Background
The conservation and utilization of local breed of livestock is one of the key strategies being implemented throughout all the regions. There has been a lot of crossbreeding with local indigenous breeds resulting in some composite breeds being formed. However, Africa has some breeds with very special traits suited to the environment where they have been bred for centuries. Some of the traits include tolerance to disease, heat, water and nutritional stress. With the increased threat of climate change, it is highly likely that exchanges and sharing of local breed of livestock, particularly those with special traits to withstand or tolerate the adverse effects of climate change, will increase. In most countries, a heightened awareness of the crisis affecting conservation and utilization of local breed of livestock as a result of degradation of the natural environment and the genetic dilution has prompted efforts to revise policies.
A review of the national policies in the Member States has highlighted a number of common priorities relevant to the conservation of Animal Genetic Resources. While policymakers throughout the regions are becoming aware of the critical role that local breeds of livestock must play in enhancing production and incomes whereas maintaining long-term sustainable practices of livestock, actual policy, institutional and legal changes are still only in the nascent stages. Analyses conducted show that countries still have much to do to establish and implement policies, laws and regulations to promote the convergence of the animal genetic resources conservation strategies. Currently there are no laws or regulations in place to control cross-breeding of livestock, despite the fact that genetic dilution is one of the main threats to local breeds. In addition, harmonizing policy priorities in the animal genetic resources sector with other national development programs and priorities remains to be done, as does strengthening the capacities of public and private actors to undertake new forms of sustainable livestock conservation and management.
Initiatives are underway in the different regions, and several countries have legal instruments and institutional framework for sustainable management of animal genetic resources. In this sense, regional actions are needed to assess and harmonize the regulations and laws for the circulation, use, conservation and management of animal genetic resources. Regional and international regulations are called for guidelines which will guide and support countries in establishing their own policy and legislation. This must be combined with technical and financial assistance to enable countries to develop their own skills and capacities in this area. This legal framework must comply with the provisions of international treaties and conventions (Nagoya Protocol, Global Plan of Action for Animal Genetic Resources and the Interlaken Declaration), as well as regional texts on biodiversity and animal movements. The Nagoya Protocol has the objective for “the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components”. According to the protocol, the sharing and exchange of genetic resources shall be based on “mutually agreed terms” between the contracting parties.
The term Animal Genetic Resources (AnGR) is used in a very practical manner and applied to the scope referring to all uses of animals for breeding purposes. The term ‘breeding purposes’ is also used in a broad sense, covering a number of different methods applied in the livestock sector. The main element of AnGR is the genetic material of animals used in further breeding and in the production of food and industrial products. This covers semen and eggs, embryos and live animals when they are being used for breeding purposes. Genetic material also refers to DNA molecules, RNA, proteins and other micro-physical genetic material.
The trans-boundary nature of AnGR also makes it imperative to have workable systems for the access, equitable sharing and exchange of genetic resources as well as protection of IPR where applicable. This is particularly important where transhumance and trade in AnGR are practiced with animals moving back and forth across national borders as well as globally. There is therefore, a need to coordinate the implementation of the Nagoya Protocol in Africa through the development of appropriate guidelines on access, benefit sharing and IPR to assist African Member States in the management of AnGR. There are some key drivers which will influence trends in sharing; exchange and transfers of AnGR and these include globalization, biotechnology, climate change, emerging diseases and disasters. These drivers are already to a large extent, influencing the movement of AnGR across national, regional and international borders. Currently, most of the exchanges, especially at local level appear to be based on “gentlemen’s agreements” with no proper protection or acknowledgement to the breeders’ IPR.
The proposed consultancy should therefore, examine the systems currently in use for the equitable sharing and exchange of genetic resources and contribute to the development of improved standards and protocols that will result in protection of Intellectual Property Rights (IPR) to sustainably manage AnGR in Africa.
With support from the European Union, AU-IBAR is currently implementing a project "Strengthening the Capacity of African Countries to Conservation and Sustainable Utilization of African Animal Genetic Resources" aiming at strengthening the capacity of African countries and Regional Economic Communities to sustainably use and conserve animal genetic resources (AnGR) through institutionalizing national and regional policy, legal and technical instruments and implementing actions that will result in judicious exploitation of AnGR in Africa. One of the key result areas of the project is to develop policy frameworks for the sustainable use of AnGR. Accordingly, one of the main specific activities to achieve the goals of this result area is to develop technical standards and protocols (including property rights and benefits sharing) for the exchange and use of genetic materials.
In the above regard AU-IBAR is through due diligence seeking to identify and engage the services of four (4) consultants one per region (East, Central, Northern and Southern) to develop suitable and harmonized regional regulatory frameworks for the movement, exchange and use of animal genetic materials.
Objectives
The objective is to develop suitable and harmonized regional regulatory frameworks for the movement, exchange and use of animal genetic materials (semen and eggs, embryos and live animals when they are being used for breeding purposes as well as DNA molecules, RNA, proteins and other micro-physical genetic material) within the different regions (East, Central, Northern and Southern).
Other specific objectives are:
- Assess the legal environment for the exchange and movement of animal genetic material
- Analyze the inconsistencies of regional texts and their possible inconsistencies with international texts
- Analyze and map production, import, distribution and use of animal genetic material within the region to ensure the traceability of AnGR inside and outside the region
- Develop a regional regulatory framework (harmonization of rules and procedures) and an action plan for its implementation
- Promote an understanding of the regional stakeholders for the implementation of the regional regulatory framework
Expected Results
The expected results of the study are:
- Regulations on the circulation and use of animal genetic material in the countries within the region are documented
- The regional regulatory framework on the circulation and use of animal genetic material in the region is developed/harmonized/strengthened.
At the end of the study, one document is expected including:
- The status of circulation and use of animal genetic material in the region
- A harmonized, appropriate and consensual draft regulatory framework on the circulation and use of animal genetic material within the region
- An action plan for the adoption and implementation of the regulatory framework by the Member States.
Reports
The Consultant is required to prepare the following technical reports in English/French:
Inception Report (IcTR)
An Inception Report (IcTR) within 5 days of commencing duty. The IcTR of not more than 10 pages should include the proposed methodology, the timeline/calendar and programme of activities, places to visit, people to meet and an outline of the contents of the Final Technical Report.
Interim Technical Report (InTR)
The interim Technical Report is perceived to be the First Draft of the Final Technical Report (FTR), before a final clean copy of the FTR is formally and officially submitted to and for acceptance by AU-IBAR
Final Technical Report (FTR)
The Final Technical Report (FTR) should take into account contributions and comments from the relevant stakeholders and AU-IBAR. The draft final report must be submitted at the end of the period of implementation of the tasks. The duration of the consultancy will be not more than 1 calendar month from the day of signature of the contract.
Submission & Approval of Progress Reports
Three copies of the progress reports referred to above must be submitted to AU-IBAR. The progress reports must be written in English/French. AU-IBAR is responsible for approving the progress reports.
Requirements
Qualification
The position requires a legal expert on environmental laws, particularly on access and benefit sharing. A good understanding of genetic material transfer agreements and on the ongoing processes at the level of the FAO Commission on Genetic Resources on the codes of conduct, guidelines and best practice guidelines and/or standards in relation to access and benefit sharing in all sub-sectors of genetic resources for food and agriculture will be an advantage.
Experience
General Experience
The candidate should have:
- At least 7 years’ experience in the assessment and/or development of environmental policies governing biological diversity in general, and access and benefit sharing (ABS), in particular
- Experience in conducting sub-regional consultation in the field of livestock
- A good knowledge of international and sub-regional texts relating to the movement of animal genetic material
- A good understanding of genetic material transfer agreements and ongoing processes at the level of FAO Commission on Genetic Resources on the codes of conduct, guidelines and best practice guidelines and/or standards in relation to access and benefit sharing in all sub-sectors of genetic resources for food and agriculture
Specific Experience
- Minimum 5 years working experience in areas associated with this consultancy, such as legal issues related to environmental laws, animal or plant genetic resources issues and development
- Strong planning, policy research and management skills;
- Ability to relate and work well with a diverse range of stakeholders at local, national and regional levels
- Excellent coordination, facilitation and communication skills
- Proficient in English/French language, spoken and written
- Ability to write, review, and edit reports
- Also ability to prepare and conduct a presentation
Budget
The maximum budget for this consultancy is USD 10,000.00 per region (USD 40,000.00) all inclusive (consultancy fees, travel costs and DSA for field visits if necessary, incidental expenses).
Selection of the Consultant
The selection of the consultant will be based on the technical evaluation. The Consultant with the highest technical score will be selected.
HOW TO APPLY:
Submission of Proposals
Applications should be sent to: applications@au-ibar.org with mention “Regional Regulatory Frameworks for Exchange, Use and Conservation of Animal Genetic Resources”.
Deadline
The deadline for application is 10th June 2016 at 15h00 (Nairobi time).
