into account all rights over those resources and technologies”. Article 8 (j) thereof contains provisions
to encourage the equitable sharing of the benefits arising from utilisation of the knowledge,
innovations and practices of indigenous and local communities embodying traditional lifestyles
relevant for conservation and sustainable use of biological diversity. The voluntary Bonn Guidelines
particularly relate to these provisions of the CBD. The Guidelines provide for detailed procedures to
facilitate access to genetic resources on the basis of the country of origin’s Prior Informed Consent
(PIC), and on mutually agreed terms.
Article 15 of the CBD requires Contracting Parties, to put in place legislative, administrative or policy
measures to facilitate access to genetic resources and ensure fair and equitable sharing of any benefits
arising from their use. It is now the policy and legal requirement of the Government of Uganda that
access to and export of the country’s genetic resources be subjected to an Access Permit, where there
is no express exemption1 in the relevant laws for this requirement. A permit to access and export
Uganda’s genetic resources is a tool for protecting the country’s genetic resources.
The CBD, to which Uganda is party, governs the way genetic resources are exchanged and used, and
introduces new obligations to obtain PIC and share benefits arising from their use. CBD is a
framework convention that relies on implementation at a national level. In fulfilment of her mandate,
Uganda has promulgated the Constitution and other laws that recognise international treaties to which
it is party in this respect.
Uganda is also Party to the Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES). CITES recognises that wild fauna and flora in their many beautiful and varied
forms are an irreplaceable part of the natural systems of the earth, which must be protected for the
present and future generations. Uganda is aware of the ever-growing value of wild fauna and flora
from aesthetic, scientific, cultural, recreation and economic points of view. CITES is premised on the
understanding that States are the best protectors of their own wild fauna and flora. To achieve its
objectives, CITES regulates trade in certain endangered or threatened species. Uganda has enacted a
number of laws that give effect to the provisions of CITES.
Uganda also acceded to the International Treaty on Plant Genetic Resources for Food and Agriculture
in March 2003. The objectives of this treaty are the conservation and sustainable use of plant genetic
resources for food and agriculture and the fair and equitable sharing of benefits derived from their use,
in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security.
1.4. National Legislative Framework
The Constitution of the Republic of Uganda, 1995, in its National Objectives and Directive Principles
of State Policy, enjoins the State to protect important natural resources, including flora and fauna on
behalf of the people of Uganda. The Constitution further enjoins Uganda to respect international
agreements, treaties, and conventions, which it affirmed on or before the ninth day of October, 1962 or
those it was party to before its coming into force. Such treaties include the CBD, the Bonn Guidelines
of Access to Genetic Resources and their Benefit Sharing and the African Model Law for the
Protection of Rights of Local communities, Farmers and Plant Breeders and Regulation of Access to
Biological Resources (2002)2; CITES, and laws relating to access and benefit-sharing, including those
relating to traditional knowledge.
Under its article 41, the Constitution recognises the right of every citizen to access to information in
the possession of the State or any other organ or agency of the State. Release of information likely to
prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other
person is exempted. The same article enjoins Parliament to make laws prescribing the classes of
1
Exemption given under the National Environment (Access to Genetic Resources and Benefit Sharing) Regulations, 2005 is
highlighted in Section 3.1
2
The African Model Law was developed as a direct response to CBD, International Understanding on Plant Genetic Resources
(FAO), TRIPs and the Union for the Protection of Plant Varieties. It is an effort to put in place a “sui generis” system of
Protection of the Rights of Local Communities, Farmer and Breeders and for the Regulation of Access to Biological Resources. It
has been operationalised through a process of regional, subregional and national consultation of stakeholders and informed
public debate.
Guidelines for Access to Genetic Resources and Benefits Sharing
2