The government recently approved three ministerial orders to regulate the use of wildlife, access to genetic resources and traditional or indigenous knowledge for research, product development and other purposes, as well as the establishment of a Science Advisory Committee. According to an explanatory note from the Ministry of Environment, the order is intended to make the 2021 law governing biological diversity easier to implement by providing clear procedures for activities involving the use of wildlife, parts and samples of animals and plants, and traditional knowledge associated with the use of genetic resources. ALSO READ: Why Rwanda needs law on use of genetic resources The new rules control how people can collect, use, transport and study wild animals, plants and other natural biological materials. The order sets out how researchers and companies can access genetic materials, such as plant or animal DNA, and traditional knowledge associated with their use, especially when these resources are used for research or to develop products such as medicines, cosmetics or food. For example, a researcher who wants to collect a medicinal plant and take samples for research may need government permission. The rules are also intended to ensure that communities can benefit when their plant and animal parts or traditional knowledge are used in research for commercial and other purposes. The permits are intended to facilitate and control legitimate activities such as research, conservation, education, regulated use and transportation of plant and animal parts, rather than authorise unrestricted exploitation. The order addresses challenges including unauthorised collection and movement of plant and animal parts, unclear permitting procedures, inadequate traceability, and access to genetic resources or traditional knowledge without appropriate authorisation and benefit-sharing arrangements. ALSO READ: Five highlights in draft law on genetic resources The ministry said the order provides clearer guidance on who needs authorisation, the information required in applications, how applications are assessed and the conditions attached to authorised activities. Who issues the permits? Permits are issued by competent authorities designated under the law and the order, depending on the nature of the activity and their respective mandates. The Rwanda Environment Management Authority (REMA) is responsible for environmental management and biological diversity, while the Rwanda Development Board (RDB) is responsible for wildlife conservation. How will the rules protect genetic resources and traditional knowledge? Genetic material refers to material from plants, animals, microorganisms or other living organisms that can be used for research or to develop products such as medicines, pesticides, cosmetics, food and beverages. ALSO READ: Genetic resources: How much value is retained locally? In the past, communities that preserved or provided these resources and knowledge did not always benefit from their use. A toolkit on access to genetic resources documents examples showing why stronger rules are needed. One member of the Bugesera Women’s Cooperative (COVANYA) said a tourist once asked the cooperative about how traditional Rwandan baskets, known as Agaseke, were made and took samples of the raw materials used by the women. The cooperative shared its knowledge and materials without receiving any benefit. Another example involves a traditional healer who shared knowledge about medicinal plants with people from different countries without receiving benefits in return. Under the new rules, researchers, companies or other users cannot simply collect genetic resources or traditional knowledge from communities and take them away without the required permission. Consent and permits are intended to ensure that providers can benefit when their resources or knowledge are used. Rwanda began developing legal and institutional frameworks in 2017 to implement the Nagoya Protocol, which aims to ensure the fair and equitable sharing of benefits arising from the use of genetic resources. Benefits from genetic resources and traditional knowledge can be financial, such as royalties and fees, or non-financial, such as training, research cooperation and technology transfer. What happens if someone accesses genetic resources without a permit? Under the law, a person who conducts studies on genetic resources or associated traditional knowledge, or accesses or exports them without the required permit, commits an offence. The person may face an administrative fine of between Rwf2 million and Rwf5 million. Authorities can also seize the genetic resources involved in the offence and the equipment used to commit it. The regulations are intended to prevent situations where a company or researcher uses biological resources or traditional knowledge to develop a commercial product without providing benefits to the people or communities that provided them. What happens to illegally obtained parts of plants and animals? A separate ministerial order establishes procedures for the seizure, recording, custody, storage, transportation, management and final disposal of plant and animal parts confiscated in connection with illegal activities. The Ministry of Environment said seizure is only the first step when wildlife parts or specimens are found to have been illegally obtained, possessed or transported. It also provides for the preservation of evidence where legal proceedings are required and ensures that confiscated animal and plant parts are managed in accordance with the law. Science Advisory Committee for biological diversity established The third ministerial order establishes the Science Advisory Committee for Biological Diversity. The committee is intended to ensure that decisions on biodiversity conservation, sustainable use and management are informed by scientific and technical evidence. Biodiversity management involves issues such as the status of species and ecosystems, threats to biodiversity, conservation priorities, research, genetic resources and sustainable use. The committee therefore provides a mechanism for bringing together scientific and technical expertise to support evidence-based decision-making. Who will sit on the Science Advisory Committee and what will it do? The committee will comprise seven qualified experts and representatives from relevant institutions and technical fields. These include representatives from public and private higher-learning institutions, research institutes or centres, the private sector, professional bodies involved in biodiversity and wildlife conservation and management, the relevant authority, and non-governmental organisations involved in wildlife and biodiversity conservation. Its functions include providing scientific and technical advice on biodiversity policies, strategies, programmes and regulatory measures; assessing the status, trends and threats facing biodiversity; advising on conservation and sustainable-use measures and research priorities; and providing technical input on issues requiring specialised expertise.
