Rwanda: Ministerial Orders Genetic Resources Wildlife Framework Established

• Rwanda has approved three new ministerial orders to regulate wildlife, genetic resources, and traditional knowledge for research and product development.
• These orders aim to implement the 2021 biological diversity law by establishing clear procedures for accessing and utilizing biological materials.
• The new regulations require permits and consent, ensuring that communities providing genetic resources and traditional knowledge receive appropriate benefits.
• The Rwanda Environment Management Authority (REMA) and Rwanda Development Board (RDB) are designated as the primary permitting authorities.
• The framework addresses past issues of unauthorized collection, unclear permitting, and lack of benefit-sharing for local communities.

The new regulations are specifically designed to ensure that communities providing these valuable resources and knowledge receive appropriate benefits from their utilization.

The Rwandan government has recently enacted three significant ministerial orders aimed at establishing a comprehensive regulatory framework for the nation's biological assets. These new directives specifically target the use of wildlife, access to genetic resources, and the application of traditional or indigenous knowledge in various sectors, including research and product development. A Science Advisory Committee has also been established as part of this initiative.

According to an explanatory note from the Ministry of Environment, the primary objective of these Rwanda ministerial orders is to facilitate the practical implementation of the 2021 law governing biological diversity. They introduce clear, standardized procedures for activities involving wild animals, plants, their parts and samples, and the traditional knowledge intrinsically linked to the use of genetic resources. This regulatory update seeks to control how individuals and entities collect, utilize, transport, and study these natural biological materials, ensuring a structured approach to their management.

These new regulations provide explicit guidelines for researchers and companies seeking to access genetic materials, such as plant or animal DNA, and the associated traditional knowledge. This is particularly relevant for the development of products like medicines, cosmetics, and food. For instance, any researcher intending to collect a medicinal plant and obtain samples for study will now be required to secure government permission, marking a shift towards more stringent oversight.

The orders are designed to address several long-standing challenges, including unauthorized collection and movement of plant and animal parts, ambiguous permitting procedures, inadequate traceability, and the historical issue of accessing genetic resources or traditional knowledge without proper authorization and benefit-sharing arrangements. The framework aims to facilitate and control legitimate activities such as research, conservation, education, and regulated use and transportation of plant and animal parts, rather than sanctioning unrestricted exploitation. It offers clearer guidance on who needs authorization, the specific information required in applications, how these applications will be assessed, and the conditions attached to authorized activities, thereby enhancing Rwanda environmental compliance updates.

A crucial aspect of the new regulations is the emphasis on ensuring that communities benefit when their plant and animal parts or traditional knowledge are utilized for research or commercial purposes. Genetic material, broadly defined as any material from plants, animals, microorganisms, or other living organisms that can be used for research or to develop products like medicines, pesticides, cosmetics, food, and beverages, is now subject to strict benefit-sharing provisions.

Historically, communities that preserved or provided these invaluable resources and knowledge often did not receive equitable benefits from their use. A toolkit on access to genetic resources highlights this need for stronger rules with compelling examples. One instance involved the Bugesera Women's Cooperative (COVANYA), which shared its knowledge about traditional Rwandan baskets (Agaseke) and raw materials with a tourist without receiving any subsequent benefit. Similarly, a traditional healer shared knowledge about medicinal plants with individuals from different countries, again without receiving any compensation. Under the new Rwanda traditional knowledge regulation, researchers, companies, or other users are prohibited from collecting genetic resources or traditional knowledge from communities without the requisite permission. The mandates for consent and permits are specifically designed to ensure that providers receive appropriate benefits when their resources or knowledge are utilized, promoting benefit-sharing genetic resources Rwanda.

The responsibility for issuing permits under this new framework rests with competent authorities designated by law and the ministerial orders, with their specific mandate depending on the nature of the activity. The Rwanda Environment Management Authority (REMA) is tasked with environmental management and biological diversity, making it a key player in overseeing genetic resources. Concurrently, the Rwanda Development Board (RDB) holds responsibility for wildlife conservation, ensuring that activities involving wild species adhere to the new guidelines.

This clear delineation of responsibilities between REMA RDB genetic resources permits aims to streamline the application and approval process while ensuring robust oversight. The comprehensive definition of genetic material underscores the broad scope of these regulations, encompassing a wide array of biological resources and their potential applications, thereby solidifying Rwanda's commitment to responsible biological resource management.

Lawyers and compliance officers must advise clients engaged in research or product development involving Rwandan wildlife, genetic resources, or traditional knowledge on the new ministerial orders. These orders establish clear permit requirements, consent procedures, and benefit-sharing arrangements, necessitating a review of existing practices to ensure compliance and avoid legal exposure.

Source: Based on original reporting