Since the advent of bioprospecting, samples of genetic resources can be commissioned by foreign firms in order to determine the properties of these resources, to isolate the active ingredients and to develop commercial products. These products, when they prove to be interesting and accepted according to the required standards, are patented in the name of the legal or natural person who developed them, without compensation to the country of origin.

Until today, Burundi is no exception to this sad reality. Thus, the legal vacuum in this area favors the fraudulent use of genetic resources and associated traditional knowledge. Recognizing this problem and the importance of safeguarding genetic resources, the country Parties to the Convention on Biological Diversity (CBD) agreed to adopt, in Nagoya, Japan in October 2010, a Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from them (PN/APA). In accordance with article 15 of the CBD, this protocol clarifies all the outlines of the fair and equitable sharing of benefits arising from the use of genetic resources.

The objective of the Protocol is therefore the fair and equitable sharing of the benefits arising from the use of genetic resources so that those who access genetic resources (firms, researchers, etc.) share the monetary and non-monetary benefits that they derive from the use of such resources with countries of origin and local communities in these countries. The National Biodiversity Strategy and Action Plan (2013-2020) (SNPAB) states that in Burundi, the exploitation of genetic resources and associated knowledge is carried out through genuine biopiracy. This is due to the fact that national legislation and policies on access and the sharing of benefits arising from the use of genetic resources and associated knowledge do not yet exist. This is how this country dedicated its SNPAB objective 17 to the implementation of the Nagoya Protocol.

This goal states that “By 2015, knowledge about the challenges related to access to genetic resources and the fair and equitable sharing of benefits arising from their use is improved, the Nagoya Protocol is ratified and a related national law is in force.” In order to implement this objective, Burundi has already adhered to the Nagoya Protocol in accordance with Law No. 1/21 of 23 June 2014. With this accession, the Government of Burundi has taken all the useful and necessary measures to ensure the implementation of the Protocol in Burundi. The present report on the status of access and sharing of benefits arising from the use of genetic resources under the Nagoya Protocol therefore provides a country's ABS situation that will guide the establishment of a National Strategy and Action Plan on ABS, but also of a national law in this field.

The mandate that guided the development of this report is as follows:

- To take stock of the situation on Access to genetic resources and associated traditional knowledge in Burundi;

- To take stock of the sharing of benefits in the various cases of access to genetic resources and associated traditional knowledge in Burundi;

- Identify strengths and weaknesses in the area of access and benefit sharing;

- Make concrete proposals in terms of actions to improve access and benefit sharing in line with the Nagoya Protocol.

This work is part of the project “Ratification and Implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Use in COMIFAC Area Countries” under the funding of UNEP/GEF.

This report is structured around the following points:

- Overview of genetic resources and associated traditional knowledge;

- Overview of Access and Sharing in Burundi;

- Constraints to the application of APA procedures;

- Priority needs and actions for the application of ABS procedures.