Status Quo ABS

Madagascar has developed and formally adopted an ABS interim regulation in the form of a decree (adoption by cabinet). The interim regulation is meant to provide a workable framework to regulate ABS until a full-fledged ABS legislation is elaborated, validated and in force (a process which can take up to five years to complete). The interim ABS regulation contains a number of provisions which need to be detailed through specific “textes d’ application” to ensure the effective implementation of the regulation (e.g. modalities for access, the mode of operation/ specific functions and composition of the interim National Competent Authority, benefit sharing modalities etc.). The drafting of the “textes d’application” is finalised by the Ministry of Environment and Sustainable Development (MEDD) - final comments from other departments are incorporated.

Further to the work on the decree, progress has been made in the following aspects relevant for the implementation of the Nagoya Protocol: draft access demand form, definition of elements for the protection of traditional knowledge including through biocultural community protocols, access provisions/ modalities for commercial and non-commercial research, roles and responsibilities for the competent national authority and other institutional functions. This work informed the elaboration of the “textes d’application”.

More about national ABS frameworks and other elements needed for successful ABS implementation here.

More information on the interlinkage between ABS, BioTrade and sustainable value chains here.