3.2
Access Permit Exemption
There are some activities that lead to access of the country’s genetic resources which are exempted
from the requirement of an Access Permit. These include:
1. the exchange of genetic resources done by the local community amongst themselves and for their
own consumption;
2. exchange certified to be purely for food or other consumptive purposes as prescribed in the
relevant laws. Access to plant genetic resources for food and agriculture shall be done in
accordance with existing relevant laws and international conventions e.g. the International Treaty
on Plant Genetic Resources for Food and Agriculture (Acceded to by Uganda in March 2003);
3. genetic resources in transit through Uganda;
4. genetic resources derived from plant breeders;
5. human genetic resources;
6. where use is intended for approved research for educational purposes by Ugandan institutions
recognised by the UNCST designated for this purpose;
This exempted use must not have commercial motivations or should not be intended to result in export
of such resources or parts thereof. Should commercial value be discovered later, after exempted
access, then the procedures for obtaining an access permit must be followed.
3.3
Access to In-Situ Resources
Any access to genetic resources in in-situ conditions shall be subject to prior authorisation of the
UNCST and to the signing of a contract between the resource owner and the individuals and or
corporate bodies concerned. The access procedure is described in Section 3.4.
3.3.1
AGR in Protected Areas
When requesting access to genetic resources from protected areas, the applicant must fulfil the special
national legislation guiding management of such resources in addition to the provisions of the
Regulations. Protected areas in Uganda are under management of various Lead Agencies. These
include national parks and wildlife reserves under UWA Central Forest Reserves under NFA, Local
Forest Reserves under Local Governments and Wetlands under Wetlands Inspection Division and
local governments.
Research and bio-prospecting is allowed in all categories of protected areas, in conformity with
existing rules and regulations. In the case of research, all Research Agreements entered into by any
person, entity or corporation, foreign or domestic, with the UNCST, have to be reviewed and approved
first by the relevant Lead Agency.
3.3.2
AGR on Community Land
Access to genetic resources within areas owned by local communities, including ancestral lands and
areas of indigenous cultural communities shall be allowed only with the PIC of such communities
obtained through the procedures prescribed in Section 3.1 of these Guidelines. The government
agency concerned with management of such areas (e.g. Local Government at the lowest level, Uganda
Wildlife Authority, etc.), shall see to it that the consent required is obtained in accordance with the
customary traditions, practices and morals of the concerned communities and with concurrence of the
Local Leaders and the local communities living adjacent to the resource or deriving livelihood from it.
Proposals for access must be submitted to the recognised head of the relevant local or indigenous
cultural community. Such access shall be discussed and agreed in a public consultation / meeting
organised by the applicant, in consultation with the local councils, within the area of concern. Local
communities can refuse access if it is judged to be detrimental to the integrity of their natural or
cultural heritage and can withdraw consent or place restrictions on activities relating to access if they
are likely to be detrimental to their socio-economic life or their natural and cultural heritage.
Guidelines for Access to Genetic Resources and Benefit Sharing
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