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 

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