ABS refers to the way in which genetic resources may be accessed, and how the benefits that result from their use are shared between the people or countries using the resources (users) and the people or countries that provide them (providers). Malawi is endowed with diverse biological re-sources which contribute significantly to the country’s economy both directly as source of livelihood for the majority of the population and indirectly through various ecosystem services. Recently there has been growing demand for these resources for research and/or development and bio-trade, both from local and foreign users. This growing demand for biological resources has also been accompanied by the demand for traditional knowledge associated with the use of these biological resources.

The rising demand for biological resources has created challenges in ensuring sustainable utilization and conservation of these resources. These challenges include illegal access of biological resources,unequal sharing of benefits arising from use, loss of export revenue and unsustainable harvesting of resources. These challenges emanate from lack of ABS procedures, lack of institutional coordination with regard to access and export of biological resources including conflicting mandates amongst institutions; limited institutional knowledge and capacity on ABS and inadequate systems for monitoring compliance to ABS legislation.Despite Malawi facing a lot of challenges,actions are being taken which includes;

Development of regulatory measures on ABS: Firstly, Malawi included Aichi Target 16 in its NBSAP of 2015 which had actions to develop legislation on ABS, conduct sensitization and strengthen capacity for negotiating ABS contracts among others. Following the ratification of the Nagoya Protocol, Malawi included a comprehensive provision on ABS in its revised Environmental Management Act of 2017. Malawi has finalized development of its ABS regulations which are set to be adopted this year. Finally, Malawi has developed ABS guidelines that explain clear procedures for users, providers, and other players in the ABS process. The guidelines include application forms and guidance of benefit sharing.

Capacity Building on ABS: Malawi has implemented several capacity building activities on ABS targeting legal professionals, conservation professionals, communities and local leaders including local users and bio traders. Malawi has also participated in many international capacity building programs and was on a long term support from the ABS Capacity Building Initiative and the Fridtjof Nansen Institute (Norway) to support in-country negotiation skills and contract development which built capacity of Malawian lawyers and focal points on developing ABS contracts and negotiating ABS contracts. Malawi has also trained boarder staff and participated in training sectoral institutions in ABS. As a result, Malawi has built a team of experts for ABS negotiations including from Health, Fisheries, Justice, Registrar General, Environmental Affairs, Forestry, Parks and Wildlife, Agriculture, Livestock, and communities among others who have capacity to negotiate contracts and engage in ABS agreements. All ABS contracts are vetted by the Ministry of Justice.

Development of ABS Contracts (MAT) and PIC: Malawi has developed several contracts and issued several ABS permits including working with communities and different sectors: health, fisheries, forestry, livestock, agriculture and other sectors who have provided access for genetic resources. So far, the following sectors have negotiated contracts with various Users: Health Sector (3), Fisheries Sector (4), Forestry Sector (6), Livestock (1), Agriculture (1), Communities (Mangochi and Nsanje) (2) EAD (8). Most of the contract negotiations have resulted in the development of ABS contracts and issuance of export permits.

Development of Sectoral ABS Contracts/procedures: Malawi is working with sectors to revise procedures for access and export of genetic resources to include benefit sharing mechanisms. So far we have worked with the Ministry of Health and Fisheries to revise their material on transfer agreements to align them with ABS requirements and agreements in the health sector to reflect ABS provisions. This will be a pilot for other sectors.

Development of community protocols: Malawi are working with communities to assist in developing community procedures for ABS and create an understanding on the genetic value and potentials of specific communities that have been activity in export of biological resources. This is also assisting to organize the communities to work together and be organized for engaging with users to reduce uncertainties and have workable systems at community level. So far two communities have been active in ABS, working with government; pilot protocols have been developed in one community in Nsanje District. Malawi’s first community protocol has been developed in Mwanda Community in Nsanje, exporting biological resources for pharmaceutical use, as a pilot which outlines the organization of the community, description of biological resources, roles of stakeholders, sustainable harvesting procedures, value addition, export and benefit sharing mechanisms. It also outlines procedures from application to export for users and providers. In addition, Communities have also been trained in ABS, and country exchange visits have been conducted

Bioprospecting studies on GR: In collaboration with NGO’s, academia, private institutions and communities, studies on valuable genetic resources that have potential for use as essential oils etc. are being conducted to identify their potential for utilization. This is done through ABS mechanisms where PIC and MAT are sought from communities and communities are engaged working with the various entities. This is to ensure that workable ABS systems are being promoted and encourage private sector, research engagement in the ABS process. The intention is to upscale these activities.

Inventory of Exported Biological Resources: Malawi developed an inventory of biological resources exported out of the country in 2018 which indicates which species are leaving the country, where and for what purposes. This allows to follow up and prioritize sectors that should ensure implementation of ABS mechanisms. However, this revealed a gap in the way export permits are tracked and documentation for access and export which is an area that Malawi intends to work on in future work.

Awareness and Sensitization meetings: Malawi also has conducted a number of ABS sensitization meetings targeting parliamentary committees on natural resources, traditional authorities, bio-traders, boarder staff among others. More work is being planned towards the development of targeted ABS awareness material. The media has also been taken to communities working on ABS and articles on ABS have been written.