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Developing bioprospecting regulations

Developing regulations relating to bioprospecting, access and benefit-sharing
South Africa has grappled with policy discussions about bioprospecting, access and benefit-sharing (‘ABS’) for many years. Through Chapter 6 of the Biodiversity Act (10 of 2004), these important issues are now included for the first time in South African legislation. While the Biodiversity Act sets out a broad framework for regulating access and benefit-sharing, detailed regulations are required to give effect to several of its provisions. This represents a critical opportunity to develop coherent systems, standards and institutional arrangements for these activities. It is also a vital step towards ensuring that benefits received from bio-prospecting for South Africa are optimised, and that holders of resources and knowledge about biodiversity are rewarded fairly.

The EEU has been contracted by the Department of Environmental Affairs and Tourism to manage the consultative process of developing the regulations, and to provide technical advice for their legal drafting. As part of this process, stakeholder meetings have been held in Cape Town, Pretoria, Durban and Nelspruit.

It is expected that the regulations will be gazetted for comment in December, 2006.
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Traditional healer showing an imphepho plant. Photo: Rachel Wynberg
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Dividing Line

Aims and Objectives

The overall aim of the proposal is to ensure the development of regulations for bioprospecting, access and benefit-sharing that are meaningful and relevant, that meet the needs of different stakeholder groups, and that have wide legitimacy and support.

Key objectives are:

  1. To develop and manage a process of stakeholder consultation for the development of regulations for bioprospecting, access and benefit-sharing;
  2. To incorporate input from this process into the development of appropriate regulations;
  3. To provide technical guidance on the content of regulations; and
  4. To provide strategies for implementation of the regulations at local, national and international levels.

The process to develop regulations is also considered a valuable opportunity to build capacity and awareness about the issues, and to disseminate information about the Biodiversity Act and its implications.

Publications and Reports
Wynberg, R. Consolidated Report of Inputs Arising from Provincial Consultation Workshops on the Access and Benefit-Sharing Regulations. 30 November, 2005. Prepared for the Department of Environmental Affairs and Tourism, Pretoria by the Environmental Evaluation Unit, UCT.

Wynberg, R. 2005. Proceedings of the Provincial Consultation Workshops on Access and Benefit-Sharing Regulations. Cape Town Workshop, Friday, 28 October 2005. Prepared for the Department of Environmental Affairs and Tourism, Pretoria by the Environmental Evaluation Unit, UCT.

Wynberg, R. 2005. Proceedings of the Provincial Consultation Workshops on Access and Benefit-Sharing Regulations. Durban workshop, Tuesday, 1 November 2005. Prepared for the Department of Environmental Affairs and Tourism, Pretoria by the Environmental Evaluation Unit, UCT.

Wynberg, R. 2005. Proceedings of the Provincial Consultation Workshops on Access and Benefit-Sharing Regulations. Pretoria workshop, Thursday, 3 November 2005. Prepared for the Department of Environmental Affairs and Tourism, Pretoria by the Environmental Evaluation Unit, UCT.

Wynberg, R. 2005. Proceedings of the Provincial Consultation Workshops on Access and Benefit-Sharing Regulations. Nelspruit workshop, Wednesday, 3 November 2005. Prepared for the Department of Environmental Affairs and Tourism, Pretoria by the Environmental Evaluation Unit, UCT.

Wynberg, R. 2005. Discussion Document to Inform the Development of Regulations for Bioprospecting, Access and Benefit-Sharing, October, 2005. Prepared for the Department of Environmental Affairs and Tourism, Pretoria by the Environmental Evaluation Unit, UCT.

Wynberg, R. and Taylor, M. Forthcoming 2009. Finding a path through the ABS maze: challenges of regulating access and ensuring fair benefit-sharing in South Africa. In, E. C. Kamau and G. Winter (editors), Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing. Earthscan, London.

Taylor, M. and Wynberg, R. 2008. Regulating access to South Africa’s biodiversity and ensuring the fair sharing of benefits from its use. South African Journal of Environmental Law and Policy, 15(2).
Other Relevant Resources
Laird, S. and R. Wynberg. January 2008. Access and Benefit-Sharing Arrangements Existing in Specific Sectors Sectors: Study on Access and Benefit-Sharing Arrangements.

Department of Environmental Affairs and Tourism. National Environmental Management: Biodiversity Act 10 of 2004.

Department of Science and Technology, Indigenous Knowledge Systems Policy, 2005

Wynberg, R. February 2005. Report of the expert workshop for implementation of Chapter 6 of the Biodiversity Act 10 of 2004. Report prepared for the South African National Biodiversity Institute.

Wynberg, R. May 2004. Bioprospecting, Access and Benefit-sharing in South Africa: Towards a Strategic Assessment. A paper prepared for the National Botanical Institute as a contribution towards the Southern African Biodiversity Support Programme and National Biodiversity Strategy and Action Plan

Gazette Draft Regulations on Bioprospecting, Access and Benefit-sharing. 16 March 2007
Project Team
EEU Researchers:
Rachel Wynberg
Quinton Williams

Legal drafting:
Mandy Taylor, Cheadle Thompson & Haysom link

Client:
Department of Environmental Affairs and Tourism link

Timeframe:
August 2005 - ongoing