On February 18, 2016, a workshop to raise awareness among traditional practitioners on the Nagoya Protocol was held in the premises of the Chez André Restaurant. This workshop was organized as 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 member countries of the Central African Forests Commission (COMIFAC)”.

The meeting was also organized in accordance with article 21 of this Protocol relating to raising public awareness on the importance of Genetic Resources and traditional knowledge associated with them and on issues related to Access and Benefit Sharing (ABS) arising from the use of these resources. The highlights of the workshop were as follows:

• Workshop opening ceremonies;
• Followed by a video on APA;
• Presentation session;
• Exchange session and discussion on presentations;
• Exchanges on questions intended for work in committees.

The opening ceremonies of the workshop were mainly characterized by an opening speech delivered by the Director General of OBPE. In his speech, he recalled that beginning in the 1980s, several industrial sectors developed a contested practice consisting in collecting the planet's natural resources and traditional knowledge about their proper use, in order to exploit them commercially.

These operations, conducted without prior authorization from the national authorities and without compensation mechanisms in favor of local populations, essentially constitute a transfer of wealth from the South (reservoir of most of the world's biodiversity) to the North, without monetary or non-monetary compensation. He continued his speech by talking about the Nagoya Protocol and its goals, which were summed up in an ambition to end this unfair practice of exploiting genetic resources and associated knowledge without authorization or monetary compensation or not from the holders of these resources or knowledge. He went on to say that the Protocol is an international tool designed to regulate the transfer of technology and indigenous genetic resources from supplier countries (holders) and user countries (operators). This is because the secretariat of the Convention on Biological Diversity (CBD) does not have any coercive means and the international community is not ready to work in line on this issue, the Nagoya Protocol is the only international instrument that makes it possible to act against “biopiracy”. However, he added, it should not be considered a panacea. The effectiveness of its implementation will depend on the determination of the signatory parties to incorporate into their law provisions that are binding on users within their jurisdiction, he continued. Thus, the international community has decided to fight this “biopiracy” through the establishment of an international legal framework in national legislation, he said.

After the opening ceremonies, participants watched a video on APA. The video was about the origins of the Nagoya Protocol and some cases of ABS already known in Africa.

The video was followed by 3 presentations which are:

• The Nagoya Protocol on Access and the Fair and Equitable Sharing of Benefits Arising from the Use of Genetic Resources: An Overview;
• Access and the fair and equitable sharing of benefits arising from the use of medicinal genetic resources: An appeal to traditional practitioners in Burundi;
• Presentation on the Nagoya Protocol: Towards collaboration between researchers and traditional practitioners.

Mr Nindorera Damien, legal advisor at OBPE

These operations, he continued, conducted without prior authorization from the national authorities and without compensation mechanisms in favor of local populations, gave rise to biopiracy. Thus, he added, the international community decided to combat this biopiracy through an international legal framework, hence the birth of the Nagoya Protocol linked to the Convention on Biological Diversity through one of its three objectives talking about the fair and equitable sharing of benefits arising from the use of biological resources. He continued his presentation by talking about the concepts of rules and clear procedures for Prior Informed Consent (PIC), which is an authorization given to a user by the competent national authorities of a supplier country before accessing genetic resources, in accordance with an appropriate legal and institutional framework as well as the clear rules and procedures on Mutually Agreed Conditions (CCCA). These constitute an agreement, reached by mutual agreement between providers of genetic resources and users, governing the conditions of access and use of resources, as well as the sharing of benefits between the two parties.

The second presentation concerned access and sharing the benefits of using medicinal genetic resources: An appeal to traditional practitioners in Burundi.

Madame Marie Josée Bigendako professor at the University of Burundi

Participants were also briefed on the prerequisites for implementing the Nagoya Protocol in traditional medication. The speaker ended her presentation by talking about priority actions for this implementation.

Mr. Nzigidahera Benoit at the same time the National Focal Point of the Nagoya Protocol

The speaker also spoke of the research leaks observed, which are the free collection of information in the field, the exhibition and dissemination of scientific information (studies, collections, herbaria, articles) and the biased collaboration with foreign institutions (facilitating free and free access for foreigners).

Progressing through the presentation, the presenter highlighted how researchers should be involved in implementing the Protocol. This includes establishing a framework for collaboration between traditional practitioners and researchers to apply APA. According to the Nagoya Protocol, he added, access to a genetic resource or associated traditional knowledge in the context of research and development activities requires the request for prior informed consent from the supplier (an access authorization) by the user and the supplier, mutually agreed terms, conditions for access and fair and equitable sharing of the benefits generated from this use (contract, memorandum). The presenter ended his presentation by talking about compliance obligations. These obligations are:

• Genetic resources and associated traditional knowledge used in national jurisdiction are accessed following a PIC and CCCA is established;
• The use of genetic resources is highly monitored at effective checkpoints;
• Establishment of cooperation in case of alleged violation of requirements prescribed by another contracting party;
• The possibility is provided to resort to the national legal system in the event of a dispute arising from the implementation of mutually agreed conditions and to take measures concerning access to justice.

The presentation session was followed by an opportunity for participants to comment, ask questions, and contribute.

  After the discussion session, participants observed a moment of discussion on three questions that were intended for group work. The work of the workshop ended with a word of thanks delivered by the Director General of OBPE at 15:30pm Bujumbura time.