ABSTRACT

This chapter explores the research on genetic resources and indigenous knowledge in the framework of the Ethiopian Access and Benefit Sharing (ABS) law. Ethiopia is one of the few countries that had ABS legislation before the adoption of the Nagoya Protocol on ABS in 2010. The biodiversity policy provides for the rights of community to share the benefit derived from genetic resources and associated traditional knowledge. The scope of the ABS Proclamation covers genetic resources found in both in situ and ex situ conditions and associated traditional community knowledge. Communities have the right to give prior informed consent for access to their community knowledge and also can demand the restriction of prior informed consent (PIC) given by the state where access becomes detrimental to their socioeconomic life or cultural heritages. Legal transparency and certainty as well as respect, transparency, cooperation and mutual trust are essential elements for effective and sustainable implementation of the ABS regime.