Biopiracy on Zambian Medicinal Plants

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Biopiracy on Zambian Medicinal Plants

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

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Structure of the Presentation

• Background
• Name and Type of Genetic Material
• Actors involved
• How the Genetic Resource is Used 
• Type/Kind of ABS Agreements
• Lessons learnt
• Agreed Benefits in the Agreements 
• Benefits Realised to Date
• Direct Contribution to Poverty Alleviation
• Changes needed at the local, national and /or
  International Levels
• Conclusions

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Background

• Zambia human capital formation that is necessary
  to generate sustained economic growth is impeded
  not only by lack of adequate social sector
  expenditures but by high incidence of HIV/AIDS
• Sixteen percent of the adult population aged 15
  years and 49 years inclusive is stricken by this
  disease and related opportunistic infections
• Consequently this impedes the country's capacity
  to develop by shortening human productivity and
  life expectancy
• Zambia has abandant medicinal plants in its major
  natural miombo vegetation

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Background Ctd

• Zambian traditional medicine plays an important
  and vital role in most parts of the country given
  the fact that adequate modern health facilities
  are lacking.
• General ailments are treated locally at
  household level and most households depend on
  traditonal medicine knowledge available within
  their reach
• The traditional knowledge on the use of medicinal
  plants has been orally passed on through the
  several generations.

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Name and Type of Genetic Material

• Several medicinal plant genetic materials (actual
  names withheld)
• Medicinal Plant Biological/Gentic are under
  threat by external collectors operations who come
  under a number of ventures and at times digise
  themselves through legitiimate social
  institutions.

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Actors involved

• Traditional Healers Practioners Association of
  Zambia (THPAZ)
• Ministry of Health
• National Aids Council of Zambia (NAC)
• Forestry Department
• Environmental Conservation Association of Zambia
  (ECAZ)

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How the Genetic Resource is Used 

• The Plant Genetic Resources are used for
  medicinal purposess especially those plant
  genetic material that have been associated with
  blood boasting and immunity enhancement, curing
  of HIV/AIDS
• The Biopiracy agents tend to visit the suspected
  patients being treated with the same plant
  genetic material
• unsuspecting patient or gardian give out the
  information without any reservations

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Type/Kind of ABS Agreements

• There are no proper agreements in place with the
  foreign collectors
• foreign collectors come into the country as
  people working on humanitarian programmes e.g
  addressing Health, hunger, unemployment through
  the promotion of agriculture activities, poverty
  alleviation etc.
• Foreign collectors initially develop some local
  relationships with some local traditional healers
• Later become members of the local Traditional
  Healers Practitioners Association of Zambia
• Through paying a membership fee, a certificate is
  issued

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Lessons learnt

• Loss of control of biological/genetic resources
  and accompanying TK
• Biopiracy denies the country as well as the local
  communities fair and equitable benefits resulting
  from the commercialisations of their biological
  resources and TK
• Lack of respect and recognition of the
  contribution of local communities in selection or
  identifying genetic potential of biological
  resources.
• Privatization also Leads to monopolistic control
  of natural resources and deny community access to
  most critical elements of human survival such as
  health and food.

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Lessons Learnt Ctd

• Lack of legal framework on ABS in line with the
  CBD and ITPGRFA
• Lack of domestication of international treaties
  such as CBD and ITPGRFA etc.
• Fragmented institutions such as govt ministries
  regulating ABS
• Poorly organised structures on local communities
• Poverty in most local African communities which
  may impact on the way they may grant access to
  genetic resources
• Govt. interference in ABS
• Lack of priority on the legal reform on ABS
• Lack of resources and political will
• Lack of public awareness and education on the
  actual and potential value of biodiversity.

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Agreed Benefits in the Agreements 

• There is none so far.
• Only through the membership fees paid to THPAZ of
  150.0 per year or 250.0 per five years and a
  membership certificate is issued.
• Benefits Realised to Date None
• Direct Contribution to Poverty Alleviation None
  

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

• Need to control access to biological/genetic
  resources and Traditional Knowledge through the
  introduction of appropriate legislation and
  establishment of institutional structures.
• Need to increase public appreciation, education
  and awareness of the value and importance of
  biodiversity, and public involvement in its
  conservation and sustainable use.
• Need to take audit /document the
  biological/genetic resources and Indigenous
  knowledge.

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Conclusion

• Biopiracy if not stopped, will continue to erode
  the biological/genetic resources of the
  developing countries as well as denying them fair
  and equitable benefits derived from their losses.
• There is need to strengthen the policy,
  institutional and legal frameworks in the
  developing countries particularly those in
  Southern Africa which to date have no national
  legislation on ABS.
• ABS legal regime should be flexible and tailored
  made to a particular countrys needs.
• There is need to urgently formulate ABS
  legislation for Zambia in line with the CBD and
  ITPGRFA.
• Use of the Capacity Building Training Module on
  Policy and Law for Biological/Genetic Resources

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END OF PRESENTATION

• THANK YOU!