year 2003. Thereafter the evaluation will judge whether to extend it to other areas or find ways to revise the approach.

    (e) The WMAs approach conforms to Articles 8 and 11 of the Convention on Conservation of Biological Diversity (CBD).

2.0 DESCRIPTION OF THE CONTEXT

    (a) The wildlife of Tanzania is a unique natural heritage and resource that is of great importance both nationally and globally. Its importance lies both in the biological value of the species and habitats found in Tanzania, the economic value of the resources and its potential contribution to the sustainable development of Tanzania.

    Beside the diversity and high degree of endemism, Tanzania possesses important populations of species that are thretened, but wide spread acros Africa. These include the endangered Wild dog (Lycaon pictus), black

    rhinoceros (Diceros bicornis) and slender snorted crocodile (Crocodylus

    cataphractus) and the valnerable chimpanzee (Pan troglodytes), cheetah

    (Acinonyx jubalus) and African elephant, (Loxodonta africana).

    Furthermore, Tanzania also has large populations of wildbeest, (Connochaetes taurinus) giraffe (Giraffa camelopardalis) Cape buffalo

    (Syncerus caffer) and many species of antelope which are similarly

    important in a continental context.

    (b) In terms of its habitats, the country possesses various grassland and open wood lands that support some of these greatest concentrations of large mammals in the world. Other habitats include wetland, a biologically diverse range of forests, unique montane grasslands and the miombo woodland.

    The rapid human population growth that results into increased rate of unsustainable consumption of resources and changes in land uses, is the underlying cause for habitat loss. The impacts of habitat loss is a high rate of land degradation, decline in wildlife populations and extinction for some mammal species.

    (c) Despite this endowment and its economic potentials to the nation and the local communities, the wildlife sector has not been able to develop to its full potential due to various constraints, which include inadequate wildlife use rights especially to the local communities.

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The new approach of establishing WMAs will address problems facing the

    wildlife sector.

For the effective management of wildlife resources under approach, it is

    proposed that the villages intending to establish a WMA, will first form a

    community based organisation (CBO) in accordance with the country's

    existing laws as summarized below:-

    ? Societies Ordinance, CAP 33

    ? Trustee's Incorporation Ordinance CAP 375

    ? Cooperative Societies Act No. 14 of 1982

    ? Registration of Documents Ordinance CAP 117

The CBO will be an agent of the local communities and will be entrusted to

    manage wildlife resources on village land. Its members will be

    individuals who are also members of the village Assembly (ies) of the

    village(s) forming a WMA. The CBO structure will consist of a council,

    which will be formed by three)3) members from the village assemblies of

    each participating villages. The council will be responsible for

    employing the village game scouts, manage WMA and gives feedback to

    villages on decisions made by the councils. The CBO will also consist of

    a central committee of 10 members elected from the CBO council. Finally

    there will be a Board which will be an overall organ of the CBO. The

    Board will have a mandate to enter into agreements with investors. While

    the wildlife authorities will be responsible in facilitating and

    supporting the initiation of the establishment of a WMA, the District

    council will provide technical advice to the CBO. The NGOs will be

    responsible in sensitisation of communities and provision of legal and

    technical advice.

(d) The benefit-sharing in the WMAs will be guided by the national natural

    resources and land policies as well as their legislation. Where

    appropriate, by-laws can also be put in place to enhance smooth operations

    in WMAs.

3. PURPOSE/OBJECTIVE OF THE BENEFIT SHARING ARRANGMENTS

(a) The primary objective for the communities to participate in the

    benefit sharing arrangements in a WMA include that of monetary value, as

    well as employment. The local communities are expecting to benefit from

    the revenues generated from the following activities;

    ? Tourist and resident hunting,

    ? Photographic and walking safaris,

    ? Game viewing,

    ? Sport fishing,

    ? Beekeeping and forestry products, and

    ? Bird watching.

All these economic activities to be carried in a WMA will be in to

    accordance the General management plans to be developed.

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The local communities will further benefit from getting bush meat and

    medicinal plants from a WMAs.

Again the interactions of different actors in the benefit-sharing

    arrangement in a WMAs will access knowledge, experiences and skills, to

    local communities and others considering that the actors participating

    bear certain levels of information that can manage natural resources as

    well as the aspect of benefit-sharing.

(b) The benefit-sharing for the local communities in a WMA as stipulated

    in the vision of the wildlife sector, conforms with the Nations

    Development Vision 2025 on environmental sustainability and socio-economic

    transformation. The vision of the wildlife sector is to promote the

    conservation of biological diversity, administer regulate and develop

    wildlife resources, involve all stakeholders in the conservation of

    wildlife and sustainable utilisation, as well as in fair and equitable

    sharing of benefits, promote sustainable utilization of wildlife resources,

    raise the contribution of the wildlife sector in the country's Gross

    Domestic Product (GDP) from 2% to 5% in the next 20 years, and contribute

    to poverty alleviation and improvement of the quality of life of the

    people of Tanzania.

(c) The WMA approach conforms with articles 8, 10, 11, 13, 15 and 17 of

    the convention on Biological Diversity (CBD).

4. PROCESS FOR ESTABLISHING THE BENEFIT SHARING ARRANGEMENT

a) Studies carried out by experts on this subject proposed a mechanism for

    benefit, revenue and cost-sharing system in a WMA to involve local

    communities, central government and district councils. The study proposed

    a revenue sharing arrangement (table 1) among the main stakeholders.

    However, still there is room for negotiations regarding the

    benefits/revenues among the stakeholders.

The following is the table showing the revenue sharing arrangements

    proposed by the study carried out:-

    OPPORTUNITIES LOCAL CENTRAL DISTRICT

    COMMUNITIES GOVERNMENT COUNCILS

    - Tourist Hunting:-

    100% 0% 0% ? Hunting block fees

    100% 0% 0% ? Conservation fees 60% 30% 10% ? Game fees - Resident Hunting 100% 0% 0% ? Game fees 70% 20% 10% - Tourism 70% 20% 10% - Beekeeping Table 1: Proposed Revenue Sharing Arrangement in the WMAs

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(b) as it has been stated, the negotiations regarding the benefits-sharing

    in a WMAs will be guided by the natural resources and land policies and

    legislation and other laws regarding socio-economic ventures.

(c) In the initial years of WMA establishment, local communities will

    require expertise in resource management and entrepreneurship. The

    expertise could be in form of providing knowledge and hired services.

    Services to be provided by NGOs and or private institutions will be paid

    for. This will be difficult because initially CBOs will have financial

    constraints to meet such costs. Wildlife authorities may be the only

    reliable and accessible source of service needed by the local communities.

Since there will be several stakeholders and prospective service providers

    that would like to assist local communities, criteria for selection and

    hiring of the services and mechanisms to monitor their performance must be

    in place in order to ensure quality services delivery and compliance with

    the Wildlife Policy and other national policies.

     5. CONTENT AND IMPLEMENTATION OF THE BENEFIT - SHARING ARRANGEMENT

     (a) Most of the wildlife management area responsibilities will fall under

    the jurisdiction of the institution entrusted to manage the WMA. Cited

    hereunder are examples of the responsibilities of key institutions that

    will interact in a WMA.

     (i) Responsibilities of the CBO

    o Acquire WMA status of the village land set aside for wildlife

    conservation

    o Manage WMA in accordance with existing General Management

    Plans (GMP) and laws.

    o Negotiate and enter into contractual arrangement regarding the

    utilisation of resources in a WMA.

    o Ensure equitable sharing of benefits.

    o Report to the village Assembly.

    o Co-opt technical experts as required

    o Liase with other institutions for information and

    technological exchange.

    o Undertake resource monitoring

    o Participate in developing by laws.

     (ii) Responsibilities of District councils:

    o Facilitate applications to form a CBO and to establish a WMA.

    o Approve natural resources by-laws.

    o Approve Land use plans

    o Implement and monitor adherence to the wildlife policy with

    and outside WMA

    o Endorse investments in the WMA.

     (iii) Responsibilities of Non-government organisations (NGO).

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    o Sensitise communities.

    o Facilitate the local communities to prepare land use plans.

    o Provide legal and technical advice to CBO.

    o Undertake capacity building activities.

    o Collaborate with wildlife authorities in resource monitoring.

    o Facilitate local communities to prepare land use plans.

     (iv) Responsibilities of the Private Sector.

    o

    o Enter into joint venture agreements on resource utilisation

    and

    o Investment in the WMA with CBO.

    o Market and promote the WMA resources

    o Assist in protection of natural resources

    o Ensure payment of CBO and government dues promptly and

    correctly.

     (v) Responsibilities of wildlife authorities

    o Facilitate the establishment of WMAs.

    o Declare an areas as a WMA.

    o Facilitate the gazzettement of WMA.

    o Confer user rights of wildlife resources in the WMA and on

    lands of the participating villages.

    o Endorse animal quota.

    o Enter into contractual agreements (MOU) with CBO on

    management of WMAs.

    o Provide technical and legal assistance to the CBO.

    o Assist in antipoaching activities.

    o Assist in training and monitoring the resources.

6. Policy, legislative and administrative context

(a) The wildlife policy of Tanzania advocated that a range of direct and

    indirect benefits can be derived from wildlife and that the sharing of

    revenue is an important benefit. In this respect, various stakeholders in

    wildlife conservation are recognised as follows:-

    ? Local communities and private landholders living around the

    protected areas and among the wildlife outside protected areas.

    ? District councils, bearing the opportunity cost of

    establishing protected areas and providing services to local

    communities.

    ? Wildlife authorities managing protected areas and providing

    technical advice on wildlife outside core protected areas.

    ? Central government bearing the opportunity cost of

    establishing Protected areas and providing services nationally

    and

    ? Private sector using wildlife within and out of protected

    areas and who pay tax to government.

The wildlife regulations facilitate the implementation of stakeholders

    stipulated in Wildlife Policy regarding benefit-sharing arrangements.

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