Biopiracy on Biopiracy on Zambian Zambian

Medicinal PlantsMedicinal Plants

PAPER PRESENTED AT THE FIRST ACCESS AND PAPER PRESENTED AT THE FIRST ACCESS AND BENEFIT SHARING WORKSHOP FOR AFRICA, BENEFIT SHARING WORKSHOP FOR AFRICA, CAPE TOWN, SOUTH AFRICA, 19 – 24 CAPE TOWN, SOUTH AFRICA, 19 – 24 NOVEMBER 2006NOVEMBER 2006

by by

Lovemore SimwandaLovemore Simwanda

Structure of the Structure of the PresentationPresentation

• BackgroundBackground • Name and Type of Genetic MaterialName and Type of Genetic Material• Actors involvedActors involved• How the Genetic Resource is Used How the Genetic Resource is Used  • Type/Kind of ABS AgreementsType/Kind of ABS Agreements • Lessons learntLessons learnt • Agreed Benefits in the Agreements Agreed Benefits in the Agreements  • Benefits Realised to DateBenefits Realised to Date• Direct Contribution to Poverty AlleviationDirect Contribution to Poverty Alleviation • Changes needed at the local, national and /or Changes needed at the local, national and /or

International LevelsInternational Levels• ConclusionsConclusions

BackgroundBackground

• Zambia human capital formation that is necessary to Zambia human capital formation that is necessary to generate sustained economic growth is impeded not only generate sustained economic growth is impeded not only by lack of adequate social sector expenditures but by by lack of adequate social sector expenditures but by high incidence of HIV/AIDShigh incidence of HIV/AIDS

• Sixteen percent of the adult population aged 15 years Sixteen percent of the adult population aged 15 years and 49 years inclusive is stricken by this disease and and 49 years inclusive is stricken by this disease and related opportunistic infectionsrelated opportunistic infections

• Consequently this impedes the country's capacity to Consequently this impedes the country's capacity to develop by shortening human productivity and life develop by shortening human productivity and life expectancyexpectancy

• Zambia has abandant medicinal plants in its major Zambia has abandant medicinal plants in its major natural miombo vegetationnatural miombo vegetation

Background Ct’dBackground Ct’d

• Zambian traditional medicine plays an Zambian traditional medicine plays an important and vital role in most parts of the important and vital role in most parts of the country given the fact that adequate modern country given the fact that adequate modern health facilities are lacking.health facilities are lacking.

• General ailments are treated locally at General ailments are treated locally at household level and most households depend on household level and most households depend on traditonal medicine knowledge available within traditonal medicine knowledge available within their reachtheir reach

• The traditional knowledge on the use of The traditional knowledge on the use of medicinal plants has been orally passed on medicinal plants has been orally passed on through the several generations.through the several generations.

Name and Type of Genetic Name and Type of Genetic MaterialMaterial

• Several medicinal plant genetic Several medicinal plant genetic materials (actual names withheld)materials (actual names withheld)

• Medicinal Plant Biological/Gentic are Medicinal Plant Biological/Gentic are under threat by external collectors under threat by external collectors operations who come under a number of operations who come under a number of ventures and at times digise themselves ventures and at times digise themselves through legitiimate social institutions.through legitiimate social institutions.

Actors involved Actors involved

• Traditional Healers Practioners Traditional Healers Practioners Association of Zambia (THPAZ)Association of Zambia (THPAZ)

• Ministry of HealthMinistry of Health• National Aids Council of Zambia National Aids Council of Zambia

(NAC)(NAC)• Forestry DepartmentForestry Department• Environmental Conservation Environmental Conservation

Association of Zambia (ECAZ)Association of Zambia (ECAZ)

How the Genetic Resource is How the Genetic Resource is Used Used 

• The Plant Genetic Resources are used for The Plant Genetic Resources are used for medicinal purposess; especially those plant medicinal purposess; especially those plant genetic material that have been associated genetic material that have been associated with blood boasting and immunity with blood boasting and immunity enhancement, curing of HIV/AIDSenhancement, curing of HIV/AIDS

• The Biopiracy agents tend to visit the The Biopiracy agents tend to visit the

suspected patients being treated with the suspected patients being treated with the same plant genetic material same plant genetic material

• unsuspecting patient or gardian give out the unsuspecting patient or gardian give out the information without any reservationsinformation without any reservations

Type/Kind of ABS Type/Kind of ABS AgreementsAgreements

• There are no proper agreements in place with the foreign There are no proper agreements in place with the foreign collectorscollectors

• foreign collectors come into the country as people working foreign collectors come into the country as people working

on humanitarian programmes e.g addressing Health, on humanitarian programmes e.g addressing Health, hunger, unemployment through the promotion of hunger, unemployment through the promotion of agriculture activities, poverty alleviation etc.agriculture activities, poverty alleviation etc.

• Foreign collectors initially develop some local relationships Foreign collectors initially develop some local relationships with some local traditional healerswith some local traditional healers

• Later become members of the local Traditional Healers Later become members of the local Traditional Healers Practitioners Association of ZambiaPractitioners Association of Zambia

• Through paying a membership fee, a certificate is issuedThrough paying a membership fee, a certificate is issued

Lessons learnt Lessons learnt

• Loss of control of biological/genetic resources and Loss of control of biological/genetic resources and accompanying TKaccompanying TK

• Biopiracy denies the country as well as the local Biopiracy denies the country as well as the local communities fair and equitable benefits resulting from the communities fair and equitable benefits resulting from the commercialisations of their biological resources and TK commercialisations of their biological resources and TK

• Lack of respect and recognition of the contribution of local Lack of respect and recognition of the contribution of local communities in selection or identifying genetic potential communities in selection or identifying genetic potential of biological resources. of biological resources.

• Privatization also Leads to monopolistic control of natural Privatization also Leads to monopolistic control of natural resources and deny community access to most critical resources and deny community access to most critical elements of human survival such as health and food.elements of human survival such as health and food.

Lessons Learnt Ct’dLessons Learnt Ct’d• Lack of legal framework on ABS in line with the CBD and Lack of legal framework on ABS in line with the CBD and

ITPGRFAITPGRFA• Lack of domestication of international treaties such as CBD Lack of domestication of international treaties such as CBD

and ITPGRFA etc.and ITPGRFA etc.• Fragmented institutions such as govt ministries regulating Fragmented institutions such as govt ministries regulating

ABSABS• Poorly organised structures on local communitiesPoorly organised structures on local communities• Poverty in most local African communities which may impact Poverty in most local African communities which may impact

on the way they may grant access to genetic resourceson the way they may grant access to genetic resources• Govt. interference in ABS Govt. interference in ABS • Lack of priority on the legal reform on ABSLack of priority on the legal reform on ABS• Lack of resources and political willLack of resources and political will• Lack of public awareness and education on the actual and Lack of public awareness and education on the actual and

potential value of biodiversity. potential value of biodiversity.

Agreed Benefits in the Agreed Benefits in the Agreements Agreements 

• There is none so far. There is none so far.

• Only through the membership fees paid to THPAZ Only through the membership fees paid to THPAZ of $150.0 per year or $250.0 per five years and a of $150.0 per year or $250.0 per five years and a membership certificate is issued. membership certificate is issued.

• Benefits Realised to DateBenefits Realised to Date – None – None

• Direct Contribution to Poverty AlleviationDirect Contribution to Poverty Alleviation – – None None

Changes needed at the local, Changes needed at the local, national and /or International national and /or International LevelsLevels

• Need to control access to biological/genetic resources Need to control access to biological/genetic resources and Traditional Knowledge through the introduction of and Traditional Knowledge through the introduction of appropriate legislation and establishment of institutional appropriate legislation and establishment of institutional structures.structures.

• Need to increase public appreciation, education and Need to increase public appreciation, education and

awareness of the value and importance of biodiversity, awareness of the value and importance of biodiversity, and public involvement in its conservation and and public involvement in its conservation and sustainable use.sustainable use.

• Need to take audit /document the biological/genetic Need to take audit /document the biological/genetic resources and Indigenous knowledge. resources and Indigenous knowledge.

ConclusionConclusion• Biopiracy if not stopped, will continue to erode the Biopiracy if not stopped, will continue to erode the

biological/genetic resources of the developing countries as well as biological/genetic resources of the developing countries as well as denying them fair and equitable benefits derived from their losses.denying them fair and equitable benefits derived from their losses.

• There is need to strengthen the policy, institutional and legal There is need to strengthen the policy, institutional and legal frameworks in the developing countries particularly those in frameworks in the developing countries particularly those in Southern Africa which to date have no national legislation on ABS. Southern Africa which to date have no national legislation on ABS.

• ABS legal regime should be flexible and tailored made to a ABS legal regime should be flexible and tailored made to a

particular country’s needs.particular country’s needs.

• There is need to urgently formulate ABS legislation for Zambia in There is need to urgently formulate ABS legislation for Zambia in line with the CBD and ITPGRFAline with the CBD and ITPGRFA..

• Use of the Capacity Building Training Module on Policy and Use of the Capacity Building Training Module on Policy and Law for Biological/Genetic Resources Law for Biological/Genetic Resources

END OF PRESENTATIONEND OF PRESENTATION

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