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
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
firstname.lastname@example.org or E-mail:
Contact officer for national report (if different) Name and title of contact officer:
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
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
- 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
- workshop reports
- National country studies on biodiversity
- Case studies and workshop reports/proceeding.
I. Please provide the views of your country on the following issues:
Intellectual property and traditional knowledge related to genetic
(a) How to define relevant terms including subject matter of traditional
knowledge and scope of existing rights;
(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
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
(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
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
Intellectual property rights and access and benefit-sharing agreements
(g) Ways to regulate the use of resources in order to take into account
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
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.
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
I: CASE STUDY ON BENEFIT SHARING ARRANGEMENTS
IN WILDLIFE MANAGEMENT AREAS IN TANZANIA
(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
(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
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.
The new approach of establishing WMAs will address problems facing the
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
(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
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.
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
(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
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
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).
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 Enter into joint venture agreements on resource utilisation
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
(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
? 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
? 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.