Background

The Nagoya Protocol on Access and Benefit Sharing (ABS) aims to implement the agreement to the Convention on Biological Diversity that calls for fair and equitable sharing of benefits arising out of the utilization of genetic resources to encourage conservation and sustainable use of biodiversity. Kenya has been a party to the Nagoya Protocol since 2014, as it is a biodiverse country with over 35,000 species of flora and fauna, with many species not found anywhere else in the world. This diversity is served by the variable ecosystems ranging from marine, mountains, tropical, dry lands, forests, and arid lands.

The country has inadequate environmental and biodiversity related laws, policies, and instructional frameworks. Biodiversity aspects in the country are handled under various legislations, and there is no specific biodiversity act or substantive ABS laws. The Biosafety Authority regulate approvals on genetically modified organisms. The level of education and awareness among users and providers is moderate and there is need for enhancement. Kenya now has a law on Traditional Knowledge, but implementation is lacking. The ABS subsidiary regulation (2006) under the Environmental Act (EMCA) has been reviewed in various stakeholder forums where it has been agreed that the regulation addresses ABS issues inadequately and that there is a need for a substantive National ABS framework or an inclusive biodiversity law, similar to what other countries such as Costa Rica, South Africa and India have.

Project objectives

The UNDP-GEF Project “Strengthening Human Resources, Legal Frameworks, and Institutional Capacities to Implement the Nagoya Protocol” (Global ABS Project) is a 3-year project that specifically aims at assisting 24 countries, including Kenya, in the development and strengthening of their national access and benefit-sharing (ABS) frameworks, human resources, and administrative capabilities to implement the Nagoya Protocol. The project aims to achieve the following components:

1. Strengthening the legal, policy and institutional capacity to develop national ABS frameworks
2. Building trust between users and providers of genetic resources to facilitate the identification of bio-discovery efforts
3. Strengthening the capacity of indigenous and local communities to contribute to the implementation of the Nagoya Protocol
4. Implementing a Community of Practice and South-South Cooperation Framework on ABS

In Kenya, the ABS project will focus activities in the counties of Kakamega and Kwale, where UNDP will work as an integrator and technical advisor to bring together key players and stakeholders from the county government, local branches of national environment-protection entities, the private sector and community groups. By building partnerships in this way, frameworks for sustainable production and upscaling of endemic resources can be achieved.