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UNDP Project Document

Government of MoroccoNational executing agency: Ministry of Energy, Mining, Water and Environment (MEMWE)

United Nations Development Programme – UNDP

UNDP Project ID PIMS 4953 / GEF Project ID PMIS 5605

Developing a National Framework on Access to and Benefit-Sharing of Genetic Resources and Traditional Knowledge as a Strategy to Contribute to the

Conservation and Sustainable Use of biodiversity in Morocco

Brief descriptionMorocco possesses a rich biological heritage including a high level of genetic diversity, which makes it a particularly attractive country for bio-prospecting, with a vast potential to explore for wealth creation and national development, according to the National Charter for Environment and Sustainable Development, the National Strategy on Biological Diversity (under review) and the national strategy for scientific research. Unfortunately, the general trend in the country is one of degradation and loss of biodiversity observable across all ecosystems. This places a great peril on Morocco's genetic resources, as many are scarce or vulnerable.

Article 15 of the Convention on Biological Diversity (CBD) seeks to define international law with regards to the relationship between suppliers and users of biological and genetic resources, through a system of Access and Benefit-sharing (ABS). This regime is an opportunity to considerably strengthen the objectives and measures for the protection and conservation of biodiversity and its sustainable use, by allowing the creation of new capital flows and additional resources. Morocco however does not currently have any framework that specifically governs the sustainable use, conservation and benefit sharing of biodiversity. Various policies have been developed in order to regulate biodiversity-related sectors, but the absence of a national framework on ABS has left a wide range of opportunities untapped, namely benefit-sharing. It is therefore necessary that an efficient ABS regime be developed in close consultation with stakeholders in order to facilitate access to genetic resources and allow the fair sharing of revenues derived from their sustainable use and benefit both biodiversity and the suppliers of those resources. The development of such a framework requires harmonizing current legal and regulatory instruments in the field of genetic and biological resources. This framework must comply and be compatible with the CBD and the Nagoya Protocol, it must consider other relevant international processes, and also be coupled with the necessary backing in order to strengthen national capacities in various fields, for an efficient implementation at national and local levels.

The GEF project described in this Project Document, aims to strengthen the protection and sustainable use of genetic resources and its associated traditional knowledge in Morocco, through the establishment of a national framework on Access and Benefit-sharing (ABS) compatible with the CBD and the Nagoya Protocol. In order to achieve this objective, the project will adresses two complementary components: (1) the development a national framework on ABS; and, (2) capacity building for the implementation of the national ABS framework.

PRODOC PIMS 4953 GEF5 MOROCCO ABS 1

SIGNATURE PAGE Country: MOROCCO

Project title: Development of a national framework on Access and Benefit-sharing from genetic resources and traditional knowledge as a strategy to contribute to the conservation and

sustainable use of biodiversity in Morocco

Result(s) of the UNDAF: Outcome 5 of UNDAF: The principles of the "National Charter on Environment for Sustainable Development" (NCESD) are implemented by ensuring coherence between sectorial strategies and environmental, climate change and risk management priorities, while strengthening territorial convergence on the most vulnerable areas and populations, with attention to gender.

Expected UNDP IIRF Output(s)/Indicator(s) to be monitored by UNDP including UNDP Country Office:Output 1.3: Solutions developed at national and sub-national levels for sustainable management of natural resources, ecosystem services, chemicals and wasteIndicator 1.3.1 : Number of new partnership mechanisms with funding for sustainable management solutions of natural resources, ecosystem services, chemicals and waste at national and/or sub-national levelSub-indicator 1.3.1.A.1.1: Number of new partnership mechanisms with funding for sustainable management solutions of natural resources, ecosystem services, chemicals and waste at national and/or sub-national levelOutput 2.5: Legal and regulatory frameworks, policies and institutions enabled to ensure the conservation, sustainable use, and access and benefit sharing of natural resources, biodiversity and ecosystems, in line with international conventions and national legislationIndicator 2.5.1.: Extent to which legal, policy and institutional frameworks are in place for conservation, sustainable use, and access and benefit sharing of natural resources, biodiversity and ecosystems Sub-indicator 2.5.1.A.1.1: Extent to which legal frameworks are in place for conservation, sustainable use, and/or access and benefit sharing of natural resources, biodiversity and ecosystemsSub-indicator 2.5.1.C.1.1: Extent to which institutional frameworks are in place for conservation, sustainable use, and/or access and benefit sharing of natural resources, biodiversity and ecosystems

Implementing Partner: Environment Department of the Ministry of Energy, Mines, Water and Environment

Project duration 36 months Total Project Resources: $2,062,785ATLAS Award ID: 00086609 Total resources in TBW: $862,785ATLAS Project ID: 00093847 GEF $812,785GEF PMIS #: 5605 UNDP (TRAC) $50,000UNDP PIMS #: 4953 Others:Mgt Arrangement: NIM Government of Morocco $200,000PAC Meeting Date: 17 September 2015 GIZ $1,000,000

Approved by the Government:

Name:

Date: Signature:

Approved by UNDP:

Name:

Date: Signature:


Summary

SECTION I: Project description..................................................................................................................................6

PART 1: Situation Analysis......................................................................................................................................6Starting Point..........................................................................................................................................................6Stakeholder involvement analysis........................................................................................................................11

PART 2: Strategy.....................................................................................................................................................13Project goal, expected results and project activities.............................................................................................13Coordination with initiatives financed by the GEF and others............................................................................15Risks and mitigation measures.............................................................................................................................16National and global environmental benefits.........................................................................................................17Innovation, sustainability and potential for scaling up........................................................................................17

PART 3: Management arrangements....................................................................................................................17PART 4: Monitoring, evaluation and communication.........................................................................................20

Monitoring and evaluation...................................................................................................................................20Communications and transparency requirements................................................................................................23

PART 5: Legal context............................................................................................................................................24SECTION II: STRATEGIC RESULTS FRAMEWORK (SRF)............................................................................25

PART 1: Strategic Results Framework (SRF)......................................................................................................25PART 2: Incremental Cost Analysis......................................................................................................................29

SECTION III: Total Budget and Work-plan............................................................................................................33

PART 1: Total Budget and GEF Work-plan........................................................................................................33PART 2: Staff and project consultants..................................................................................................................35PART 3: Summary of funds....................................................................................................................................37

SECTION IV: ADDITIONAL INFORMATION.....................................................................................................38

PART 1: Other agreements.....................................................................................................................................38GEF focal point Endorsement Letter in Morocco................................................................................................38Co-financing Letter from Government of Morocco.............................................................................................39Co-financing Letter from GIZ..............................................................................................................................40Co-financing Letter from UNDP..........................................................................................................................42

PART 2: Terms of References for project staff....................................................................................................43Context of ToR (standard for all positions).........................................................................................................43National project coordinator (NPC).....................................................................................................................44Administrative and finance assistant....................................................................................................................46Project consultants................................................................................................................................................47

PART 3: Project Annexes (UNDP / GEF).............................................................................................................70UNDP Social and Environmental Screening Procedure (SESP).........................................................................70Tracking Tool for Biodiversity Projects in GEF- 4 and GEF-5- (Objective 4 –ABS / Beta Version)................71National ABS Institutional Capacity Scorecard...................................................................................................76


Acronyms

ABS Access and Benefit Sharing (ABS)AIPRT Aspects of Intellectual Property Rights affecting TradeAL Agricultural LabelAPR Annual Project Review (Examen annuel du projet)

AVIHII Agronomic and Veterinary Institute Hassan II (Institut Agronomique et Vétérinaire Hassan II - IAVHII)

AWP Annual Work Plan / Plan de travail annuel

BG Bonn Guidelines on ABS

CBD Convention on Biological DiversityCCAN GIZ project "Climate Change Adaptation and implementation of the Nagoya Protocol in Morocco"CCD United Nations Convention to Combat DesertificationCHM Clearing House Mechanism (Centre d’échange d'informations sur la diversité biologique)

CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora (Convention sur le commerce international des espèces en danger de la faune et de la flore sauvages)

CMS Convention on the Conservation of Migratory Species of Wild Animals (Convention sur la conservation des espèces migratrices d’animaux sauvages, dite convention de Bonn)

CO Country Office (UNDP)CoP / I,II, etc.

Conference of the Parties of the Convention on Biological Diversity and other international conventions / First, second, etc. ... COP meeting

CPGR Commission on Plant Genetic Resources (Commission de la FAO sur les ressources génétiques végétales)

DETR Directorate of Education, Training and Research (Direction de l'Enseignement, de la Formation et de la Recherche)

DSOQ Distinctive signs of origin and qualityEIA Environmental Impact AssessmentFAO Food and Agriculture Organisation (Organisation des Nations Unies pour l'Alimentation et l'Agriculture)GATT General Agreement on Tariffs and Trade (Accord général sur le commerce et les tarifs douaniers)

GEF Global Environment Facility (Fonds pour l'environnement mondial - FEM)

GI Geographical Indication

GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit, GmbH (German Federal Enterprise for International Cooperation)

GPA Global Plan of Action (Plan mondial d'action de la FAO)GR Genetic resources

HCEFLCD High Commission for Water and Forests and the Fight against Desertification (Haut Commissariat aux Eaux et Forêts et à la Lutte Contre la Désertification)

HCP High Commission for Planning (Haut Commissariat au Plan)ILC Indigenous and local communitiesIPR Intellectual Property RightsIR International regime on ABSIRD Integrated rural development

IT PGRFA International Treaty on Plant Genetic Resources for Food and Agriculture (Traité international sur les ressources phytogénétiques pour l'alimentation et l'agriculture - TIRPGAA)

IUCN World Conservation Union (IUCN)MAMF Ministry of Agriculture and Marine Fisheries (Ministère de l'Agriculture et des Pêches Maritimes)MAT Mutually Agreed Terms (Termes mutuellement approuvés / Conditions convenues d'un commun accord)MEA Multilateral Environmental AgreementsMICPO Moroccan Industrial and Commercial Property OfficeMSA Material Supply Agreement (Accord de fourniture de matériel)MTA Material Transfer Agreement (Accord de transfert de matériel – ATM)NBSAPs National Biodiversity Strategies and Action Plans


NCSTR National Centre for Scientific and Technical Research (Centre National de la Recherche Scientifique et Technique)NGO Non-governmental organizationNIAR National Institute for Agricultural Research (Institut National de la Recherche Agronomique)NIFR National Institute for Fisheries Research (Institut National de la Recherche Halieutique)NIHD National Initiative for Human Development (Initiative Nationale pour le Développement Humain INDH)NOFS National Office for Food Safety (Office National de la Sécurité Sanitaire des Aliments - ONSSA)NPC National Project CoordinatorOFL Organic Farming LabelPGI Protected Geographical IndicationPIC Prior Informed ConsentPoWPA Program of Work on Protected AreasPSC - ABS APA Project Steering CommitteeQPR Quarterly Progress Reports (Rapports d’avancement trimestriels)

RAMSAR Convention on Wetlands of International Importance, especially as Convention Waterfowl Habitat (Convention sur les Zones Humides d’Importance Internationale)

RDWF Regional Directorate for Water and Forests (Direction Régionale des Eaux et Forêts)

SWG Special Working Group (in the CBD)

TBW Total Budget and Work-plan (Budget total et plan de travail)TK Traditional KnowledgeTKIP Traditional knowledge, innovations and practicesToR Terms of Reference

TRIPs Agreement on Trade-related Aspects of Intellectual Property Rights (ADPIC)

UNCED United Nations Conference on Environment and Development (Rio Conference, 1992)

UNDP United Nations Development ProgrammeUNEP United Nations Environment ProgrammeUNFCCC United Nations Framework Convention on Climate ChangeWIPO World Intellectual Property OrganizationWTO World Trade Organization


SECTION I: Project description

PART 1: Situation Analysis

STARTING POINT

1. The present project document (PRODOC) is designed to make operational, at UNDP and Government level, the proposal (Project Identification Form / PIF October 1st, 2013, approved by the GEF on November 19th, 2013) regarding the development of a national framework for the Access to and Benefit-sharing of genetic resources and its associated traditional knowledge as a strategy aimed at contributing to the conservation and sustainable use of biodiversity in Morocco.

2. Located on the north-western tip of Africa at the junction of three bio-geographic regions, Morocco holds a place of global importance in terms of biodiversity. It has a wide diversity of bio-climatic regions, including important mountain ranges with large areas of bordering plateaus, rich coastal plains and valleys. The country's five main ecosystems provide habitat for more than 24,000 animal species (11% endemic) and 7,000 plant species (20% endemic). Forest and marine ecosystems are especially rich in biodiversity. The resulting high level of genetic diversity makes Morocco a particularly attractive country for bio-prospecting, especially given that there are approximately 800 known Medicinal and Aromatic Plants (MAP), 600 of which have associated traditional knowledge. Unfortunately, the general country trend is toward biodiversity degradation and loss, and a decline in biodiversity is observable in all ecosystems. This puts Morocco’s genetic resources at serious risk, since many are scarce or vulnerable.

3. The main threats to biodiversity in Morocco stem from human activities, economic development and population growth, such as urbanization, sand mining, water pumping, habitat transformation, over-exploitation of resources, pollution, erosion, and the introduction of invasive species. Climate change is likely to worsen the state of the natural environment in years to come, as the country’s water resources are expected to drop significantly due to rising temperatures and a reduction in precipitation, thus exacerbating issues of water vulnerability, resource dependence, the erosion and desertification of agricultural lands. More frequent droughts are likely to occur, placing forests and agricultural ecosystems under severe stress. Oases and mountain ecosystems are particularly vulnerable to climate change due the threat of desertification and land degradation, thus threatening their high social, economic and environmental value. These complex problems require significant investment to counter the inevitable loss of plant and animal diversity.

4. The third objective of the CBD, as stated in Article 1 is the "the fair and equitable sharing of benefits originatng from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and techniques, and by appropriate funding."

5. Article 15 of the CBD seeks to define international law with regards to the relationship between suppliers and users of biological and genetic resources. The fundamental concepts enshrined in Article 15 of the CBD and other relevant items can be summarized as follows:- The sovereign right of countries over biological and genetic resources, whose potential can be used

positively in support of conservation and sustainable development at national level;- The facilitated access to biological and genetic resources, on mutually agreed terms (MAT) and after

prior informed consent (PIC);- The fair benefits-sharing derived from the use of genetic resources (GR);- The recognition of traditional knowledge (TK) associated with the use of genetic resources.


The Nagoya Protocol on ABS was adopted in this spirit during the Tenth meeting of the Conference of the Parties to the Convention on Biological Diversity CBD (Nagoya, Japan, October 2010), following 10 years of international negotiations. It is a legally binding protocol on access and benefit-sharing of traditional knowledge associated with genetic resources. It entered into force on 12th of October 2014.

6. The Nagoya Protocol contains a foreword, 36 articles and an annex. Under the Protocol, the use of genetic resources is subject to three conditions:

• Prior informed consent given by the supplying country before granting access to its territory for prospection and / or collection;• Benefit-sharing of the commercial valorization from products derived from genetic resources via monetary or non-monetary compensations, which may take the form of royalties or cooperation in research and development;• Reinvestment of part of the profits into conservation and sustainable use of biodiversity.

7. National governments are required to take the appropriate legal, administrative or policy measures for the implementation of the Nagoya Protocol in terms of access and benefit-sharing. A review of national legislation must be carried out to identify areas of incompatibility where improvements or new legislation are required in order to implement the CBD's and the Protocol's commitments, including the implementation of codes of best practices for collectors, the protection of intellectual property rights (IPR) and other property rights.

8. In this context, an Access and Benefit Sharing (ABS) regime would be a key opportunity to significantly strengthen the objectives and measures regarding biodiversity conservation and sustainable use, namely through the provision of new capital flows and complementary resources. Morocco however currently has no framework that comprehensively governs the sustainable use, conservation and especially benefit-sharing of biodiversity. Various policies have been developed in the country to regulate sectors touching on biodiversity, but the lack of a national ABS framework has left the benefit-sharing opportunity untapped. An effective ABS regime must therefore be developed, in close consultation with stakeholders, in order to facilitate an efficient and equitable access to genetic resources and enable the sharing of revenues from their sustainable use, to the benefit of biodiversity and providers of such resources. The development of such a framework will require the harmonization of existing legal and regulatory instruments affecting genetic and biological resources. It should be consistent with the CBD and its Nagoya Protocol and must also be coupled with the support needed to build national capacity required for implementation.

9. Legal and political context : The Convention on Biological Diversity (CBD) came into effect in Morocco in 1995. Ever since, most attention has been directed towards the two first CBD objectives, being the conservation of biodiversity, and the sustainable use of its components. The third CBD objective - the fair and equitable sharing of the benefits generated by the utilization of genetic resources – has for a long time received less attention. The laws and policies most relevant to ABS relate to the environment, forests and protected areas. Following the 1995 National Strategy for the Protection of the Environment and Sustainable Development, the Moroccan Government prepared a National Action Plan for the Environment in 2002 that comprised the 1st National Strategy and Action Plan for the Conservation and Sustainable Use of Biodiversity (NSAPCSUB). The 2nd NSAPCSUB, prepared in 2004, identified the conservation of genetic resources and the adoption of a law on ABS as key strategic goals, primarly in response to Article 15 of the CBD. The 2003 Law 11-03 on the Preservation and Valuation of the Environment is a framework law that established ground rules and general principles relating to the environment, including biodiversity. It requires the rational management of flora and fauna to ensure the perpetuation of biodiversity, and forbids, or requires prior consent for, activities that may harm animal and plant species or their natural surroundings. Together with Law 12-03 of 2003 on Environmental Impacts Assessments it forms the legal framework underpinning EIAs, required for every project that may have an impact on the environment by its nature or size.


10. In December 2012, the Kingdom of Morocco signed the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits generated by their utilization, and promulgated on 17 June 2013 a Law approving this Protocol: Dahir No. 1-13-58 8 Sha'ban 1434 promulgating the Law no. 13-12 approving the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, attached to the Convention on Biological Diversity, approved in Nagoya, Japan, October 29, 2010.

11. The ratification process is currently in its final phase, following publication of the Law approving the Protocol in the Official Bulletin of the Kingdom of Morocco, no. 6166 from 04 July 2013. Once the Royal Seal is affixed to the treaty, the instruments of ratification shall be deposited with the United Nations Treaty Section.

12. Moreover, the Law n°31-05 of 2006 regarding the protection of industrial proprety also lays down the general framework of intellectual property rights in Morocco. Forests are governed by the Law on the Conservation and Exploitation of Forests, which lays out the extent of State forests and subjects most forested land to oversight and management (e.g. State forests, community forests, afforested or reforested common land). As a result of this Law, dating back to 1917, commercial access to all forest ressources found on State lands is regulated; certain species (e.g. Argan, dates and walnut) are subject to particular management regimes, and the exploitation of certain non-timber forest products is subject to prior consent. Morocco's Law 22-07 on Protected Areas was adopted in 2010 and establishes a regime that limits the use of designated areas in accordance with a development and management plan; apart from customary uses, all activities that may negatively impact the state of a protected area are forbidden without prior consent of the relevant authority. Law 29-05 of 2011 on the national implementation of CITES also deals with the collection and trade of genetic resources. Law 25-06 of 2008 on the distinctive stamps of origin and quality of agricultural and fishery food products, created the necessary legal framework for the recognition and protection of local products as well as the basis for related labelling. Furthermore, the High Commissioner for Water, Forests and the Fight against Desertification (HCEFLCD) oversees regulation for the access to wild flora for scientific purposes. In 2006, Morocco also ratified the International Treaty on Plant Genetic Resources for Food and Agriculture (IT PGRFA - WFO) whose scope of application covers part of plant genetic resources for food and agriculture (PGRFA). This treaty's implementation will surely be reinforced with the establishment of a national framework on ABS.

13. A new constitution was enacted on July 29th 2011, laying out the framework for decentralization and advanced regionalization, aimed at achieveing integrated and sustainable development at the economic, social, cultural and environmental levels. The Constitution also formally proclaims that the State will strive toward the realization of sustainable human development, with the objective of strentghening social justice, the preservation of national natural resources and the rights of future generations.

14. In 2010, the Kingdom of Morocco adopted the National Charter for the Environment and Sustainable Development (NCESD), whose preample proclaims that the "the Kingdom of Morocco has a rich natural and cultural heritage, also unique and diverse, it’s an irreplaceable source of life and inspiration, and whose components and characteristics must be protected and enhanced for present and future generations".

15. The National Charter (NCESD) also proclaims that research and development must be supported to stimulate innovation, encourage technologies and processes that are appropriate for environmental protection, sustainable development and job creation, in the context of a new economy and green growth.

16. An integrated sustainable environmental management system to materialize the Charter's principles. As a fully-fledged management tool, this system is intended to give effect to the NCESD's principles and values, within a gradual incremental planning process that includes a new overarching legislative reference on the environment, a new Strategy for the Environment, and a new National Strategy for Sustainable Development.


17. National Biodiversity Strategies and Action Plans (NBSAPs) as well as programs on diversity fit into this framework. Morocco has begun the review-process of its Strategy and Action Plan on Biodiversity (NBSAP), suggesting a new vision, based on new data collected at the global level. The new National Biodiversity Strategy was in fact designed to include current or forthcoming programs in Morocco as well as national priorities for biodiverstity conservation and enhancement, in addition to international concerns articulated in the CDB Strategic Plan for Biodiversity 2011-2020 and Aichi Targets.

18. As a result, twenty-six national operational objectives were defined in the country's planning scheme for biodiversity, divided into six strategic sectors. These objectives seek to reinforce the new strategy with the latest international data but also with national concerns such a better evaluating the impact of climate change, of ecosystemic services, of traditional knowledge, of genetic resources and the enhancement of biodiversity for human well-being.

19. An important strategic axis was introduced in relation to the governance of biodiversity with coordination, participation and convergence aspects that are coherent with the new Constitution and the country's new governing dynamic. It highlights biodiversity for local and national development, and includes the NBSAP's regional dimension in view of the country's move towards an advanced regionalization. Furthermore, the projected goals are far more precisely targeted with quantified thresholds, as inspired by the CBD's strategic plan that provided the conceptual framework that permitted to update Morocco's NBSAP.

20. One of the main operational objectives of the NBSAP 2011-2020 is the adoption of the necessary legislative and institutionnal framework required to implement the Nagoya Protocol, in a sustainable development perspective that involves an equitable sharing of revenues arising from ABS between different segments of society. Morocco is well-know for its genetic resources’ richness, both land and marine. Various means of enhancing them remain to be explored, whilst some already identified in Morocco or elsewhere remain unexploited. In this context, an Access and Benefit Sharing (ABS) regime on the utilization of genetic resources represents an opportunity to considerably strengthen the objectives and measures for the protection and conservation of biodiveristy, namely by channeling new capital flows and additional resources for the sustainable use of this diversity by local users. For instance, agricultural heritage varieties, medicinal plants and genetic resources for cosmetic use offer an underestimated potential for health and local development that Morocco could tap into.

21. Genetic resources are associated with a wide array of traditional knowledge and practices. For example, local wealth of medicinal and aromatic species associated with particular knowledge and traditional pharmacopoeiass may well generate new ideas for the comestics industry and modern pharmacology. In the Arganeraie for instance, the uses of all products derived from this mythical tree result from the cumulative experience of knowledge passed down from generation to generation by local communities who own the right of usufruct of these resources.

22. In addition, the lack of an effective national framework on ABS (in terms of institutions, capacity, mobilization and awareness of the private sector, return schemes for providers of genetic resources, etc.), has caused cases of biopiracy (Arganeraie, aromatic plants, plants for agricultural use, marine genetic resources, etc.) with occurences of non-permitted or insufficiently informed access to resources or knowledge, and without the appropriate sharing of benefits. Genetic resources are insufficiently valued and the risk of their illegal exploitation persists. Moreover, potential resources that could be used towards biodiversity conservation by populations and industries alike are insufficiently mobilized.

23. The long-term solution is the establishement of a comprehensive national legal, regulatory and institutional framework for ABS, to activate the potential that Morocco's diverse genetic resources and traditional knowledge represents for generating economic benefits to the nation and key stakeholders, including local


communities, in the form of markets, employment, technological transfer and capacity building. The long-term solution will therefore involve the development of a national bio-prospecting industry, an equitable participation in international bioprospecting progams as well as attracting investment from international bio-prospecting companies to foster the discovery and development of new biochemical products such as pharmaceuticals, nutraceuticals and agrochemicals. These new opportunities will strenghten the economic case and political motivation as well as the financing required for the conservation and sustainable use of biological diversity/resources containing genetic material. The establishment of a comprehensive national ABS framework will furthermore ensure that Morocco's sovereign right to regulate access to genetic resources and associated traditional knowlegde is respected. Given that Morocco is in the final stages of ratifying the Nagoya Protocol, this task takes on some urgency.

24. A national regulatory framework on ABS is therefore necessary to operationalize Article 15 of the CDB as well as the Nagoya Protocol, namely to:- Ensure that all bio-prospecting activities comply with the PIC procedure of the future relevant national

authority;- Guarantee that Mutually Agreed Terms (MAT) are signed by the bio-prospector and Moroccan authorities

for the equitable sharing of benefits, whether monetary or non-monetary (bio-prospecting initial costs, other advantages from the development phase to commercialization, technological transfers through joint agreements to reinforce required capacities for the national development of biotechnology and in others fields);

- Promote the recognition of traditional knowledge associated with genetic resources. These TK must be documented and protected, and their benefits shared in a fair and equitable way.

- Enhance the country's biological and genetic resources, namely by encouraging their conservation and sustainable use, whilst ensuring that local communities, who are the true custodians of these resources and their traditional knowledge, reap the benefits of complementary or alternative livelihoods.

25. The preliminary project : Over the past couple of years, the Government of Morocco has initiated several projects and processes that provide a relevant preliminary foundation. The recently terminated (July 2013) UNEP-GEF project “Development of the National Clearing House Mechanism, Capacity Assessment for ABS and Taxonomy in Morocco” (GEF # 3008) prepared an assessment and analysis of relevant laws and regulations in place, institutional arrangements, resources, and opportunities for ABS. This included a suggestion for an appropriate framework for the implementation of the Bonn Guidelines on ABS. The project also prepared an assessment of the state of knowledge and exploitation of genetic resources, both at the national and international level; an assessment of the economic potential of Morocco’s genetic resources; and a inventory of the roles of all pertinent stakeholders in the domain of ABS. In 2011, the Government conducted two workshops to develop a roadmap and strategy for the implementation of the Nagoya Protocol in Morocco and organised the 5th Pan-African Workshop on Access and Benefit Sharing in Marrakech where African countries had the opportunity to exchange information on the models of national ABS frameworks and recommendations for the implementation of the Nagoya Protocol. Under the UNEP-GEF project the government conducted two workshops in January and July 2012 on capacity reinforcement needs related to the implementation of ABS in Morocco.

26. Working further towards the above mentionned long-term solution, the Government and GIZ will invest $400,000 and $1,000,000, respectively over the next three years, to define a national ABS Strategy and an institutional framework for ABS in Morocco and develop a pilot programme on ABS value chains. Through a dedicated project, the GIZ will provide technical assistance on these matters to the Government of Morocco. Some critical issues are therefore being addressed under the baseline scenari, however, two key barriers remain that impede the full achievement of the above mentionned long-term solution : on the one hand the lack of a comprehensive legal and regulatory framework, and on the other the limited capacity, knowledge and awareness of concerned stakeholders.


27. Lack of a comprehensive legal and regulatory framework:- A mosaic of sectorial laws touching on, or governing different aspects of ABS exist, but these do not

sufficiently reflect the 2010 Nagoya Protocol;- National laws do not yet cover PIC and MAT procedures;- While there is a national focal point for ABS, competent national authorities are not yet in place;- Authorities that could be involved in ABS are dispersed across sectors leading to a lack of sufficient

coordination;- It can be difficult to identify the authorized representatives of local communities, as well as pertinent laws

and customs;- Traditional knowledge related to genetic resources has not been broadly identified or accounted;- Measures for access and benefit sharing fail to distinguish between access for research purposes, and

access for the purposes of commercialization;- Existing measures relating to access and benefit sharing are often confusing and procedures are unclear;- It is difficult to guarantee benefit sharing once genetic resources have left Morocco.

28. Limited capacity, lack of knowledge and awareness of concerned stakeholders : the April 2012 provisional report “Evaluation of the national capacity development needs on ABS (Evaluation des besoins de renforcement des capacités nationales en matière d’APA)” written under the above-mentioned UNEP-GEF Project identified four main areas: 1) institutional capacity, 2) legal and regulatory capacity, 3) scientific and technical capacity, and 4) awareness-raising. In addition, capacity must be reinforced to:- Establish checkpoints; define and implement indicators to monitor the implementation of ABS;- Train competent authorities, representatives of local communities, and other stakeholders on how to

negotiate ABS contracts;- Set up the groundwork for an ABS model geared towards the conservation of biodiversity and its

sustainable use;- Identify competent actors and existing expertise for the implementation of the Nagoya Protocol;- Manage cross-border situations;- Mobilize financial resources for the implementation of the Nagoya Protocol and an ABS mechanism;- Elaborate special measures for reinforcing capacities of civil society and local communities, with an

emphasis on women empowerment.

29. The lack of awareness amongst stakeholders and administrators in the public and private sectors regarding the question of access and benefit sharing is a serious obstacle to implementation. Taxonomic studies must also be strengthened, as well as knowledge on the potential of genetic resources from marine and terrestrial environments.

30. The proposed GEF alternative scenario includes a description of the project's components, as well as incremental cost reasoning assessing expected contributions from the baseline, from co-financing and the GEF-TF.

STAKEHOLDER INVOLVEMENT ANALYSIS

31. The involvement process will begin with CBD/ABS national focal points at the Department of Environment, Ministry of Energy, Mines, Water and Environment (MEMEE). It will then be extended to include a much wider range of national stakeholders and ongoing projects. The table below provides an overview of the key project partners with a provisionary description of their respective roles, which must be confirmed and validated during a consultative process, in the form of workshops as start-up activities for the project’s institutional anchoring.

Table 1 - Stakeholder involvement


Stakeholder Implementation roleEnvironment Department of the Ministry of Energy, Mines, Water and Environment (MEMEE)

National Executing Agency that will ensure the delivery of planned activities in the framework of the project and coordinate the involvement of all relevant stakeholders for a coherent and convergent nationwide legal framework as well as its related institutional arrangements.

The High Commissariat for Water and Forests and the Fight against Desertification (HCEFLCD)

The High Commissariat will facilitate access to relevant data on forest related genetic resources and traditional knowledge, suggesting and undertaking relevant measures to set up a coherent ABS legal framework (within national forests, continental waters and maritime dunes) and participate in capacity reinforcement programs.

Ministry of the Interior

The Ministry will coordinate, through the DGCL Direction, the input of local authorities to facilitate setting up an ABS legal framework, guiding the assessment of local communities’ traditional knowledge targeted by the ABS as well as capacity reinforcement of such communities.

Ministry of Agriculture

Through its different affiliated sub-structures, the Ministry will facilitate access to available data on agro-genetic resources (including fisheries and related traditional knowledge), propose and undertake relevant measures for a coherent ABS legal framework within the agricultural sector and participate in capacity reinforcement programs.

Ministry of FinanceIts role will be to establish checkpoints through the customs administration to control the illegal trans-border trade of genetic materials/resources, and create financial mechanisms to support ABS-affiliated governmental departments.

Ministry of High Education, Scientific Research and training

Through its permanent inter-ministerial committee on scientific research and technological development, the Ministry is well positioned to play a key role in providing strategic orientation and coordinating technical and scientific research activities/input.

National Biodiversity Committee

Will act as the guiding Steering Committee on the project at national level, considering it brings together key national stakeholders on biodiversity in an already existing committee that regularly meets.

German Agency for International Cooperation (GIZ – Deutsche Gesellschaft für Internationale Zusammenarbeit)s

GIZ will be a key partner in the project, providing critical co-financing and technical support over the next three years through a dedicated project on ABS in Morocco: "Adaptation to climate change / Implementation of the Nagoya Protocol (ACCN)" having one complementary component on ABS (see § 48-49). Inter alia, GIZ will be leading several of the thematic streams, and inputting best practices in two pilot regions (Sous Massa Draa and Tadla Azilal) as well as model policies and legislation from its global ABS Capacity Development Initiative.

Universities and research institutions

Efforts will be made to strengthen research programs on taxonomic studies, genetic resources and the sustainable use of related biodiversity materials. Communication channels will be also strengthened to ensure research results are widely disseminated thus contributing in reinforcing national capacities on ABS.

Civil Society Organizations

CSO’s will play an active role in liaising with local populations and raising public awareness with regard to ABS economic opportunities and positive social impacts. They are also expected to enrich and contribute to the design and implementation of a coherent legal framework.

Private sector (users and/or providers of genetic resources)

As a key partner, the private sector with its leading and engaged representatives, will be involved in all step of the project - contributing to awareness-raising within the private sector, identifying suitable genetic resources, resource providers and value chains.

Providers of genetic resources: local/rural communities, farmers, women’s cooperatives, nomadic populations (Amazigh a.k.a. Berber)

The various representatives of the suppliers of GRs and their associated knowledge will play a key role in all project milestones from conception to assessment. Once identified, they will facilitate and contribute to the compilation and assessment of ABS-related traditional knowledge, raise awareness within local communities involved in ABS matters and spread necessary capacities through a capacity reinforcement plan.


PART 2: Strategy

PROJECT GOAL, EXPECTED RESULTS AND PROJECT ACTIVITIES

32. The project's goal is to contribute to reinforce national capacities to manage the environment and the sustainable use of biodiversity whilst providing adequate protection to marginalized populations in need.

33. The project's objective is to strenghten the conservation and sustainable use of genetic resources and associated traditional knowledge in Morocco by developing and implementing a national framework on Access and Benefit Sharing (ABS) consistent with the CBD and its Nagoya Protocol.

34. In order to address the aforementioned obstacles and achieve the proposed long-term solution, the project will focus on the following two components:

Component 1: Developing a national framework on ABS consistent with the CBD and its Nagoya Protocol

35. Under this component, the project will aim to achieve the following oyutcomes and sub-outcomes- Outcome 1.1: Comprehensive national law(s) on ABS in line with the Nagoya Protocol adopted by

Morocco- Outcome 1.2a: Appropriate regulations and application instruments to implement the national ABS laws

are adopted and in place- Outcome 1.2b: Institutional framework and ABS national authority established and operational, to

facilitate the implementation of the national ABS law and regulations- Outcome 1.3: An effective benefit sharing mechanism established and ABS model agreement developed- Outcome 1.4a: A national inventory / database on traditional knowledge relating to genetic and biological

resources is established and includes at least 300 entries- Outcome 1.4b: A system for protecting confidential and non-confidential Traditional Knowledge (TK) is

established

36. Under this component, the project shall establish a fully operational national framework for ABS in Morocco. Building on the outcomes of the UNEP-GEF project mentioned in the baseline section, the effort under this component will prepare the groundwork for a national law on ABS in line with the CBD, the Nagoya Protocol (NP), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and further related international instruments on intellectual property rights (IPR). This framework will be adapted to national circumstances after thorough consultation of stakeholders involved on ABS related issues in Morocco. Ultimately, the legal expertise mobilized by the project will - in full coordination with the legal services of partner institutions - propose a law that will be submitted to the Moroccan Parliament for adoption. This component will also involve the establishment of sound regulatory and institutional frameworks necessary to support the successful implementation of the Nagoya Protocol in Morocco, involving competent national authorities, supporting measures, and improving coordination between authorities that will oversee access and benefit-sharing. The result will comprise an institutional framework that provides a sound legal environment, clarity and transparency for commercial and research purposes. Mechanisms shall be proposed to the Moroccan governement to facilitate access, benefit-sharing and compliance, including national focal points and competent national authorities to serve as contact points for information, granting access, or to cooperate on compliance issues. The project will significantly contribute to setting up an operational ABS monitoring and information-sharing mechanism; a R&D management platform; a payment and benefit-sharing system; and checkpoints at all stages of the value-chain, including research, development, innovation, and pre-commercialization. Under this component, a system to protect traditional knowledge will be proposed to ensure that access takes place with the prior informed consent of the holders of traditional knowledge, and that benefits are shared, particularly when traditional knowledge is


used for the purposes of research and development. Community protocols and customary law can both serve as the basis for clarifying PIC and MAT requirements between users and providers of traditional knowledge and genetic resources.

37. The results of this component will lead to setting up an effective mechanism for receiving revenues/benefits generated through future ABS agreements from the users of the genetic resource, and sharing/reinvesting of these revenues/benefits with the providers of the genetic resource within the private sector or local communities. The benefit-sharing mechanism could be an endowment, sinking or revolving fund or a similar structure, and can be used to support conservation and sustainable use through the provision of financial resources to projects and local community initiatives. The link between conservation and ABS recognized by Article 9 of the Nagoya Protocol can be established by using this scheme.

Component 2: Building capacity for implementing the national ABS framework

38. Under this component, the project will aim to achieve the following oyutcomes and sub-outcomes- Outcome 2.1. Capacity of existing and/or newly established agencies competent and otherwise relevant

for ABS implementation improved by at least 30%, as measured by UNDP’s ABS Capacity Development Scorecard.

- Outcome 2.2 At least 50% of researchers, local communities, and relevant industry players targeted by the campaign are aware of and understand the national ABS law and regulations as well as the CBD and NP provisions related to ABS and TK (KAP evaluation).

- Outcome 2.3: National depositories/ databases established and regularly updated: for potential and actual ABS agreements and value chains; potential users and providers of genetic resources; and ex-situ collections of genetic and biochemical resources

39. This component is designed to overcome the barrier related to weak institutional and technical capacity in key government agencies and across other relevant groups of stakeholder. The work under this component is to improve the capacities of the national competent authority and other relevant agencies to implement the ABS framework, thereby improving the chances that the adoption of a framework is successful on the ground.

40. This will first involve the creation of coordination mechanisms between the different in-country institutions involved in the development and subsequent implementation of the legal and regulatory ABS framework.

41. The insufficient levels of awareness among decision and policy-makers in the public and private sectors regarding the issue of access and benefit sharing is a key constraint for the introduction a national ABS regime. More broadly, the need for "CEPA" (communication, education and public awareness) has been observed at national level and by the international community working on this issue.

42. At the national level, in terms of CEPA / ABS, there is a need to establish priorities, identify target groups and conduct advocacy campaigns involving specific materials for each stakeholder. Among target groups, policy-makers, local communities and private users emerge as priorities for ABS. The dissemination of information on the national ABS framework and related legal and administrative measures is key, as well as communicating the rules of access to traditional knowledge associated with genetic resources.

43. In parallel to establishing dynamic coordination mechanisms, the project will train and raise awareness through a communication strategy, comprising educational materials and a public awareness campaign focused on informing researchers, local communities and industries of the adoption of a national law on ABS, as well as particular provisions including PIC requirements, the use of model ABS agreements, and relevant provisions of the Nagoya Protocol. Knowledge, attitudes and practices (KAP) assessment surveys targeting specific groups (e.g. researchers, local communities, and relevant industry players) that may use or benefit


from ABS transactions will be carried out in order to assess enhanced awareness about national ABS law, the CBD and Nagoya Protocol.

44. The above mentionned coordination and awareness raising groundwork will be accompanied by the development of templates, guidance manuals and training programmes on the national ABS framework and disseminated to relevant governmental and non- governmental organizations, research institutions and local communities. The guidance and training materials will address issues such as ABS procedures for users and providers of genetic resources, PIC protocols, ABS agreement negotiation strategies, ABS-related IP, customary law, bio-prospecting and research procedures, and so forth. Also an ABS model agreement that facilitates the negotiation of monetary (i.e. up-front payments and royalties) and non-monetary (i.e. training/research opportunities) to verify service delivery between users and providers of genetic resources.

45. The materials will be used specifically for reinforcing capacities of competent authorities, national focal points and related agencies through the targeted training of some 100 staff – on processing ABS access applications, negotiating ABS agreements and related strategies, facilitating access to genetic resources, compliance monitoring, monitoring bio-prospecting projects, handling issues under the Nagoya Protocol, PIC protocols, ABS related intellectual property, customary law, bio-prospecting and research procedures, etc. Equivalent training will be provided to users and providers of genetic resources.

46. Moreover, moving from the stage of research to the research and development stage is key to enhance biodiversity and national genetic resources. Models will be discussed in order to evaluate the best potential for adding value to resourses in order to guarantee their sustainable use, for economic development and to benefit local communities that safeguard them. The project will focus on developing strategies to promote and commercialize products from biodiversity and genetic resources in various sectors (cosmetics, pharmaceuticals, agriculture, horticulture, marine products, etc.)

47. Lastly, and in virtue of component 2, the project also aims at raising awareness among stakeholders on the virtue of creating databases on ex-situ collections of genetic and biochemical resources and traditional knowledge, including bio-prospecting value-chains of potential interest for ABS.

COORDINATION WITH INITIATIVES FINANCED BY THE GEF AND OTHERS

48. This project will be coordinated with two other UNDP-GEF initiatives in Morocco. The first initiative is aimed at revising the National Biodiversity Strategy and Action Plan entitled “National Planning on Biological Diversity in Support of the Implementation of the Convention on Biological Diversity Strategic Plan 2011-2020” (GEF # 4853). The new ABS framework will be fully reflected in the new NBSAP currently in its final phase, and the national implementation of the Nagoya Protocol under this project will be linked to the biodiversity planning process. The fifth national report on the CBD's implementation validated and published in May 2014 already includes the revised objectives of the new NBSAPs. A central operational objective of the NBSAP 2011-2020 is the adoption of the legislative and institutional framework for the implementation of the Nagoya Protocol, in a sustainable development perspective. This operational objective is part of Strategic axis C (contribute to improving living conditions through the implementation of NBSAPs).

49. The second UNDP-GEF entitled “Integration of Biodiversity in the Value Chain for Medicinal and Aromatic Plants in Morocco” (GEF n° 3166), scheduled to end in december 2015, aims to strengthen the capacity of governmental institutions, non-governmental organizations and individuals to contribute to the conservation of biodiversity and fight against poverty by increasing the integration of biodiversity into the value chains of medicinal and aromatic plants (MAP), and improving their access to markets while also ensuring production sustainability. The national strategy planned on MAP and the expected strengthened regulatory framework will thus be supportive of and compatible with the implementation of the Nagoya Protocol under this project.


50. GIZ will be a key partner in the project. Through its programme on "Adaptation to climate change / Implementation of the Nagoya Protocol (ACCN)", the GIZ will provide critial co-financing and mutually reinforcing actions during the project’s three year period. The project's objective is stated as follows : "Morocco’s state institutions have introduced methods and instruments for sustainable and efficient use of ecosystem services while taking climate risks into account". It aims to help strenghten Morocco's public institutions on three areas of action coordinated jointly with the Environment Department and the High Commission for Water, Forests and Combating Desertification (HCWFCD), for integration in relevant national policy strategies and programs:- Safeguarding and ensuring the sustainable use of ecosystem services while taking in account climate

risks;- Expansion of regional information monitoring and advisory system for climate change adaptation and

biodiversity management;- Development of the legal and institutional framework for the access and benefit sharing mechanism.

51. The ACCN programme will conduct activities on thematic issues, in particular on the project's first component, and input best-practices in two pilot regions (Sous Massa Draa and Tadla Azilal) for two selected species by region. Model policies and legislation from its global ABS Capacity Development Initiative. Tests will be conducted on the rules of implementation for transitional ABS contracts and agreements, pending the national regime on ABS. The programme will also contribute to establish a link with the Global ABS Initiative for capacity building.

RISKS AND MITIGATION MEASURES

Table 2. Project Risk Evaluation and Mitigation measures

Risk Rating Risk Mitigation Measures

Government staff turnover may impede project implementation

Low

The project generally aims to reinforce capacities within government agencies involved on ABC issues, and will train several personnel from each competent authority, as well as other related agencies. Communication and networking actions will ensure support within relevant institutions. This will increase the depth of experience and skills available for the project and future ABS work. The advancement of this subject in the region also provides increased opportunity and incentive for staff to remain involved.

Potential difficulties in the adoption of the national ABS regulatory framework by relevant stakeholders

Low

The project will conduct extensive consultation and advocacy campaigns with stakeholders to raise awareness and political will for the adoption of the proposed ABS Law. To ensure rapid approval, mechanisms will be developed to provide information to decision-makers and other stakeholders to alert them on the importance of the Nagoya Protocol. The project will conduct forums or advocacy seminars targeting legislators and other decision-makers to secure their support for the new ABS Law. The project will also involve relevant stakeholders along the consultative process for the national framework.

Target audiences for training, awareness raising and other capacity building activities are not involved with the project's activities

Low

Measures will vary according to the target audience. For government officials, high-level participation requests and the selection of appropriate venues for training are important. Regarding local authorities, measures to generate their interest will be developed, focusing on livelihood opportunities offered by an operational ABS regime.

Once the project delivers a draft Law on ABS, its adoption as well as legislative implementation may be

Moderate The project will ensure the participation of some MPs and representatives from the legal divisions of key departments throughout the elaboration of the draft Law on ABS and its implementing legislation. Regional and national consultation forums will be organized at various stages of the project's cycle, targeting regulators (Parliament members) and legal Government representatives to plead


affected by the length of the review process (different ministerial departments, General Secretariat of Government GSG, etc.).

for their support for the new ABS regulatory framework.

NB: other risks may be identified at the project's launch

NATIONAL AND GLOBAL ENVIRONMENTAL BENEFITS

52. The project will bring global environmental benefits by reinforcing the national contribution to the CBD's three main objectives (especially objective 3 on ABS) and other goals in the Strategic Plan for 2011-2020. Specifically, the project will contribute towards reduced rates of biodiversity loss in Morocco through the following mechanisms: (i) raising awareness among target groups on existing biological resources, their utilization and optional values; (ii) enabling the government and other stakeholders to derive greater economic benefits from genetic resources through the biotechnology industry and other optimization methods, (iii) the provision of new incentives for biodiversity conservation, by ensuring new livelihoods for communities with genetic resources and traditional knowledge, along economic benefits that reduce stress on biodiversity and contribute to regional and global ecosystem services’ sustainability.

53. The project will contribute to achieve a number of Aichi objectives of the CBD's Strategic Plan for 2011-2020, namely: Objective 1, by enhancing awareness among Moroccan citizens on the values of biodiversity and potential measures for its conservation and sustainable use; Objective 12, by preventing the extinction and/or improving the conservation status of (economically valuable) threatened species, Objective 13, by safeguarding the diversity of socio-economically valued genetic species and cultivated plants (where they represent a source of endemic genetic materials), Objective 16, on the national adoption and implementation of the Nagoya Protocol, included in the Moroccan NBSAP, Objective 18, by enhancing the involvement of local communities in the conservation and sustainable utilization of bioveristy, and improving respect for their traditional knowledge, innovations and practices, and Objective 20, by adding an (or various) untapped financing mechanism to the portfolio of resource mobilization for biodiversity in Morocco.

INNOVATION, SUSTAINABILITY AND POTENTIAL FOR SCALING UP

54. The project is innovative in the national context, as ABS is an emerging and highly complex field. The project will allow different stakeholders – from the private sector, local communities, and research institutions – to take full advantage of Morocco’s rich biological resources in conformity with national sustainable development priorities. Also, no ABS agreements has yet been completed. Setting up the full ABS implementation framework should facilitate the negotiation and development of ABS contracts that fully comply with the requirements of the CBD for PIC, MAT and benefit sharing with ILCs and other stakeholders, providing the first steps towards more collaborative governance of natural resources and new revenue generation for biodiversity management. The project's outcomes will be scaled up through the dissemination of its results, lessons learned and experiences, including a demonstration of best practices in the development of ABS agreements and PIC processes. This will be achieved by making project information available in a timely manner through various mechanisms including the CHM.


PART 3: Management arrangements

55. The project will be implemented over a three-year period by the Environment Department of the Ministry of Energy, Mines, Water and Environment (hereafter referred to as the National executing agency). Implementation will be carried out following UNDP and UNDP-GEF guidelines for NIM projects and UNDP's programmatic approach on human rights, gender, environment, results-based management, communication for development and south-south cooperation.

56. As the national executing agency, the Environment Department will sign this project document alongside the UNDP. He shall be accountable to UNDP for funds’ disbursement and for achieving the project's objectives, in accordance with yearly work-plans. It is national executing agency’ responsibility to ensure: 1) the coordination of activities to achieve the project's expected objectives; 2) certification of expenditures in accordance with UNDP-NIM guidelines and approved work plans; 3) facilitation, monitoring and reporting on the implementation of activities and realization of outputs; 4) coordination of actions financed by the UNDP / GEF and other relevant parallel activities in search of additional and complementary synergies; 5) validation of the terms of references for consultants and tender documents for subcontracting, and 6) reporting to UNDP regarding the project's results and impacts.

57. The Environment Department will appoint a senior official as the National Project Director (NPD). He shall be responsible for the State's oversight and provide guidance on the project's implementation.

58. Monitoring of the project's activities is the responsibility of the Project Steering Committee (PSC) - whose annual meeting are chaired by a senior MdE official other than the NPD – which is set up at the project's launch to serve as the project's decision-making body. The PSC provides the project with strategic guidance and supervises its execution according to the annual work plan. The PSC fulfills three roles: executive (Environment Department), senior officials (representatives from the Ministry of Foreign Affairs and Cooperation, and UNDP), providing guidance on the project's overall and technical feasibility, senior beneficiaries (HCWFCD and MAMF representatives, and other relevant entities). The PSC meets at least once a year, and the project management unit will act as secretariat. The PSC is responsible for taking decisions on the project's management, including prior approval of work and budget plans, projects revisions, and key deliverables, which must receive final UNDP approval through the UNDP-GEF regional coordinating Unit. The PSC also provides guidelines on the project's technical feasibility and must: (i) coordinate with various government agencies; (ii) lead the program's implementation process and synchronization with national and local planning processes, as well as with ABS policies, plans and strategies; (iii) ensure that activities are fully integrated in other development initiatives on ABS at the national, regional and local levels; (iv) monitor work done by executing units, follow-up progress and endorse reports; (v) monitor financial management and delivery of financial reports; (iv) oversee the effectiveness of the project's execution.

59. The PSC is fundamental for monitoring and evaluating the project, by ensuring the quality of processess and outputs, and by conducting evaluations to improve performance, accountability and learning. The Steering Commitee ensures that required resources are committed and arbitrates any conflicts within the project. It is also responsible for negotiations and finding solutions to any problems that might occur with external agencies. Based upon the approved work plan, the Steering Commitee may consider and approve discrepancies with initial plans. To ensure UNDP's ultimate accountability for the project's results, the PSC’s decisions will be made in accordance with result-based management standards, best value for money, equity, fairness, integrity, transparency and effective international competition.


Quality assuranceUNDP + UNDP

GEF

Project governance structure

Steering Committee

BeneficiariesMdE - MEMEE

ProvidersUNDP - MAEC

UNDAF Outcome 5 - Environment

UN Development Assistance Framework

(UNDAF) Steering Committee

National Project Coordinator

Rabat Ra

Agadir Support services 1 administrative and financial assistant + 1 monitoring and

evaluation specialist

National executing partnersMdE-MAMF- HCWFCD - GIZ

60. The duties of the GEF executing Agency will be fulfilled by UNDP and facilitated by independent external assessments, technical and strategic support, and quality monitoring. This will guarantee that management requirements and project milestones are in line with the project's objectives. UNDP will ensure day-to-day operational management through its Rabat office, and the UNDP/GEF Regional Technical Advisor will act as program manager to provide strategic direction and control.

61. The project's success must be independent from its management; the Steering Committee and UNDP may therefore entrust the Project Management Unit with their respective duties.

62. The project's central management is placed under the responsibility of the National Project Director (NPD). Its first duty is to ensure delivery of expected outcomes mentioned in the project document, according to quality standards and taking into account time and budget constraints. The NPD leads and manages vital strategic issues for the project's success. His responsibilities include progress reporting to be appraised by the members of the Steering Committee.


National Project Director

63. The NPD will coordinate directly with UNDP and a monthly meeting will be held for regular monitoring of planned activities and related budgets comprised in the project's annual work plan. The NPD can manage the project on behalf of the Steering Committee and is responsible for decision-making and daily project management. The NPD: (i) ensures the overall project management and monitoring according to UNDP rules on managing UNDP/GEF projects; (ii) facilitates communication and networking among PMU and implementation units in the five national parks; (iii) organizes SC meetings.

64. A project management Unit (PMU), based in Rabat under the NPD’s general direction, will undertake day-to-day project management. A national project coordinator, recruited according to UNDP rules, will head the PMU with support from an administrative assistant and a team of external consultants. The PMU will manage the implementation of all project activities, including: (i) preparation/updates of work plans and budget forecasts, related record-keeping and project accounting, and the production of quarterly and annual progress reports; (ii) drafting of terms of reference, technical specifications and other documents; (iii) identification, pre-screening of consultants to be approved by the SC, coordination and supervision of consultants/sub-contractors/suppliers; (iv) organization of duty travel, seminars, public outreach activities and other project events; (v) working contacts with project partners at the central, regional and local levels.

65. The PMU is accountable to the MdE, the Steering Committee and UNDP for the quality, timeliness and effectiveness of the activities carried out as well as the proper use of funds. The PMU produces annual work plans and budgets that the SC and UNDP will approve. The plan will serve as a the basis for resource allocation for planned activities. The PMU also produces quarterly operational project review/project implementation (APR/PIR) to submit to the SP and UNDP. These reports summarize the project's progress towards expected outputs, explaining any discrepancy, detailing necessary adjustments and thus constituting the main reporting tool of the project's activities. The PMU is technicaly supported by contracted national and international service providers. The PMU contracts specialized services in consultation with UNDP and MAMF.

66. Audit. An approved auditor will produce an annual audit of the project in accordance with UNDP rules and

regulations.

PART 4: Monitoring, evaluation and communication

MONITORING AND EVALUATION

67. Project monitoring and evaluation will be conducted in accordance with established UNDP and GEF procedures and will be provided by the project team and UNDP Country Office (UNDP-CO) with support from the team of the UNDP/GEF Regional Technical Advisor. The strategic results Framework provides performance and impact indicators for the project’s execution along with their corresponding means of verification. The current GEF tracking tool for integrated biodiversity projects will serve as the standard monitoring instrument. The M&E plan includes: an initial report, quarterly and annual reviews, and an independent final evaluation. The following sections outline the main components of the Monitoring and Evaluation Plan and indicative cost estimates related to M&E activities. The project's M&E Plan will be presented and finalized at the Project's Inception Report following a collective fine-tuning of indicators, means of verification, and the full definition of project staff M&E responsibilities.

Key M&E activities


68. A Project Inception Workshop (IW) will be conducted within the first two months following signature of the project document with parties that have been assigned a role in the project's organizational structure, the UNDP-CO and, where appropriate, a regional technical advisor or representative from the UNDP-GEF regional unit, as well as other stakeholders. The inception workshop is essential to take ownership of the project's outcomes and prepare the project's first annual work plan. The inception workshop should address a number of important issues:- Introduce project staff to the UNDP-GEF team which will support the project during its implementation,

namely the CO and responsible UNDP-GEF Regional Coordinating Unit staff based in Istanbul;- Assist all partners in fully understanding and taking ownership of the project. Detailing the roles,

supporting services and complementary responsibilities of UNDP-CO and UNDP/GEF-RCU staff towards the NPD, Steering Committee and PMU. Discuss roles, functions and responsibilities within the project's decision-making structures, including reporting and communication lines, and conflict resolution mechanisms;

- The Terms of Reference for project staff and decision-making structures will be discussed, if necessary, in order to clarify the responsibilities of each party during the project's execution phase;

- Review and approval/revision of the results framework (precise and measurable performance indicators, baselines, targets, means of verifications, risks and assumptions), provide additional details if necessary, and upon this exercise finalize the first annual work plan (AWP) in a way that is appropriate with the project's expected outcomes;

- Provide a detailed overview of UNDP-GEF reporting and monitoring and evaluation (M&E) requirements. The monitoring and evaluation plan must be planned and followed through;

- Financial resources as well as the monitoring and evaluation plan must be agreed and programmed;- Inform the project team on UNDP’s project related budgetary planning, budget reviews, and mandatory

budget restructuring;- Discuss procedures regarding financial reporting and the annual audit;- Plan and establish a calendar for the Steering Committee’s meetings. The roles and responsibilities of all

project structures should be clarified and meetings scheduled. The first Steering Committee meeting shall be held within 12 months following the inception workshop.

69. A Project Inception Report (IR) will be prepared immediately following the Inception Workshop. It will include a detailed first year annual work plan divided in quarterly time-frames detailing the activities and progress indicators that will guide implementation during the first year of the project. This work plan should include a calendar of specific field visits, support missions from the UNDP-CO or the Regional Coordinating Unit (RCU) or consultants, as well as time-frames for the meetings of the project's decision making structures. The report will also include the detailed project budget for the first full year of implementation, prepared on the basis of the annual work plan, and including any monitoring and evaluation requirements to effectively measure project performance during the targeted 12 months time-frame. The inception report will include a more detailed account of the institutional roles, responsibilities, coordinating actions and feedback mechanisms of project related partners. In addition, a section will be included in terms of progress regarding the establishment and start-up activities and an update of any changed external conditions that may effect the projects execution. After finalization, the report will be circulated to project partners who will be given a one-month period to respond with comments or queries. Prior to the IR’s circulation, the UNDP Country Office and UNDP-GEF's regional coordinating unit will review the document.

70. Quarterly progress report. The national coordinator is responsible for daily monitoring of the project's implementation on the basis of the annual work plan (AWP) indicators. The project team will inform UNDP of any delays or difficulties encountered during implementation so that appropriate support or correctives measures may be provided in a timely manner. Project progress will be monitored through the UNDP Enhanced Results Based Management (ERBM) Platform. Based on the initial risk analysis submitted, a risk log will be regularly updated in ATLAS. Risks become critical when their impact and probability are high. Note that for UNDP GEF projects, all financial risks associated with financial instruments such as revolving


funds, microfinance schemes, or capitalization of ESCOs are automatically categorized as critical on the basis of their innovative nature (their high and uncertainty combined with the lack of previous experience justifies their categorization as critical). Based on the information recorded in Atlas, quarterly progress reports can be generated in the Executive Snapshot platform. Other ATLAS logs can be used to monitor issues, lessons learned etc. The use of these functions is a key indicator for the UNDP Executive Balanced Scorecard.

71. Periodic Monitoring through site visits: UNDP CO and UNDP-GEF RCU will conduct visits to project sites to assess with first hand project progress. Other members of the Steering Committee may also join these visits. A field visit Report/BTOR will be prepared by the SC and UNDP RCU and will be circulated among the project team no less than one month after the visit of the Steering Committee.

72. Annual Project Review/Project Implementation Reports (APR/PIR): This key report is prepared to monitor progress made since the project’s outset and especially for the previous reporting period (1st July to June 30). The APR/PIR combines both UNDP and GEF in terms of reporting requirements and will be submitted to the GEF once finalized. The APR/PIR includes reporting on:- Cumulative progress made towards project objective and project outcomes - each with indicators,

baseline data and end-of- project targets- Project outputs delivered per project outcome- Payments and expenditure reports- Risk and phased management- Portfolio level indicators (such as tracking tools for the GEF's focal point) are used by most focal areas on

an annual basis as well

73. During the project’s last three months, the project team will prepare the Final Project Report. This comprehensive report will summarize the achieved results (objectives, outcomes, outputs), lessons learned, problems encountered and areas where results may not have met expectations. It will also present recommendations for any further steps that may need to be taken in order to ensure sustainability and replicability of the project's results.

74. Independent final evaluation: Given the project's duration (3 years), there will be only one independent final evaluation. It shall be held six months before the project’s closure, in accordance with UNDP-GEF guidelines. The final evaluation will focus on the delivery of the project's results as initially planned (and as corrected after the mid-term evaluation, if any such correction took place). It will look at project outcomes and their sustainability, including the contribution to capacity development and the achievement of global environmental benefits/goals. The Terms of Reference for the final evaluation will be prepared by the UNDP CO based on guidance and approval from the UNDP/GEF RCU. The final evaluation should also provide recommendations for follow-up activities and requires a management response. The final evaluation and response will be uploaded in the UNDP-GEF systems. Relevant monitoring tools (including the ABS Capacity Scorecard) of the GEF focal point will also be completed during the final evaluation.

75. The project’s results will be disseminated within and beyond the project’s intervention zone through existing information sharing networks and forums. The project will identify and participate, when relevant and appropriate, in scientific, policy-based, and/or any other networks, which may contribute to the project’s execution. The project will identify, analyze, and share lessons learned that might be beneficial for designing and implementing future similar projects. Finally, there will be a two-way flow of information between this project and other projects with a similar focus.

76. The Government will provide UNDP’s Resident Representative with certified periodic financial statements and an annual audit of financial statements on the status of UNDP (including GEF) funds in accordance to established procedures set out in Programming and Finance manuals. The audit will be conducted according


to UNDP’s financial regulations, rules, and audit policies by the legally recognized auditor of the GoM, or by a commercial auditor recruited by the GoM.

Indicative M&E work plan and corresponding budget

M&E planned activities Person in charge

Tentative budget in US$

Not counting project staff time

Planning

Inception workshop and report

Project coordinator UNDP CO, UNDP GEF Unit

S10,000 2 months after Project approval and signature

Tracking and means of verification of projects results

Under the lead of project coordinator, UNDP CO and UNDP-GEF, it could be delegated to other project staff members

To be fine-tuned during the initial phase of the project.

At the inception stage, annually and mid-term if needed and end of project during evaluation

Measuring means of verification of progress at output level and implementation

This is done by the project team supervised by the project coordinator

To be determined when drafting project annual work plans

This is done on an annual basis prior to annual work plan and APR/PIR exercise

APR/PIR Project coordinator UNDP CO UNDP-GEF

None Annually

Steering committee Project coordinator UNDP CO Partners

None First trimester of each year

Periodic reports tracking project progress

Project coordinator None Quarterly

Reviews Project coordinator UNDP CO Partners

None A mid term review in June and an annual one in November each year

Terminal Evaluation

Project coordinator UNDP CO UNDP-GEF Consultants

$40,000 At least 3 months before project operational closure

End of project report

Project coordinator UNDP CO Consultant

$ 0 At least 3 months before project operational closure

Audit Project coordinator UNDP CO

$3,000 /year = $9,000 total

Annually

Field visits Project coordinator UNDP CO Partners

UNDP staff missions for GEF projects are funded from UNDP co-finance

Annually

HACT activities UNDP CO (multi-tasks team operations/finances/ program)

Annually

Indicative total cost (without counting project staff time and UNDP staff time and missions

$59,000


COMMUNICATIONS AND TRANSPARENCY REQUIREMENTS

77. Full compliance is required with the GEF's Communication and Visibility Guidelines (www.thegef.org/gef/sites/thegef.org/files/documents/C.40.08_Branding_the_GEF%20final_0.pdf the "GEF Guidelines"). Amongst other things, the GEF Guidelines explain when and how the GEF logo needs to be used in project publications, vehicles, supplies and other project equipment. The GEF Guidelines also describe other GEF promotional requirements regarding press releases, press conferences, press visits, visits by Government officials, productions and other promotional items.

78. Full compliance is also required with UNDP's Branding Guidelines (http://intra.undp.org/coa/branding.shtml)

and specific guidelines on UNDP logo use (http://intra.undp.org/branding/useOfLogo.html). Amongst other things, these guidelines describe when and how the UNDP logo needs to be used, as well as how the logos of donors to UNDP projects need to be used. In order to clarify any doubts, the UNDP logo needs to be used alongside the GEF logo. The GEF logo can be accessed at www.thegef.org/gef/GEF_logo and the UNDP logo at http://intra.undp.org/coa/branding.shtml.

79. Rules and guidelines regarding the GIZ trademark should also be applied. The GIZ is a project partner that provides support through co-financing.

PART 5: Legal context

80. The present document together with the Joint Action Plan signed by the Government and the United Nations System in Morocco constitute the Project Document as defined in the Standard Basic Assistance Agreement (SBAA). All the provisions of the Joint Action Plan apply to this document.

81. In accordance with Article III of the Standard Basic Assistance Agreement, the responsibility for the safety

and security of the implementing partner and its personnel and property, and of UNDP's property in the implementing partner's custody, rests with the implementing partner.

82. The implementing partner (the national executing agency) shall:- Put in place an appropriate security plan and maintain the security plan, taking into account the security

situation in the country where the project is being carried out;- Bear all risks and liabilities related to the implementing partner's security, and the full implementation of

the security plan.

83. The UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed a breach of this agreement.

84. The implementing partner agrees to undertake all reasonable efforts to ensure that none of the UNDP funds received pursuant to the Project Document are used to provide support to individuals or entities associated with terrorism and that the recipients of any amounts provided by UNDP hereunder do not appear on the list kept by the Security Council Committee established pursuant to resolution 1267 (1999). The list can be accessed via http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This provision must be included in all sub-contracts or sub-agreements entered into under this Project Document.


http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm

http://intra.undp.org/coa/branding.shtml

http://www.thegef.org/gef/GEF_logo

http://intra.undp.org/branding/useOfLogo.html

http://intra.undp.org/coa/branding.shtml

http://www.thegef.org/gef/sites/thegef.org/files/documents/C.40.08_Branding_the_GEF%20final_0.pdf

SECTION II: STRATEGIC RESULTS FRAMEWORK (SRF)

PART 1: Strategic Results Framework (SRF)

Objective / Outcomes / Components Indicator Baseline End of Project Target Sources of

information Assumptions

OBJECTIVE - To strengthen the conservation and sustainable use of genetic resources and associated traditional knowledge in Morocco by developing and implementing a national framework on Access and Benefit Sharing (ABS) consistent with the CBD and its Nagoya Protocol

Number of new ABS value chains on record with government authorities and academia

None with government, to be defined for academia

5 new ABS value chains on record with government authorities or academia

Government ABS records, new national and international research papers on ABS; national reports on implementation of the Nagoya Protocol

There exist a climate of mutual trust between users and providers of genetic resources which is conducive to the establishment of effective value chains

There exist sustained political will and economic interests on the part of providers and users of genetic resources

Number of valid expressions of interest by 1) users an d 2) providers (communities, associations, businesses) of genetic resources to develop ABS agreements in Morocco

Low to moderate level of interest and no expressions of interest on record

3-5 expressions of interest to develop specific ABS agreements have been deposited with national ABS authorities, by users and/or , providers of genetic resources

Government ABS records, records of universities and research centres, information submitted to the national ABS CHM; national reports on implementation of the Nagoya Protocol

Sufficient economic interest by users in relation to the country’s genetic resources and their associated potential for eventually developing ABS agreements and value chains; sufficient interest by providers of TK and GR to grow and/or collect or otherwise provide materials with GR and related TK

Mechanisms for sharing monetary and non monetary advantages generated through ABS agreements and mechanisms for 1) biodiversity conservation and sustainable use, 2) local communities

None Formal benefit sharing structures (national/ local trust funds, community funds, mechanisms for the sharing of results of research, training and infrastructure/ equipment) are reflected in the ABS national framework and have been set up

Government ABS records, records of universities and research centres, information submitted to the national ABS CHM; national reports on implementation of the Nagoya Protocol

There is sufficient political will and sustained interest and ability of potential users and providers to enter into agreements that can in turn generate monetary or/ and non-monetary benefits.

UNDP IIRF Sub-indicator 1.3.1.A.1.1: Number of new partnership mechanisms with funding for sustainable management solutions of natural

No ABS-related mechanism in place

Government records information submitted to the national ABS CHM; project reports; national reports on




resources, ecosystem services, chemicals and waste at national and/or sub-national level

implementation of the Nagoya Protocol

UNDP IRRF Sub-indicator 2.5.1.A.1.1: Extent to which legal frameworks are in place for conservation, sustainable use, and/or access and benefit sharing of natural resources, biodiversity and ecosystems

No national legal framework for ABS in place

Comprehensive national legal framework for ABS adopted and operational

Draft Law and application decrees; Proposed Law submitted to the General Secretariat of the Government (GSG); Law published in the Official Bulletin

UNDP IRRF Sub-indicator 2.5.1.C.1.1: Extent to which institutional frameworks are in place for conservation, sustainable use, and/or access and benefit sharing of natural resources, biodiversity and ecosystems

Incomplete institutional framework for ABS in place ‘ a provisional ABS authority and ABS focal point exist, but not fully capacitated and mandated

Fully capacitated and mandated institutional framework for ABS in place

Government records / official bulletins; information submitted to the national ABS CHM; project reports; national reports on implementation of the Nagoya Protocol

COMPONENT (OUTCOME) 1:

Developing a national framework on ABS consistent with the CBD and its Nagoya Protocol

OUTPUTS under COMPONENT 1:Output 1.1: A national law on ABS prepared and submitted for adoption to the Moroccan Parliament that addresses intellectual property rights (IPR), is in line with the CBD, the Nagoya Protocol (NP) and related international instruments, and is adapted to national circumstances following stakeholder consultation and participation.Output 1.2: A regulatory framework and supporting policies as well as an institutional framework (including national competent authorities and supporting measures) defined and established, enabling implementation of the national ABS law, providing legal certainty, clarity and transparency for commercial and research purposes.Output 1.3: A strategy and system for the identification, recording, inventorying and protection of TK, including PIC, MAT and Community Protocols.Output 1.4: Effective mechanisms (e.g. through endowment, sinking or revolving funds) for receiving and sharing benefits from ABS agreements for the conservation of biodiversity and the sustainable use of its components.Existence of a comprehensive national law on ABS to meet the obligations set out in the Nagoya Protocol

None (no ABS law in place)

Outcome 1.1: Comprehensive national law(s) on ABS in line with the Nagoya Protocol adopted by Morocco

Draft Law and application decrees; Proposed Law submitted to the General Secretariat of the Government (GSG); Law published in the Official Bulletin

The GoM stands ready to enhance its commitment for the implementation of the NP

Existence and approval of appropriate regulations and application instruments for

No ABS regulations or application instruments in place

Outcome 1.2a: Appropriate regulations and application instruments to implement the

Government records / official bulletins; information submitted

There is sufficient political will and institutional/ regulatory capacity to adopt an effective




ABS/NP national ABS laws are adopted and in place

to the national ABS CHM

regulatory framework

Existence of institutional framework and competent national ABS authority (and related relevant institutions and agencies), with clear definition of mandates, roles and responsibilities.

While some relevant institutions are in place, there is no fully capacitated competent national ABS authority as required by the Nagoya Protocol

Outcome 1.2b: Institutional framework and ABS national authority established and operational, to facilitate the implementation of the national ABS law and regulations

Government records / official bulletins; information submitted to the national ABS CHM; project reports; national reports on implementation of the Nagoya Protocol

There is sufficient political will to have institutional arrangements and structures to effectively implement the NP

Existence of effective benefit sharing mechanism and model ABS agreement

No such mechanism Outcome 1.3: An effective benefit sharing mechanism established and ABS model agreement developed

Government records information submitted to the national ABS CHM; project reports; national reports on implementation of the Nagoya Protocol

Existence of mechanisms for the identification, recording and documenting of traditional knowledge relating to genetic and biological resources

TK relating to genetic and biological resources is not inventoried and documented

Outcome 1.4a: A national inventory / database on traditional knowledge relating to genetic and biological resources is established and includes at least 300 entries

Government records; information submitted to the national ABS CHM; project reports; national reports on implementation of the Nagoya Protocol

There is sufficient political will on the part of the government to encourage the development of community protocols

Will and capacity of indigenous and local communities to provide information on their traditional knowledge so as to allow for its inventory/ assessment, and to put in place adequate community level procedures and protocols

Existence of mechanisms for the protection of traditional knowledge relating to genetic and biological resources

TK relating to genetic and biological resources is not protected

Outcome 1.4b: A system for protecting confidential and non-confidential Traditional Knowledge (TK) is established


Political willingness and feasibility

COMPONENT (OUTCOME) 2:

Building capacity for

OUTPUTS under COMPONENT 2:Output 2.1: Coordination mechanisms established between the different in-country institutions involved in the implementation of the national ABS framework.Output 2.2a: Training materials developed on the national ABS framework and related regulationsOutput 2.2b: Targeted trainings for Competent Authorities (CA), Focal Points (FP) and related agencies (100 staff) on processing ABS access applications,




implementing the national ABS framework

negotiating ABS agreements, facilitating access to genetic resources, compliance monitoring, monitoring bio-prospecting projects, handling issues under the Nagoya Protocol, etc.Output 2.2c: Consultation and training workshops for at least 200 representatives from amongst other key stakeholder groups – academia, private sector, and potential GR-provider communities or their representativesOutput 2.3: Development of templates, guidance manuals and training programs on the national ABS framework (ABS procedures for users and providers of genetic resources, PIC protocols, ABS agreement negotiation strategies, ABS-related IP, customary law, bio-prospecting and research procedures, etc.); and dissemination to relevant governmental and non-governmental organizations, research institutions and local communities including through dedicated trainings.Output 2.4: ABS model agreement that facilitates the negotiation of monetary (i.e. upfront payments and royalties) and non- monetary (i.e. training/research opportunities) benefits between users and providers of genetic resources.Output 2.5: Public awareness materials and campaigns aimed at key stakeholder groups regarding the national ABS and TK framework.Output 2.6: Assessment of knowledge, skills and practices (KAP) targeting specific stakeholder groupsUNDP Capacity Development Scorecard to show understanding in relevant agencies and by other stakeholders about the provisions and core obligations under the Nagoya Protocol and about its implementation

UNDP Capacity Development Scorecard baseline:26

Outcome 2.1. Capacity of existing and/or newly established agencies competent and otherwise relevant for ABS implementation improved by at least 30%, as measured by UNDP’s ABS Capacity Development Scorecard.

Project reports; UNDP Capacity Development Scorecard

Stakeholders have a sustained interest in ABS and in advancing the implementation of the Nagoya Protocol.

Improved understanding and capacity in relation to ABS will lead to adoption of actions to support the effective implementation of the Nagoya Protocol in Morocco

Assessment of knowledge, skills and practices (KAP) targeting specific stakeholder groups who might use or benefit from ABS transactions (researchers, local authorities and other industry stakeholders, representatives of local communities)

None Outcome 2.2 At least 50% of researchers, local communities, and relevant industry players targeted by the campaign are aware of and understand the national ABS law and regulations as well as the CBD and NP provisions related to ABS and TK (KAP evaluation).

CAP/CPA Stakeholders are willing to complete the CAP/CPA

Existence and quality of national depositories/ databases on: potential and actual ABS agreements and value chains; potential users and providers of genetic resources; ex-situ collections of genetic and biochemical resources

No such national depositories/ databases

Outcome 2.3: National depositories/ databases established and regularly updated: for potential and actual ABS agreements and value chains; potential users and providers of genetic resources; and ex-situ collections of genetic and biochemical resources


Resources and capacity are deployed as planned


85. The risks associated to the above framework are indicated in PART II: Strategy.


PART 2: Incremental Cost Analysis

86. Baseline trends: Morocco is known for its rich genetic diversity, both terrestrial and marine. However, options to value this diversity have yet to be explored, while others already identified, remain unexploited. Agricultural heritage varieties and genetic resources have a potential that is currently underestimated. The country does not at present have any overall framework that governs the sustainable use, conservation and sharing of benefits arising specifically from the use of biodiversity. Various policies have been developed to regulate sectors related to biodiversity, but the lack of a national framework for ABS has left untapped a wide range of opportunities such as the sharing of benefits.

87. The Government of Morocco is currently revising its National Biodiversity Strategy and Action Plan (NBSAP) to further comply with the objectives defined at the global level. One of the main operational objectives of the new NBSAP is the adoption of the legislative and institutional framework for the implementation of the Nagoya Protocol for equitable distribution of benefits arising from the utilization of genetic resources between the different components of the society. The ratification process of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their use by the Kingdom of Morocco is nearing completion. The Protocol was signed in December 2012 and a Law for the approval of the Protocol was enacted in June 2013. Also, in recent years, the Government’s efforts have led to the identification of stakeholders concerned by ABS and of the capacities needed to implement it. The legislative and institutional framework for its implementation have yet to be developed to fully implement the provisions of the CBD and the Nagoya Protocol.

88. Without GEF investment in the proposed project, Morocco would still work towards the implementation of its obligation under the CBD and the Nagoya Protocol but the degree of success to achieving the ABS objectives of the CBD would be limited by the lack of a comprehensive legal and regulatory framework, and also by the limited capacity, lack of knowledge and lack of awareness among stakeholders at all levels. The Government will have a strategy for the ABS and will have identified the institutional framework for its implementation. A pilot program on value chains following the ABS principles will have been developed. However, the use of natural resources will still be governed by a non-coherent set of texts, some outdated, and not consistent with the new decentralization framework of the country.

89. Without the GEF project, the legal and regulatory framework will remain incomplete and ineffective to govern the ABS in accordance with the protocol of Nagoya, the roles and responsibilities of stakeholders will not be clearly defined and coordinated, procedures for the ABS will not be clarified for investors and users, and incomplete identification of traditional knowledge associated with genetic resources will not allow their valuation. Therefore, the Government of Morocco and other national actors, namely local communities, may not get a fair share of the benefits from bio-prospecting, although their land and traditional knowledge may be utilized. A lack of incentives for the conservation and sustainable use of natural resources will exacerbate the loss of biodiversity and associated ecosystem services at local level, and preclude future bio-discovery options.

90. Limited capacity has been identified as a key constraint for the introduction of a national ABS regime across a wide range of stakeholders and at all levels. Lack of institutional, legal and regulatory, scientific and technical capacity and lack of awareness for concerned stakeholders will prevent enforcing and monitoring the implementation of ABS. Bio-prospecting and use of traditional knowledge resources will continue to be weakly regulated, therefore local communities across the country will be at risk of losing out on the benefits associated with bio-prospecting. Stakeholders will


not get any training on ABS issues and on the negotiation of ABS contracts. Lack of adequate knowledge on genetic resources will prevent the development of an ABS innovative model contributing to biodiversity conservation and sustainable use on solid foundations. The absence of a national financial mechanism to receive monetary benefits from ABS agreements and to reinvest these weakens national potential for the sustainable financing of biodiversity conservation.

91. Global Environmental Objective: The project intervention will achieve incremental global environmental benefits by directly addressing the GEF 5 BD4 Focal Area objective – Build capacity on access to genetic resources and benefit sharing, by contributing directly towards Outcome 4.1 Legal and regulatory frameworks, and administrative procedures established that enable access to genetic resources and benefit sharing in accordance with the CBD provisions and its Output 4.1: Access and benefit-sharing agreements that recognize the core ABS principles of Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) including the fair and equitable sharing of benefits. The project will establish the national legal and regulatory framework for ABS, and build capacity for its implementation through a range of training, awareness and supportive information management and guidance outputs.

92. The project will achieve global environmental benefits through enhanced national contribution towards the achievement of the three objectives of the CBD (especially Objective 3 on ABS) and of the goals of its Strategic Plan. Specifically, the project will contribute towards reduced rates of biodiversity loss in Morocco by Increasing awareness of the existence, use and option values of biological resources among key

audiences; Strengthening national capacities to enable greater economic benefits to the government and other

stakeholders from genetic resources through the biotechnology industry, thereby providing incentives for biodiversity conservation;

Providing communities that are holders of genetic resources and associated traditional knowledge with livelihood options that result in economic benefits, thereby reducing pressures on biodiversity and contributing to the sustainable use of regional and global ecosystems.

93. Alternative scenario enabled by the GEF: The project complements baseline programmes and projects by supporting the development of the national ABS framework, addressing this at the country level and putting in place supporting capacity to enable effective implementation. A system of access and benefit sharing (ABS) related to the use of genetic resources will promote the potential offered by Morocco's genetic resources and associated traditional knowledge and generate economic and non-economic benefits for the country and key stakeholders, including local communities, in the form of markets, employment, technology transfer and capacity building. The regulatory framework will i) ensure that all bioprospecting initiatives are in accordance with the provisions on PIC and MAT between providers and users of genetic resources, ii) promote the recognition, protection and equitable valuing of traditional knowledge associated with genetic resources, iii) promote the development of biological and genetic resources of the country, which will encourage their conservation and sustainable use, and help ensure that local communities, who are the custodians of these resources and related knowledge derive profits through means of additional or alternative livelihoods.

94. This framework will strengthen the objectives and biodiversity conservation measures by enabling the creation of new capital flows and additional resources for sustainable use for the benefit of local users of this diversity. These new opportunities will enhance the economic rationale and political motivation as well as the necessary funding for the conservation and sustainable use of biological diversity containing genetic material. The establishment of a comprehensive national framework for


ABS also will ensure respect for the sovereign right of Morocco to regulate access to genetic resources and associated traditional knowledge.

95. Summary of Costs: The Baseline associated with this project is estimated at US$1,400,000. The GEF Alternative has been costed at US$ 2,062,785, of which US$ 812,785 are requested from GEF. The GEF funds will be complemented with US$ 1,250,000 of cofinancing for the Alternative strategy, 1,200,000 of which stem from the baseline. Costs have been estimated for three years, the duration of the planned project Alternative. These costs are summarized below in the incremental costs matrix.

Table 5. Incremental Cost Matrix

Cost/ Benefit Baseline Alternative IncrementBENEFITSGlobal benefits

Under the baseline scenario, the use of natural resources will be governed by a non-coherent set of texts that are not consistent with the new decentralization framework of the country. The legal and regulatory framework does not require PIC, MAT, or ABS agreements involving equitable sharing of benefits and will remain ineffective to govern the ABS in accordance with the protocol of Nagoya. There is inadequate awareness and institutional capacity to implement a national ABS regime.Lack of value attached to biodiversity is leading to its rapid degradation which precludes future use options for genetic resource conservation.

The project aims to establish national legislative, regulatory and institutional frameworks to support ABS and to develop the capacities of stakeholders involved in order to activate the potential of Morocco's genetic resources and associated traditional knowledge.This solution will enable the development of a national bio-prospecting industry, equitable participation in international bio-prospecting programs and attracting investments in Morocco by international bio-prospecting companies to catalyze discovery and development of new products including pharmaceutical, nutraceutical or agrochemicals.These new opportunities will enhance the economic rationale and political motivation as well as the necessary funding for the conservation and sustainable use of biological diversity containing genetic material.Strategic awareness raising and capacity building will be conducted for target groups and a financial mechanism will be established to receive proceeds from ABS agreements for re-investment in biodiversity conservation.

The GEF funding will contribute in an incremental manner to removing the barriers to establishing national legislative, regulatory and institutional frameworks to support ABS.The introduction of an effective national ABS regime and increased awareness of the existence, use and option values of biological resources among key audiences will contribute towards biodiversity conservation and encourage sustainable use of globally significant genetic resources. This will contribute towards the maintenance of global ecosystem services, including avoided GHG emissions resulting from forest conversion.

National and local benefits

Bio-prospecting and use of traditional knowledge resources will continue to be weakly regulated and local communities across the country will be at risk of losing out on national benefits associated with bio-prospecting, and biopiracy – related losses.Inadequately regulated bio-prospecting may not take account of the PIC, rights and needs of ILCs and other stakeholders, or include

The solutions implemented by the project will establish a legislative, regulatory and institutional framework for ABS that will enable the generation of economic and non-economic benefits for the country and key stakeholders, including local communities, in the form of markets, employment, technology transfer and capacity building.The project will enable regulation of bio-prospecting activities through the

Increased awareness about the potential economic and non-economic benefits from genetic resources and an enabling framework for ABS provide incentives to the government, local communities that are holders of genetic resources and associated traditional knowledge, and other relevant stakeholders for conservation


Cost/ Benefit Baseline Alternative Incrementany requirement for the equitable sharing of benefits or the capacity to subsequently monitor compliance with any such benefit sharing agreement. Loss of traditional knowledge and absence of incentives for conservation and sustainable use of biodiversity as a source of genetic material will result in its continued loss and degradation.

establishment of the national ABS framework, provision of training to stakeholders, and develop supporting information management.

and sustainable use of biodiversity.

COSTSOutcome 1: Developing a national framework on ABS consistent with the CBD and its Nagoya Protocol

Baseline:$700,000

Alternative:$979,643

GEF: $279,642COF: $663,636SUBTOTAL $943,278

Outcome 2: Building capacity for implementing the national ABS framework

Baseline:$700,000

Alternative:$1,159,253

GEF $459,253COF: $421,364SUBTOTAL $880,617

Project Management

N/A Alternative:$238,890

GEF $73,890COF: $165,000SUBTOTAL $238,890

TOTAL COSTS

Baseline:$1,400,000

incl. $1,200,000 project co-finance

Alternative: $2,262,785

GEF $812,785COF: $1,250,000TOTAL $2,062,785


SECTION III: Total Budget and Work-plan

PART 1: Total Budget and GEF Work-plan

Award ID: 00086609Project ID(s): 00093847

Award Title: APA NagoyaBusiness Unit: MAR10

Project Title:Development of a national framework on Access and Benefit-sharing from genetic resources and traditional knowledge as a strategy to contribute to the conservation and sustainable use of biodiversity in Morocco

PIMS no. 4953Implementing Partner (Executing Agency) Environment Department of the Ministry of Energy, Mines, Water and Environment (MEMWE)

GEF Component

(result)/Atlas Activity

Donor Name Fund ID

Responsible Party /

Implementing Agent

Atlas Budgetary Account

Code

Atlas Budget Description Total

Amount (USD)

Amount Year 1(USD)

Amount Year 2 (USD)

Amount Year 3 (USD)

Budget Note:

Component 1 – Developing a

national framework on

ABS consistent with the CBD and its Nagoya

Protocol

GEF-TF 62000 MEMWE 71200 International Consultants 51,000 17,000 17,000 17,000 1GEF-TF 62000 MEMWE 71300 National Consultants 87,000 29,000 29,000 29,000 2GEF-TF 62000 MEMWE 72100 Contractual Services-Companies 77,344 12,448 12,448 52,448 3

GEF-TF 62000 MEMWE 71600 Travel 11,498 3,832 3,833 3,833 4

GEF-TF 62000 MEMWE 71400 Contractual Services – Individ. 52,800 17,600 17,600 17,600 5

GEF Component 1 279,642 79,880 79,881 119,881

TOTAL COST - component 1 279,642 79,880 79,881 119,881

Component 2 – Building

capacity for implementing the national

ABS framework

GEF-TF 62000 MEMWE 71200 International Consultants 51,000 17,000 17,000 17,000 1

GEF-TF 62000 MEMWE 71300 National Consultants 87,000 29,000 29,000 29,000 2

GEF-TF 62000 MEMWE 72100 Contractual Services-Companies 228,453 76,151 76,151 76,151 3

GEF-TF 62000 MEMWE 71600 Travel 40,000 10,000 20,000 10,000 4

GEF-TF 62000 MEMWE 71400 Contractual Services – Individ 52,800 17,600 17,600 17,600 5

GEF Component 2 459,253 149,751 159,751 149,751

TOTAL COST - component 2 459,253 149,751 159,751 149,751

Project Management

GEF-TF 62000 MEMWE 71400 Contractual Services – Individ 38,400 12,800 12,800 12,800 6

GEF-TF 62000 MEMWE 72100 Contractual Services-Companies 18,999 6,333 6,333 6,333 7


GEF-TF 62000 MEMWE 72200 Equipment & Furniture 4,491 1,497 1,497 1,497 8

GEF-TF 62000 MEMWE 72400 Acquisition of audio-visual & communication Equip 10,000 10,000 - - 9

GEF-TF 62000 MEMWE 74500 Miscellaneous Expenses 2,000 1,000 500 500 10GEF Project Management 73,890 31,630 21,130 21,130

UNDP 50,000 20,000 15,000 15,000

TOTAL CO-FINANCING Project Management 50,000 20,000 15,000 15,000

TOTAL COST - Project management unit 123,890 51,630 36,130 36,130

Overall Total GEF 812,785 261,261 260,762 290,762Overall Total UNDP 50,000 20,000 15,000 15,000

Overall Project Total 862,785 281,261 275,762 305,762

Budget Notes: ExplanationNote 1: International project consultants (34 weeks of short-term expertise at 3000 USD/week). Five experts (see "project staff" table for more details).Note 2: National consultants (87 weeks of short-term expertise at 2000 USD/week). Twelve experts. Their profile is shown on the "project staff" table.Note 3: Contractual services for companies up to 305.796 USD have been earmarked for consultations, training, conferences and services required by the project. This includes

40.000 USD for contractual services for the Final Assessment, which includes an international evaluation expert and a national expert in ABS and biodiversity.Note 4: Travel: 51.500 USD has been earmarked for travels for the national and international consultants and the project management unit (coordinator and project assistant), for both

components of the project. Part of this sum is reserved for exchange missions in countries more experienced on ABS. This represents the GEF budget part, supplemented by other sources of funding (UNDP).

Note 5: Contractual services in support of the work program on capacity development, advise on management and coordination to formulate the ABS Law and related institutional regulations. A budget of 105.600 USD for two resource persons, each one supporting one component (component 1 & 2).

Note 6: Contractual services for the project's coordinator and financial assistant, a total of 38.400 USD on GEF funds, supplemented by UNDP funding.Note 7: Contractual services from companies has been provided for up to 19.000 USD for: 1) audit and control related costs up to 9.000 USD; 2) communication fees; 3) costs of

printing and copying various documents.Note 8: A 4.491 USD budget has been allocated to purchase furniture for the project management unit.Note 9: An amount of 10.000 USD has been provided to acquire communication and audio-visual equipment, for phone charges, etc.Note 10: Miscellaneous: 2.000 USD has been attributed under "Miscellaneous" for the entire project. The precise cost of some ground activities is difficult to anticipate. Miscellaneous

expenses will cover for the project if necessary.


PART 2: Staff and project consultants

Staff Designation Salary / Month (USD) Units Main role (See part III for ToR)

Project Management Unit (PMU)

Project coordinator CNP 3000/month 36

Day to day coordination and management of the project, including administrative and financial obligations.Supervision of the overall preparation of the project's two components and of consultations with stakeholders.Responsible for timely elaboration and finalization of the project's objectives.

Administrative and Finance Assistant A-UGP 1000/month 36 Support the administrative and financial management within the Project Management Unit (PMU)

International Consultants (71 200)International expert on national and international implementation of the Nagoya Protocol

EI1 3000/week 9 Provides high-level assistance through consulting and capacity reinforcement services for the implementation of a regulatory and institutional framework adapted at country level.

International Lawyer specializing in intellectual property rights in relation to ABS EI2 3000/week 5

Contributes to the team responsible for preparing the regulatory framework, focusing on the specificities of intellectual property rights regarding GR and a sui generis protection of Traditional Knowledge.

International expert on the implementation of the Nagoya Protocol in relation to the international private sector

EI3 3000/week 9Acts as a contact person to work as an intermediary with the international private sector, for technical assistance to international companies represented in Morocco, in the implementation of the Nagoya Protocol and ABS.

International governance and inter-institutional coordination expert, as well as on developing organizational strategies on biodiversity and genetic resources

EI4 3000/week 5Provides technical assistance to the team responsible for legal and institutional aspects, through the provision of advice in organizational strategies. Ensures the incorporation into national Law of the Nagoya Protocol on ABS and related international instruments.

International expert on communication and public awareness regarding ABS EI5 3000/week 6

Develop a national communication strategy and awareness on ABS, with a list of topics, calendar, activities, assessment tools, and of a list of target-groups. Advice and support the coordinator to promote the project's results.

National consultants (71 300)

National legal expert on environmental law, biodiversity and ABS EN1 2000/week 10

Assumes a role of coordination and contact person for the implementation of an appropriate regulatory and institutional framework for implementation of the Nagoya Protocol. Lead author of the national draft Law on ABS, including all implementing relations, in collaboration with other national and international consultants.

National expert on inventory and protection of traditional knowledge associated with genetic resources

EN2 2000/week 8 Plays a key part in the team of consultants with regard to the role and rights of local communities, for the protection of traditional knowledge associated with genetic resources in the context of ABS.

National expert on GR and dialogue with national research institutions

EN3 2000/week 13 Plays a key part in the team of consultants with regard to documentation of existing genetic resources in Morocco. Works closely with specialized national contact persons on categories of GR (agricultural, wild plants, marine, domestic fauna, wild animals, microorganisms, etc.). Provides relevant technical and scientific information to legal experts and to expert interacting with the private sector. Takes on a coordination role and resource person for the project's planned training activities on


GR.

National expert on economic valorization of biodiversity and genetic resources EN4 2000/week 7

Performs specific tasks for developing a mid-term mobilization plan of endogenous and exogenous financial resources to implement the national ABS framework, and a promoting/commercialization strategy of products derived from biodiversity and genetic resources, for the purpose of valorization and economic development, as well as a support plan to cooperatives and production associations with a potential role for ABS systems.

National expert on organization and animation of local communities EN5 2000/week 12

Resource person for consultations with representatives of local communities and NGOs, to reflect their expectations and propose appropriate measures to strengthen the capacity of civil society and LCs, with particular emphasis on the role of women in relation to ABS. Also acts as a moderator during meetings in the domain of capacity building for local communities regarding the ABS negotiation process.

National expert on education and public awareness for biodiversity and ABS EN6 2000/week 11

Participates in the elaboration of the national communication strategy and awareness on ABS, in collaboration with the international consultant responsible for PR. Following the strategy's definition, he takes charge of the effective implementation of activities as defined in the output on public awareness. Responsible for activities related to the assessment of knowledge, skills and practices (KAP) targeting specific groups and aiming at assessing the impact of public awareness campaigns on national ABS Law, CBD and Nagoya Protocol.

National expert on information and database management related to GR and associated TK EN7 2000/week 6

Design and delivery of the ABS database Management System (DBMS), suited for each type of record and according to needs of use, in cooperation with the project coordinator and the focal point for ABS and the CHM.

National expert on inventory and valorization of forest genetic resources and MAP (EN9) EN9 2000/week 8

Works closely with the national expert on genetic resources management (EN3). His role will be to prepare and analyze data (databases) on the identification component of forest GR and MAP GR that may be subject to valorization under the ABS framework. Assumes a contact person role for this type of GR and provides expertise in training workshops on those GR.

National expert on inventory and valorization of RG for food and agriculture EN10 2000/week 3

Preparation and data analysis (databases) on the identification component of genetic resources for food and agriculture that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.

National expert on inventory and valorization of marine GR EN11 2000/week 3

His role will be to prepare and analyze data (databases) on the identification component of marine genetic resources that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.

National expert on inventory and valorization of GR wild and domestic animal genetic resources

EN12 2000/week 3Preparation and data analysis (databases) on the identification component of genetic resources for wild and domestic animals that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.

National expert on inventory and valorization of GR and microorganisms. EN13 2000/week 3

Preparation and data analysis (databases) on the identification component of genetic resources for microorganisms that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.


PART 3: Summary of Funds

Summary of Funds: [1][1]

AmountYear 1

AmountYear 2

AmountYear 3 Total

GEF $261,261 $260,762 $290,762 $812,785

UNDP $20,000 $15,000 $15,000 $50,000

Government $77,400 $80,000 $42,600 $200,000

GIZ $417,140 $375,750 $207,110 $1,000,000

TOTAL $775,801 $731,512 $555,472 $2,062,785

[1][1] Summary table should include all financing of all kinds: GEF financing, cofinancing, cash, in-kind, etc...


SECTION IV: ADDITIONAL INFORMATION

PART 1: Other agreements

GEF FOCAL POINT ENDORSEMENT LETTER IN MOROCCO


CO-FINANCING LETTER FROM GOVERNMENT OF MOROCCO


CO-FINANCING LETTER FROM GIZ


CO-FINANCING LETTER FROM UNDP


PART 2: Terms of References for project staff

CONTEXT OF TOR (STANDARD FOR ALL POSITIONS)

The Government of Morocco is about to launch a pilot project that aims to establish a national framework for the access and benefits sharing of genetic resources and traditional knowledge. This is part of a broader strategy to address the issue of environmental conservation by contributing to the conservation and sustainable use of Morocco’s biodiversity. This project benefits from the financing of the GEF, UNDP, GIZ and the Moroccan Government.

Morocco boasts a rich pool of biological assets with a very high level of genetic diversity, making it a particularly attractive country for bio-prospection, with a huge untapped potential for the creation of new wealth that could be geared towards the country’s development, in accordance with the National Charter for Environment and Sustainable Development as well as the new National Strategy on Biological Diversity.

Article 15 of the Convention on biological diversity seeks to define international law with regards to the relationship between suppliers and users of biological and genetic resources, through a system of Access and Benefit-sharing (ABS). This regime is an opportunity to considerably strengthen the objectives and measures for the protection and conservation of biodiversity and its sustainable use, by allowing the creation of new capital flows and additional resources. Morocco however does not currently have any framework that specifically governs the sustainable use, conservation and benefit sharing of biodiversity. Various policies have been developed in order to regulate biodiversity-related sectors, but the absence of a national framework on ABS has left a wide range of opportunities untapped, namely benefit-sharing. It is therefore necessary that an efficient ABS regime be developed in close consultation with stakeholders in order to facilitate access to genetic resources and allow the fair sharing of revenues derived from their sustainable use and benefit both biodiversity and the suppliers of those resources. The development of such a framework requires harmonizing current legal and regulatory instruments in the field of genetic and biological resources. This framework must comply and be compatible with the CBD and the Nagoya Protocol, it must consider other relevant international processes, and also be coupled with the necessary backing in order to strengthen national capacities in various fields, for an efficient implementation at national and local levels.

The development of such a framework requires the harmonization of current legal and regulatory instruments in connection with genetic and biological resources. It should be compatible with the Convention on biological diversity and its Nagoya Protocol as well as take into account other international processes that are deemed relevant. It must also be coupled with the necessary backing required to reinforce national capacities in various fields in order to be implemented efficiently at the local and national level.

This is the context in which the GEF-UNDP-GIZ project was launched. Its objective being the strengthening,

protection and sustainable use of genetic resources and associated traditional knowledge in Morocco by establishing a national framework on access and benefit sharing (ABS) compatible with the CDB and its Nagoya Protocol.

In order to attain these goals, the project will on the following two main components:

1. The development of a national framework on ABS that is compatible with the CDB and its Nagoya Protocol;

2. Building capacities for the implementation of a national ABS framework.

The Delegate Minister in charge of the Environment at the Ministry of Energy, Mines, Water and the Environment, in partnership with UNDP Morocco, is seeking a qualified candidate for the position mentioned below. This one-year renewable contract will be based on obtained results and positive assessment. Employment conditions will be dependent upon the contract offered.

NATIONAL PROJECT COORDINATOR (NPC)

Location: Rabat, MoroccoApplication Deadline: 30 days after publicationCategory Environment and energyType of Contract: Service contractLanguages Required: Arabic and French. English desirableStarting Date:(date when the selected candidate is expected to start)

As soon as possible

Duration of Initial Contract: One year (renewable)Expected duration of assignment: 36 months a priori (if funding allows)

Duties and ResponsibilitiesThe national project coordination will have management (~25%) and technical tasks (~75%).

Objectives:

1. Coordinate daily management of the project's administrative and financial obligations.2. Supervision of the overall preparation of the project's two components and of consultations with

stakeholders. Responsible for timely elaboration and finalization of the project's objectives.

Main management tasks:- Ensure timely and effective implementation of the project's objective, outcomes, outputs and activities;


- Prepare detailed work and financial plans (including timeline and description of activities), to be submitted to the Steering Committee and UNDP country office for approval;

- Develop ToR for contractual services companies, consultants, experts, and all necessary project documents in liaison with the national project director and UNDP;

- Facilitate, guide and oversee consultants' works, and endorse deliverables in liaison with the Project Steering Committee and other relevant bodies;

- Contribute to organize project activities when necessary. This may include planning meetings, local and national workshops, field visits and other project related activities;

- Liaise with national and international organizations, and other relevant partners that may contribute to the project's objectives;

- Ensure timely submission of progress reports in accordance with instructions from the steering committee and UNDP;

- Keep records of the Steering Committee's meetings, decisions, actions, etc;- Liaise with all other initiatives and programs with outcomes and outputs that match the project's objective,

including GIZ's ACCN program;- All others project related tasks entrusted by the steering committee.

Main technical tasks:- Lead the team of consultants involved in the ABS project and bear overall responsibility for timely

preparation and delivery of documents to UNDP and GEF, strictly respecting schedules and applying quality control protocols.

- Ensure that the launch meeting leads to the delivery of a clear road map on the scope of services and project tasks to be undertaken under the supervision of key implementing partners and UNDP technical staff.

- Submit revised preliminary versions of all studies and reports on ABS project activities for reviewing and finalization to key implementing partners, national consultants, and UNDP technical staff.

- Lead the development of the project's technical work plan and coordinate consultants' contributions and output, and ensure quality control of technical deliverables.

- Ensure delivery of results and implementation according to approved work plans.- Develop a comprehensive mapping and implementation plan of executing partners towards the project's

activities.- Lead the CHM updating process.- Prepare the project's monitoring reports, and more specifically the short PIR, risk log and report on lessons

learned.

Competencies/QualificationsCore qualifications:- Efficient communication skills (orally and in writing), in order to transmit complex technical information to

both technical staff and the general public;- Good leadership, coordination and facilitation skills;- Good knowledge of environmental issues in Morocco;


- Proven ability to draft project documents (publications, reports and related documents);- Proven ability to collect, verify and analyze information, as well as to finalize and present research with a

high degree of accuracy and technical quality;- Good knowledge and understanding of decisions and processes related to the CBD and Nagoya Protocol;- Previous experience in the development of ABS strategies is an asset.

Additional skills:- Negotiates effectively in difficult situations;- Focuses and achieves project goals, persuading and convincing others, working with them;- Ability to effectively coordinate a large multi-disciplinary team of experts and consultants;- Facilitates and chairs meetings effectively and efficiently, and resolves conflict as they arise;- Sets priorities, produces quality outputs, meets deadlines and manages time efficiently;- Shares knowledge and is willing to provide support to others who request advice or help;- Works toward creative solutions by analyzing problems carefully and logically;- Demonstrates sufficient technical knowledge to perform effectively in his own specialty;- Inspires and supports the team's decisions;- Maintains strong relationships with partners and clients;- Ability to work in multicultural environments;- Good interpersonal skills and the ability to work in a multicultural setting, with experience working with

partners at all levels (ministries, donors, private sector, NGO's and grassroots community organizations).

Experience required:- Advanced university degree preferably advanced (master or doctoral degree) in natural, environmental

sciences, economic or social, or management;- At least 10 years of experience in managing national or international projects - at least 3 in a management

position - in the field of policy or management of biodiversity and genetic resources;- Solid monitoring and evaluation competencies;- Previous experience of work with GEF projects is a considerable asset;- Excellent command of Arabic and French. Working knowledge in English is an asset.


ADMINISTRATIVE AND FINANCE ASSISTANT

Information on the positionTitle: Administrative and Finance project assistantType of Contract: Service contractLocation: RabatDuration of Contract: 1 year (renewable)Expected duration of assignment: 36 months a priori (if funding allows)Supervision: National project coordinatorDuties and ResponsibilitiesThe Administration and Finance Assistant will be working under the full guidance of the national Project Manager (NPM). Key tasks will include:- Participate in the project's day-to-day administrative and financial management within the Project

Management Unit (PMU).- Prepare accounting document, payment and advance requests, and financial reports.- Collection and classification of project data and information.- Contributes in monitoring the programming, budgeting and overall time frame and identification of

bottlenecks.- Maintenance and regular update of databases developed under the ABS project; including those related to

registered agreement on access and benefit sharing from the utilization of GR and associated TK; to major in situ and ex situ collections of genetic resources existing in Morocco, to the list of national ABS experts;

- Contribution to the project's communication activities.- Participation and organization of project follow-up meetings and drafting of minutes.- Participation in preparation, launch and follow-up of project services markets, and preparation of project

contracts and agreements.- Preparation and management of letters.- Participation in the organization of workshops and seminars.- Preparation and facilitation of field missions.Qualifications/SkillsEducation- Diplomas:- University degree (minimum 2 years) with a solid foundation in accounting and financial management.Experience:- A minimum of 3 years of experience in finance and administration.Other required criteria:- Proficiency in Arabic and French.- Experience in project management, preferably in development.- Experience in office administration.- Experience in organizing events and meetings.- Knowledge of partner institutions at local and national levels.


- Proficiency in computer skills, especially Word, Excel, Access and to Internet access.- Excellent teamwork skills.- Good organizational and communication skills.


PROJECT CONSULTANTS

Consultant Number of weeks Tasks, deliverables and selection criteria

International consultantsInternational expert on national and international implementation of the Nagoya Protocol (E11)

9 Objectives:Provides high-level assistance through consulting and capacity reinforcement services for the implementation of a regulatory and institutional framework adapted at country level on the Nagoya Protocol. Proposes potential and logical solutions, based upon his international experience, on strategic options regarding the national approach for the implementation of ABS. These options may include the overall policy direction (market-based or protective approach), the type of regulatory system, the authorization system' structure (centralized or decentralized), the operation of checkpoints (continuous monitoring or ad hoc), etc. Follows-up on development and implementation of both components of the project, and provides reasoned advice on legal and institutional aspects, and in collaboration with national and international consultants regarding capacity reinforcement.

Main tasks:- Under supervision of the National Project Director, national executing

partners and UNDP, GIZ technical staff, ensure that the Inception Workshop' results leads to a clear project roadmap.

- Assist the NPD in developing a detailed work plan, in executing the project scope and budget, in identifying additional executing partners, and in coordinating all the activities and deliverables including contributions to, and results, from consultants and service providers. This will involve ToR reviewing and support in recruitment of consultants and service providers.

- Oversee, support and provide technical guidelines to consultants and working groups involved in the ABS project, ensuring a high quality of project deliverables.

- Ensure the integration of findings from various studies into the national ABS framework.

- Develop a step-by-step analysis for measuring and comparing expected results to obligations with respect to ABS Protocol obligations.

- Propose options and guidelines to develop a national/regional strategy/policy on ABS.


- Determine steps to take for local and national implementation of the ABS Protocol.

- Contribute towards the required steps for developing a national Law on ABS, that deals with intellectual property rights, in accordance with the CBD, Nagoya Protocol (NP), related international instruments, and adapted to national circumstances following consultations with stakeholders.

- Contribute towards required steps for developing an institutional framework (including relevant national authorities and support measures), allowing implementation of the national ABS Law, legal protection, clarity and transparency for commercial and research purposes.

- Contribute in required steps for developing and implementing a system to protect traditional knowledge.

- Contribute, with experiences from other countries, to targeted training on handling access requests to the ABS, negotiating ABS agreement, eased access to genetic resources, compliance monitoring, monitoring of bio-prospecting projects, and addressing Nagoya Protocol issues, for competent authorities (CA), focal points (FP), and related organizations.

- Contribute to develop ABS model agreements that facilitate the negotiation of monetary (initial contracts and royalties) and non-monetary payments (i.e. opportunities for training / research and technological transfers), and benefit services between users and providers of genetic resources.

- Evaluate deliverables regarding models, guidelines, and training programs on the national ABS framework (ABS procedures for users and providers of genetic resources, PIC protocols, negotiation strategies of the ABS agreement, ABS related IPR's, customary Law, bio-prospecting and investigation procedures) developed by the project team.

- Identify mandatory elements included in a sample Agreement in Principle for non-commercial purposes.

- Identify mandatory elements included in a sample Agreement in Principle for non-commercial or potentially commercial purposes.

- Participate in meetings and workshops organized within the framework of the project.

- Work closely with the National Project Coordinator and other team members.

- Contribute to the preparation of the final project report.


Contribution / assessment of the following deliverables:- Recommendations for an institutional and legal preventive framework

during the transitional phase.- National legal framework and regulations appropriate to ABS.- Document on ABS sample agreements that facilitate the negotiation of

monetary (initial contracts and royalties) and non-monetary payments (i.e. opportunities for training / research and technological transfers), and benefit services between users and providers of genetic resources.

- Document on mandatory elements to be included in a sample Agreement in Principle for non-commercial or potentially commercial purposes.

- Assessment of all other project reports.- Contribute to the preparation of the final project report.

Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in Natural Sciences or

Environment, with international experience in managing genetic resources and ABS processes, gained either in policy or field work;

- Excellent knowledge of the CBD, Nagoya and Cartagena Protocols.- Proven experience in analyzing legal texts on ABS;- Prior experience in interfacing between the environment, development

and communication;- Proven ability to collect, verify and analyze information, as well as to

finalize and present research with a high degree of accuracy and technical quality;

- Ability to communication effectively orally and in writing, in order to communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes; prior experience in NBSAP is an asset;

- Excellent knowledge and understanding of CBD and ABS' decisions and processes. Prior experience in developing national and regional ABS policies;

- Excellent command of English and/or French is required. Knowledge of Arabic is an asset.

International Lawyer specializing in intellectual

5 Objectives:Participates in the team responsible for preparing the regulatory and institutional framework to implement the Nagoya Protocol and plays an active role in the transposition of its mechanisms into national law, focusing


property rights in relation to ABS (E12)

on the specificities of intellectual property rights regarding GR and a sui generis protection of Traditional Knowledge.

Main tasks:- Conduct an analysis of international legal texts on intellectual property

rights regarding GR and associated traditional knowledge, namely in relation with ABS;

- Analyze measures taken by other countries in the field of intellectual property regarding genetic resources and the protection of associated traditional knowledge, examining the impact on ABS;

- Contribute to the analysis / synthesis conducted by legal experts on national legislation (existing or in preparation) and national institutions regarding the environment, biodiversity, intellectual property, user rights and genetic resources;

- Conduct surveys with organizations active in the field of Intellectual Property in Morocco (OMPIC, ONSSA, etc.);

- Participate in the preparation and presentation of options for the appropriate ABS legal framework (draft Law and texts of application) for implementation of the Nagoya Protocol, including the component on intellectual property of genetic resources and associated traditional knowledge;

- Participate in the animation of consultation and validation workshops for the draft Law prior to its introduction in the legislative process;

- Participate in the animation of consultation and validation workshops for institutional platforms / structures for accreditation, consultation, control, negotiations and of the sole competent national authority;

- Develop recommendations for the implementation of the new Law / decree and its implementing texts;

- Participate in the formulation of a document on "recommendations for an institutional and legal preventive framework during the transitional stage";

- Contribute to the preparation of a concerted Public-Private (producers / users) pilot framework agreement, inspired by more developed countries in this field, but adapted to the national framework for the implementation of the Nagoya Protocol;

- Contribute to carry through capacity reinforcement programs for national users, in particular building national expertise in matters of legislation, institutions and specialized ABS-Nagoya negotiations;

- Participate in meetings and workshops organized within the framework of the project;


- Work closely with the National Project Coordinator and other team members;


Contribution to the following deliverables:- Summary document of international legal texts on intellectual property

rights regarding GR and associated traditional knowledge, notably those engaging Morocco in terms of ABS;

- Analytical document presenting the experiences of some countries and arrangements in the field of intellectual property regarding genetic resources and the protection of associated traditional knowledge, examining the impact on ABS;

- Recommendations for an institutional and legal preventive framework during the transitional phase;

- National legal framework and regulations appropriate to ABS, including the component on intellectual property of genetic resources and associated traditional knowledge;


Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in Intellectual

Property Rights, Natural Sciences or Environment, with excellent knowledge of the CBD, Nagoya and Cartagena Protocols, including aspects regarding genetic resources and associated traditional knowledge;

- Proven experience of reviewing and analyzing institutional systems as well as international and national legal texts;

- Proven ability to draft relevant documents (publications, reports and related documents);

- Ability to communication effectively orally and in writing, in order to communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes; prior experience in patents and other forms of IPRs on wildlife is an asset.

International expert on the implementation of the Nagoya Protocol in

9 Objectives:Animates as resource person the interface with the international private sector, for technical assistance to international companies represented in Morocco, in the implementation of the Nagoya Protocol and ABS. Works with other consultants on the project, including those involved in research


relation to the international private sector (E13)

and the national PPP expert (Public-private partnership), and interacts with national private companies.

Main tasks:- Contribute to raising awareness and technical assistance to private

companies for implementation of the Nagoya Protocol and ABS;- Contribute to produce best practices manuals on the sustainable use of

biodiversity and genetic resources;- Contribute to design and support the deployment of bio-prospection,

ABS channels, and comprehensive strategies for biodiversity conservation incorporating ABS;

- Participate in training workshops on ABS' challenges and on processes of Certifications such as Organic Agriculture, Fair Trade, UEBT, etc.

- Participate in ESR diagnostics of ecosystems services between international value chains and territories of production;

- Contribute to the development of sample Public-Private or Producers-Users type contract, adapted to the national context for the implementation of the Nagoya Protocol;

- Contribute to capacity reinforcement particularly in terms of training in Initiation and development of Public-Private Partnerships / Producers-Users for setting up values chains consistent with ABS; but also enhancement of biodiversity and genetic resource through value chains, certification, etc.;

- Contribute to design effective mechanisms (e.g. provisions, working capital or sinking funds) to benefit from ABS agreements for the conservation of biodiversity and the sustainable use of its components;

- Contribute to the development of tools for raising public awareness and campaigns targeting key stakeholders regarding the national ABS framework;

- Assist in the structuring and capacity building of local actors and value chains;

- Participate in the formulation of a document on "recommendations for an institutional and legal preventive framework during the transitional stage";

- Contribute to the preparation and drafting of sample contracts and special agreement for the transfer of genetic material;

- Participate in the animation of consultation and validation workshops for the draft Law prior to introduction in the legislative process;





Contribution to the following deliverables:- Strategic elements and practical implications for the conduct of bio-

prospecting on GR and collection of associated traditional knowledge in accordance with the Nagoya Protocol;

- Methodological approaches to define GR value chains in a given environment in Morocco;

- Factors to be taken into account to facilitate the integration of the national and international private sector into the ABS process and for valorization of GR;

- Awareness raising pamphlets on ABS for the private sector;- Propose effective mechanisms (e.g. provisions, working capital or

sinking funds) to benefit from ABS agreements for the conservation of biodiversity and the sustainable use of its components;


- National legislative framework adapted to ABS;- National institutional framework adapted to ABS;- Contribution to the final project report.

Selection criteria:- Preferably a graduate degree (MSc) in Marketing and International

Business, with excellent knowledge of the CBD, Nagoya Protocol and Cartagena Protocols, and "market research" for the valorization of biodiversity and GR products;

- Proven experience in providing technical assistance to private enterprises for the implementation of the Nagoya Protocol and ABS; in sustainable investment and corporate responsibility;

- Experience in capacity building of local, state, private and NGOs;- Proven ability to draft relevant documents (publications, reports and

related documents);- Ability to communication effectively orally and in writing, in order to

communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes; prior experience in working with national and international private sector is an asset.


International governance and inter-institutional coordination expert, as well as on developing organizational strategies on biodiversity and genetic resources (E14)

5 Objectives:The consultant will provide technical assistance to the team responsible for legal and institutional aspects. Plays an active role in the development of policies related to ABS and the protection of traditional knowledge, providing legal development advice, notably through legal and institutional aspects, and the development of organization strategies on the management of biodiversity and genetic resources. Also ensure the incorporation into national Law of the Nagoya Protocol on ABS and related international instruments.

Main tasks:- Contribute to setting up the national legislative framework for the

implementation of the Nagoya Protocol, particularly on matters related to post-access and compliance measures;

- Contribute to setting up the national legislative framework for the implementation of the Nagoya Protocol, particularly on aspects related to the international governance of genetic resources (NP related legal instruments) and its implications on the implementation of national laws;

- Conduct an analysis of inter-institutional arrangements by other countries to manage ABS processes;

- Participate in the assessment of existing institutional arrangements in Morocco on genetic resources management, in particular regarding their role in terms of authorization processes, management and governance of genetic resources;

- Contribute in required steps for developing an institutional framework (including relevant national authorities and support measures), allowing implementation of the national ABS Law, legal protection, clarity and transparency for commercial and research purposes;

- Participate in the animation of consultation and validation workshops for institutional platforms / structures for accreditation, consultation, control, negotiations and of the competent national authority;

- Contribute in the initiation and completion of capacity reinforcement programs for national actors of GR in terms of monitoring, indicators and financing;

- Contribute to design and carry through training programs for national GR actors, in matters of legislation, inter-institutional governance and negotiations for ABS;

- Produce "policy notes" to policy makers on national GR and


significance of traditional resources;- Participate in the animation of consultation and validation workshops

for the draft Law prior to introduction in the legislative process;- Prepare and present options for the appropriate ABS legal framework

(draft Law,..) for implementation of the Nagoya Protocol;- Develop recommendations for the implementation of the new Law /

decree and its implementing texts;- Participate in the formulation of a document on "recommendations for

an institutional and legal preventive framework during the transitional stage";

- Contribute to the preparation of a concerted Public-Private (producers / users) pilot framework agreement, inspired by more developed countries in this field, but adapted to the national framework for the implementation of the Nagoya Convention;




Contribution to the following deliverables:- Analytical document on inter-institutional arrangements used by other

countries to manage ABS processes;- Assessment document on existing institutional arrangements in

Morocco on genetic resources management, in particular regarding their role in terms of authorization processes, management and governance of genetic resources;

- "Policy notes" papers to for policy makers on national GR and the significance of traditional resources and intellectual property rights;


- National legislative framework adapted to ABS;- National institutional framework adapted to ABS;- Contribution to the final project report.

Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in Law of

biodiversity, environmental law, intellectual property law and international trade law;

- Excellent knowledge of the CBD, Nagoya and Cartagena Protocols,


including the protection of traditional knowledge;- Proven experience of reviewing and analyzing legal texts, institutional

systems and inter-institutional governance;- Proven ability to draft relevant documents (publications, reports and

related documents);- Ability to communication effectively orally and in writing, in order to

communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes; prior experience of the Nagoya Protocol is an asset.

International expert on communication and public awareness regarding ABS (E15)

6 Objective:Expert responsible for developing a national communication strategy and awareness on ABS, with a list of topics, calendar, activities, assessment tools, and a list of target-groups. In coordination with the national project coordinator and other consultants, identifies target groups, defines appropriate messages for each group, and designs appropriate tools for raising awareness. Advises and supports the coordinator to promote the project's results (visits with various key groups including journalists, creation of a project website, production of various information tools).

Main tasks:- Develop a national communication strategy and awareness on ABS,

with a list of topics, calendar, activities, assessment tools, and a list of target-groups. Important activities include:

- (i) Identification of key target groups and desired behavior changes.- (ii) Conducting investigations to ascertain the level of awareness of key

target groups.- (iii) Establishment of a roster of communication, legal and technical

experts on ABS.- (iv) Organizing a discussion and validation workshop on elements of

the national awareness raising strategy on ABS.- Create or adapt awareness raising tools on access and benefit-sharing

issues;- List the objectives and define intended messages, including for the

following target groups: policy-makers, members of Parliament and other elected officials, local authorities, general public, scientists and researchers, children / youth at school, local communities, potential users (private and public) international and national, national regulatory and supervisory bodies, customs and enforcement officers, media, magistrates and the judiciary;


- Develop with the Project Management, campaign plans for key stakeholders on the national ABS framework;

- Ensure the Project Management Unit disseminates the awareness raising and training tools at national, regional and local level, to all actors of the public sector and civil society, through existing communication channels (audiovisual media, print, internet, etc.);

- Participate in the animation of multi-stakeholder workshops at national and regional level, on ABS / TK issues to raise awareness among stakeholders that well-conducted ABS contracts and bio-prospections can contribute to development and to the national / local conservation program;

- Conduct a training session on Communication and Information to national entities involved on ABS;

- Organize and facilitate media coverage of project-related events or actions, including the International Symposium on ABS, which will be organized by the project, with support from specialized international partners on ABS;

- Participate in the design of a documentary film on national GR, ABS and their valorization for improving living conditions of local populations;

- Advise the project coordinator on developing and maintaining relationships with various media and organizing meetings with journalists to create ABS-awareness networks;

- Advise the Project Coordinator on the creation and regular update of the project website;




Contribution to the following deliverables:- National communication strategy and awareness document on ABS,

with a list of topics, calendar, activities, assessment tools, and a list of target-groups;

- Proposition of awareness raising and training tools on ABS issues;- Coverage reports of national events organized by the project;- Structuring elements of a documentary film on national GR, ABS and

their valorization for improving living conditions of local populations;- Structuring elements for the creation and regular update of the project


website;- Contribution to the final project report.

Selection criteria:- Graduate degree (MSc) in Communication education / awareness on

issues related to environmental protection and sustainable development, with excellent knowledge of the CBD and Nagoya Protocol;

- Proven experience in communication with institutional officials, civil society, professional associations;

- Proven experience in designing and developing communication tools;- Ability to communication effectively orally and in writing, in order to

communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes is an asset.

National consultantsNational legal expert on environmental law, biodiversity and ABS (EN1)

10 Objectives:Assumes a role of coordination and resource person for the implementation of an appropriate regulatory and institutional framework for implementation of the Nagoya Protocol. Lead author of the draft national Law on ABS, including all implementing relations, in collaboration with other national and international consultants.

Main tasks:- Conduct an inventory of existing regulations on access to genetic

resources and associated traditional knowledge, and / or benefit sharing in national and regional policies and strategies in relevant sectors such as forestry, fishing, agriculture, research, science and technology; intellectual property, culture, etc.

- Analyze ABS legislation adopted in other countries and regions;- Analyze the gaps of key legal national texts on biodiversity and genetic

resources with regards to ABS;- Contribute in conducting surveys amongst legal services departments

responsible for the management of natural resources, particularly genetic resources;

- List existing institutional arrangements and evaluate those that could play a role in terms of authorization processes, management and governance of genetic resources;

- Participate in the animation of consultation and validation workshops for institutional platforms / structures for accreditation, consultation,


control, negotiations and of the competent national authority;- Conduct consultations and engage stakeholders in the development of

legal, regulatory, administrative mechanisms for the protection of genetic resources and associated traditional knowledge, in accordance with the CBD, Nagoya Protocol (NP), and related international instruments;

- Participate in the animation of thematic/sectorial workshops for explaining and discussing new ABS legislation, and include their recommendations in the draft Law before its introduction in the legislative process;

- Prepare and present options for the appropriate ABS legal framework (draft Law,..) for implementation of the Nagoya Protocol, along with the implementing legislation;

- Develop recommendations to submit the draft ABS Law and auxiliary texts to the GSG and subsequently to Parliament for adoption;

- Develop recommendations for the implementation of the new Law and its implementing legislation;

- Coordinate the production of a document entitled "recommendations for an institutional and legal preventive framework during the transitional stage";

- Prepare and present the proposition for the appropriate ABS legal framework (draft Law,..) to implement the Nagoya Protocol with the corresponding structures of administration, consultation, negotiation and control;

- Contribute to the preparation of a concerted Public-Private (producers / users) pilot framework agreement, inspired by more developed countries in this field, but adapted to the national framework for the implementation of the Nagoya Convention;

- Contribute to initiate and carry through capacity reinforcement programs for national users, in particular building national expertise in matters of legislation, institutions and specialized ABS-Nagoya negotiations;




Contribution to the following deliverables:- Analysis / synthesis of national legislation (existing or in preparation)


and national institutions regarding the environment, biodiversity, intellectual property, user rights and genetic resources;


- Proposition of a national legislative framework adapted to ABS;- Mapping of institutional actors to be involved in developing the

implementation strategy (e.g. forestry, agriculture, health, local communities, research and technology, professional associations,..);

- Mapping of actors involved in the management and governance of biological resources (e.g. authorities responsible for protected areas, local communities and breeders);

- Mapping of actors impacted by the implementation of a national ABS legislation (e.g. actors previously mentioned, health sector, research institutions, private sector using the BR / GR and associated local knowledge);

- Proposition of a national institutional framework adapted to ABS;- Contribution to the final project report.

Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in environmental law,

with excellent knowledge of the CBD, the Nagoya and Cartagena Protocols;

- Proven experience of reviewing and analyzing national texts and institutional systems;


- Ability to communication effectively orally and in writing, in order to communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes; prior experience in NBSAP is an asset.

National expert on inventory and protection of traditional knowledge associated with genetic resources (EN2)

8 ObjectivesThe consultant plays a key part in the team of consultants with regard to the role and rights of local communities, for the protection of traditional knowledge associated with genetic resources in the ABS framework. Assumes a role of resource person towards sub-national and national consultation processes regarding all project related activities, in order to define the role of local communities the function of TK associated to GR.

Main tasks:


- Ensure the integration of traditional knowledge in the design of the project's annual planning and implementation activities;

- Evaluate relevant provisions regarding local communities' rights as specified in the constitution, legislation and specific regulations;

- Identify and document traditional knowledge, including customary laws and rules of access, subject to the agreement of local communities (CL) concerned;

- Create, on the basis of this documentation, a TK database in relation with ABS (digital library);

- Conduct a study on means of protecting TK through case studies of advanced countries, and propose elements for a national TK protection system;

- Evaluate the feasibility of implementing a sui generis protection system of traditional knowledge associated to genetic resources;

- Organize workshops of the TK protection system including PIC and MAT protocols and gather stakeholders’ feedback on the proposed system;

- Finalize the elements of proposed system;- Develop guidelines on TK, notably in terms of access to TK, and

appropriate structures at all levels;- Participate in awareness-raising and capacity reinforcement activities of

communities, relevant ministerial departments, stakeholders and agencies;

- Participate in capacity and expertise reinforcement activities for communities in terms of negotiation;

- Assist target communities for the preparation et implementation of ABS development plans, follow-up their execution and report to the NPD together with questions/problems raised;


- Contribute to capacity and expertise reinforcement operations for communities in terms of negotiation;

- Contribute to the consultation and validation of the draft Law and implementing legislation for the implementation of the Nagoya Protocol, integrating the legislative, institutional analysis and partner' recommendations;

- Contribute to the preparation of a Public-Private model Convention adapted to the national context, taking into account the rights of local communities;

- Work closely with the National Project Coordinator and other team


members;- Contribute to the preparation of the final project report.

Contribution to the following deliverables:- Mapping of current and potential users of traditional knowledge

associated to genetic resources, including specific uses;- Synthesis paper on Moroccan intellectual property right and

environmental legislation with regard to users' rights of local population;

- Synthesis paper on traditional and local knowledge regarding regional products in Morocco;

- Guideline document on the protection of traditional knowledge and appropriate access measures.

Selection criteria:- Preferably a PhD or postgraduate degree (MSc) in anthropology or

rural sociology, with excellent knowledge of the CBD, Nagoya and Cartagena Protocols, and human rights;

- Proven experience in dealing with local communities and in studying local traditional knowledge;

- Involvement in ABS related discussions related and the protection of traditional knowledge, and interactions with local NGOs;


- Ability to communication effectively orally and in writing, in order to communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes.

National expert on GR and dialogue with national research institutions (EN3)

13 Objectives:The national expert on genetic resources management plays a key role in the team of consultants with regard to documentation of existing genetic resources in Morocco. Works closely with specialized resource persons on categories of GR (agricultural, wild plants, marine, domestic fauna, wild animals, microorganisms, etc.). Provides relevant technical and scientific information to legal experts and to expert interfacing with the private sector. Ensures the dialogue with national research institutions. Takes on a coordination role and resource person for the project's planned training activities on GR.


Main tasks:- Produce a mapping of institutions/universities conducting research on

biological/genetic resources particularly on their (bio) chemical composition, genetic characteristics, agronomic and medical uses, etc. including associated traditional knowledge;

- Conduct a mapping of current and potential users of genetic resources, including specific uses;

- Identify relevant actors and existing expertise for implementing the Nagoya Protocol (national network databases);

- Develop a national CHM ABS development plan aimed at national and international information in order to use the best communication tools for ABS related activities;

- Contribute to set up relevant information on national GR and their valorization potential within the national CHM ABS;

- Produce a list of indicators to follow-up national-level implementation of ABS at the national level, to ensure monitoring and compliance;

- Develop a plan to set up checkpoints to monitor the use of genetic resources, including the designation of one or more checkpoints.

- Contribute to develop a guideline document on national genetic resources, their characteristics and valorization potential;

- Develop training programs on ABS and genetic resources for scientific and technical staff;

- Participate in design and animation of training sessions scheduled within the capacity building component for various categories of ABS stakeholders;

- Contribute to develop model conventions / contract, inspired by more developed countries but adapted to the national framework;

- Contribute to develop a handbook on national and international conditions for GR economic transactions;

- Contribute to the preparation of a Public-Private model Convention adapted to the national context for the implementation of the Nagoya Protocol;


- Work closely with the project's long-term consultant and other team members;


Contribution to the following deliverables:- Synthesis paper of available information (documents, theses,


publications and reports) on research related to the country's genetic resources;

- Key elements of a research and development strategy for knowledge and GR valorization (objectives, approach, Project leader and partners);

- Mapping of institutions/universities conducting research on biological/genetic resources particularly on their (bio) chemical composition, genetic characteristics, agronomic and medical uses, etc. including associated traditional knowledge;

- Mapping of current and potential users of genetic resources, including specific uses;

- Mapping of institutional actors to be involved in developing the implementation strategy (e.g. forestry, agriculture, health, local communities, research and technology, professional associations,..);

- Mapping of actors involved in the management and governance of biological resources (e.g. authorities responsible for protected areas, local communities, gene banks, breeders);

- Mapping of actors impacted by the implementation of a national ABS legislation (e.g. actors previously mentioned, health sector, research institutions, private sector using the BR / GR and associated local knowledge);

- Document on the implementation within the national CHM APA, relevant information on national and RG valorization potential;

- Document on setting up relevant information on national GR and their valorization potential within the national CHM ABS;

- List of indicators to follow-up national-level implementation of ABS at the national level, to ensure monitoring and compliance;

- Training programs on ABS and genetic resources for scientific and technical staff.

Selection criteria:- Preferably a PhD or postgraduate degree (MSc) in genetic resources,

with excellent knowledge of the CBD, Nagoya and Cartagena Protocols;

- Proven experience of conducting research on national genetic resources, in research networks, and in following-up negotiations on the Nagoya Protocol;

- Proven ability to conduct training sessions and draft relevant documents (publications, reports and related documents);

- Ability to communication effectively orally and in writing, in order to communicate complex, technical information to both technical and


general audiences;- Knowledge and understanding of ABS decisions and processes is an

asset.

National expert on economic valorization of biodiversity and genetic resources (EN4)

7 Objectives:The consultant is in charge of performing specific tasks for developing a mid-term mobilization plan of endogenous and exogenous financial resources to implement the national ABS framework, and a promoting/commercialization strategy of products derived from biodiversity and genetic resources, for the purpose of valorization and economic development, as well as an assistance plan to cooperatives and production associations with a potential role for ABS systems. He will work in collaboration with the team of other consultants, including the international expert in relation to the international private sector.

Main tasks:- Develop a mid-term mobilization plan of financial resources to

implement the Nagoya Protocol and the ABS framework;- Identify business opportunities in relevant sectors for transmission to

private potential users (cosmetics, pharmaceuticals, agriculture, horticulture, MAP, non-timber forest and marine products, others.);

- Develop an assistance plan to cooperatives and production associations with a potential role for ABS systems (e.g. MAP, marine and regional agricultural products) including marketing channels, administration methods, bookkeeping, etc.;

- Contribute to design effective mechanisms (e.g. provisions, working capital or sinking funds) to benefit from ABS agreements for the conservation of biodiversity and the sustainable use of its components;




Contribution to the following deliverables:- Options and mobilization plan of endogenous and exogenous financial

resources to implement the Nagoya Protocol and the ABS framework;- Promotion/commercialization strategy of products derived from

biodiversity and genetic resources, for the purpose of valorization and economic development, based upon real cases in the following sectors:


cosmetics, pharmaceuticals, agriculture, horticulture, MAP, non-timber forest and marine products, others;

- Business opportunities in relevant sectors for the valorization of GR (cosmetics, pharmaceuticals, agriculture, horticulture, MAP, non-timber forest and marine products, others.);

- Assistance plan to cooperatives and production associations with a potential role for ABS systems (e.g. MAP, marine and regional agricultural products) including marketing channels, administration methods, bookkeeping, etc..

Selection criteria:- Graduate degree (Master) in economics, environmental economics or

related field with demonstrated experience in economic valorization and financing of biodiversity, and public-private (PPP) partnerships;


- Proven ability to collect, verify and analyze information, as well as to finalize and present research with a high degree of accuracy and technical quality;

- Ability to communication effectively orally and in writing, in order to communicate complex, technical information to both technical and general audiences; knowledge and understanding of ABS decisions and processes;

- Excellent command of French and English is required, knowledge and understanding of ABS decisions and processes is an asset.

National expert on organization and animation of local communities (EN5)

12 Objectives:The consultant plays a key part in the team with regards to the role and rights of local communities, their organization and animation for the protection of traditional knowledge associated with genetic resources in the ABS framework. Assumes a role of resource person regarding all project related activities, notably regarding consultations with local communities and NGOs, to reflect their expectations and propose appropriate measures to strengthen the capacity of civil society and LCs, with particular emphasis on the role of women in relation to ABS. Also performs an animating role in meetings and capacity development activities for local communities regarding the ABS negotiation process.

Main tasks:- Conduct inquiries and group interviews with representatives of local


communities to gather their expectations with regard to the ABS process, in 2 or 3 regions of Morocco to be defined as samples with the project's general coordinators. The surveys' results will serve as the basis for the following tasks:

- Propose special reinforcement capacity measures of local communities, with particular emphasis on the role of women in relation to ABS;

- Ensure the integration of the gender approach in the project's process;- Contribute to develop an assistance plan to cooperatives and production

associations with a potential role for ABS systems (e.g. MAP, marine and regional agricultural products) including marketing channels, administration methods, bookkeeping, etc.;

- Contribute to create a full list of partners involved in GR, especially NGOs and local cooperatives;

- Participate, along the national consultant on TK, to identify and document traditional knowledge, including customary laws and rules of access, subject to the agreement of local communities (CL) concerned;

- Participate in animating workshops along with NGOs and representatives of local communities, to discuss TK protection systems, including PIC and MAT protocols, and gather stakeholders’ feedback, notably from LCs, on the system proposed by the national TK consultant;

- Conduct awareness-raising and capacity reinforcement activities amongst local communities and NGOs;

- Conduct capacity and expertise reinforcement activities and meetings for local communities in terms of negotiation;

- Participate in Assessment of knowledge, skills and practices (KAP) activities targeting specific groups (local authorities and representatives of local communities) to assess end of the project the impact of awareness on the right National APA, the CBD and the Nagoya Protocol;

- Contribute to develop a communication plan on the valorization of GR and implementation of the Nagoya Protocol;

- Contribute to develop a handbook on national genetic resources (socio-economic component), on their characteristics and valorization potential;





Contribution to the following deliverables:- Proposition of appropriate measures to reinforce capacities of local

communities, with particular emphasis on the role of women in relation to ABS;

- Factors and conditions for integrating gender approach in the project's process;

- Brief reports on workshops conducted for training NGOs and LCs representatives;

- Contribute to develop an assistance plan to cooperatives and production associations with a potential role for ABS systems (e.g. MAP, marine and regional agricultural products) including marketing channels, administration methods, bookkeeping, etc.;

- Contribute to create a full list of partners involved in GR, especially NGOs and local cooperatives;

- Contribute to the mapping of current and potential users of traditional knowledge associated to genetic resources, including specific uses;

- Contribute along the TK consultant to the synthesis paper on traditional and local knowledge regarding regional products and the main genetic resources in Morocco;

- Contribute along the TK consultant to the guideline document on the protection of traditional knowledge and appropriate access measures;

- Contribution to the final project report.

Selection criteria:- Preferably a graduate degree (MSc) in coaching groups and

participatory animation in rural environments;- Good knowledge of the CBD and Nagoya Protocol;- Proven experience of accompanying communities in implementing

local development programs and capacity reinforcement of local government representatives;

- Field experience, working with local NGOs, implementation of tools and action plans for good local governance in terms of Public-Private Partnership;

- Ability to work in a multicultural setting, with experience working with partners at all levels (ministries, donors, private sector, NGO's and grassroots community organizations);


- Ability to communication effectively orally and in writing, in order to



National expert on education and public awareness for biodiversity and ABS (EN6)

11 Objectives:This national expert is in charge of participating to the elaboration of the national communication strategy and awareness on ABS, in collaboration with the international consultant responsible for communication. Following the strategy's definition, he takes charge of the effective implementation of activities as defined in the project's output on public awareness. Carry out, along the project's coordinators, the completion of awareness raising campaigns targeting key stakeholders regarding the national ABS framework. Also responsible for activities related to the assessment of knowledge, skills and practices (KAP) targeting specific groups and aiming at assessing the impact of public awareness campaigns on national ABS Law, CBD and Nagoya Protocol.

Main tasks:- Participate in developing the national communication strategy and

awareness on ABS, in collaboration with the international consultant on CEPA / ABS;

- Create the awareness-raising and communication tools on issues related to access and benefit-sharing, ensuring translations in local languages across regions;

- List the objectives and define intended messages, including for the following target groups: policy-makers, members of Parliament and other elected officials, local authorities, general public, scientists and researchers, children / youth at school, local communities, potential users (private and public) international and national, national regulatory and supervisory bodies, customs and enforcement officers, media, magistrates and the judiciary;

- Carry out, along the project's coordinators, the completion of awareness raising campaigns targeting key stakeholders regarding the national ABS framework;

- Ensure the Project Management Unit disseminates the awareness raising and training tools at national, regional and local level, to all actors of the public sector and civil society, through existing communication channels (audio-visual media, print, internet, etc.);

- Participate in the animation of multi-stakeholder workshops at national and regional level, on ABS / TK issues to raise awareness among


stakeholders that well-conducted ABS contracts and bio-prospections can contribute to development and to the national / local conservation program;

- Participate in the animation of training session on Communication and Information to national entities involved on ABS;

- Set out a KAP rating grid (knowledge, skills and practices) by specific group based on awareness-raising and training activities;

- Conduct KAP assessments following trainings organized for different target groups;

- Conduct KAP assessments amongst different types of stakeholders, during the project's 2nd and 3rd years, to verify the level of integration of provisions on fair and equitable sharing of benefits and / or the protection of traditional knowledge in access contracts / agreements for commercial and / or non-commercial use, and the capacities to deal with intellectual property rights;




Contribution to the following deliverables:- National strategy paper on communication and awareness-raising on

ABS, with topic list, calendar, activities, assessment tools and a list of target groups;

- Proposition on awareness-raising and training tools regarding the issues of access and benefit-sharing;

- Reports on media coverage of national events organized by the project;- Assessment reports on knowledge, skills and practices (KAP) targeting

specific groups (researchers, local authorities, relevant industry stakeholders, representatives of local communities) who might use or benefit from ABS transactions, in order to assess the impact of public awareness campaigns on national ABS Law, CBD and Nagoya Protocol;

- Structuring elements of a documentary film on national GR, ABS and their valorization for improving living conditions of local populations;

- Structuring elements for the creation and regular update of the project website;

- Contribution to the final project report.


Selection criteria:- Graduate degree (MSc) in Communication education / awareness on

issues related to environmental protection and sustainable development, with excellent knowledge of the CBD and the Nagoya Protocol;

- Proven experience in communication with institutional officials, civil society, professional associations;

- Proven experience in designing and developing communication tools;- Ability to communication effectively orally and in writing, in order to


National expert on information and database management related to GR and associated TK (EN7)

6 Objectives:This national expert is responsible for design and delivery of the ABS database Management System (DBMS), suited for each type of record and according to needs of use, in cooperation with the project coordinator and the focal point for ABS and the CHM. This DBMS includes, among other things, a system to control the quality and control of data (from surveys or other data sources), a compilation of various databases from different editions and the preparation of a database's user guide.

Main tasks:- Carry out a general data and information review into a database;- Design the databases' structure according to different user needs, in

consultation with the project coordinator and the focal point for ABS and the CHM;

- Databases can be connected or independent, searchable and scalable at will. They will include:

o Laws and regulations on genetic resources, traditional knowledge and intellectual property;

o Registered agreements on access and sharing of benefits arising from the use of traditional associated knowledge;

o The list of existing online databases and records on GR and associated TK in Morocco and abroad;

o Key in situ and ex situ collections of genetic resources existing in Morocco and evaluate the current situation for their medium and long term preservation;

o Depending on information availability, a database of active ingredients and biochemical properties in national genetic resources;


o TK associated to national GR;o Regularly updated list of national ABS experts;

- Preparation of entry screens to reflect Moroccan linguistic specificities;- Preparation of additional screens on newly produced notes;- Implementation of an efficient mechanism to manage misplaced entries

for reconstitution of the database: transfer, reception and base consolidation (country level, region level);

- Implementation of a data security system, to ensure users' autonomy with an initialization and operation software;

- Definition and parametric settings of the whole system to integrate the Moroccan ABS framework;

- Definition and implementation of different editions;- Design and proposition of a system to control data inputs and the

quality of data-surveys, as well as statements' anomalies to edit by survey type for cleansing files;

- Preparation of a database's user guide;- Training assistance of Moroccan PMU and CHM staff on the use of the

BAS Database Management System (DBMS).

Deliverables:- Installation CD of fully functional ABS database management software

in Morocco (4 copies);- Comprehensive Software Guide on: software overall presentation and

architecture, data entry, date update, data edition, misplaced entries management, databases reconstitution, backup management.

Selection criteria:- Have at least a programmer analyst developer degree in Computer

Science;- Have five (5) years minimum experience and relevant references in

DBMS development;- Have proven experience in the design of management software for

public accounting and specifically on communal management;- If possible have good knowledge and command of software on

environmental management.

National expert on inventory and valorization of forest genetic

8 Objective:Specialist researcher in forest genetic resources, and MAP GR in Morocco, with good knowledge of ABS issues. Will work closely with the national expert in genetic resources management (EN3). His role will be to prepare


resources and MAP (EN9)

and analyze data related to the identification component of forest GR and MAP GR that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.

Main tasks:- Contribute to the mapping of institutions/universities conducting

research on forest/genetic resources, and MAP GR in Morocco, particularly on their (bio) chemical composition, their genetic characteristics, their silvopastoral, agronomic, and medical uses, etc. including associated traditional knowledge;

- Contribute to prepare a guideline document on national genetic resources, for forest genetic resources and MAP GR in Morocco, with their characteristics and valorization potential;

- Participate in the design and animation of training sessions scheduled within the capacity building component for various categories of ABS stakeholders, notably on sessions dealing with forest genetic resources and MAP GR in Morocco;


- Work closely with the national expert in GR management and other team members;

- Contribute to the preparation of the final report.


publications and reports) on research related to the country's genetic resources, notably on forest genetic resources and MAP;


- Mapping of institutions/universities conducting research on biological/genetic resources particularly on their (bio) chemical composition, genetic characteristics, agronomic and medical uses, etc. including associated traditional knowledge;

- Training programs on ABS and genetic resources for scientific and technical staff.

Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in biodiversity and

genetic resources, with excellent knowledge of the CBD and Nagoya


Protocol;- Proven experience of conducting research on forest genetic resources

and / or MAP in Morocco;- Proven experience of conducting training sessions and drafting relevant

documents (publications, reports and related documents).

National expert on inventory and valorization of RG for food and agriculture (EN10)

3 Objectives:Specialist researcher in genetic resources of agricultural biodiversity, with good knowledge of ABS issues. Will work closely with the national expert in genetic resources management (EN3). His role will be to prepare and analyze data related to the identification component of food and agricultural GR that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.


research on genetic resources for food and agriculture in Morocco, particularly on their (bio) chemical composition, their genetic characteristics, their agronomic and medical uses, etc. including associated traditional knowledge;

- Contribute to prepare a guideline document on national genetic resources, for food and agriculture in Morocco, with their characteristics and valorization potential;

- Participate in the design and animation of training sessions scheduled within the capacity building component for various categories of ABS stakeholders, notably on sessions dealing with food and agricultural genetic resources in Morocco;


- Work closely with the national expert in GR management and other team members.


publications and reports) on research related to the country's genetic resources, notably on genetic resources for food and agriculture;


- Mapping of institutions/universities conducting research on food and


agricultural biological/genetic resources particularly on their (bio) chemical composition, genetic characteristics, agronomic and medical uses, etc. including associated traditional knowledge;

- Training programs on ABS and genetic resources of agricultural biodiversity for scientific and technical staff.

Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in agronomy,

biodiversity and genetic resources, with excellent knowledge of the CBD and Nagoya Protocol;

- Proven experience of conducting research on genetic resources for food and agriculture in Morocco;

- Proven experience in conducting training sessions and drafting relevant documents (publications, reports and related documents).

National expert on inventory and valorization of marine GR (EN11)

3 Objective:Specialist researcher in genetic resources and marine biodiversity, with good knowledge of ABS issues. Will work closely with the national expert in genetic resources management (EN3). His role will be to prepare and analyze data related to the identification component of marine GR that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.


research on marine genetic resources in Morocco, particularly on their (bio) chemical composition, their genetic characteristics, their cosmetic and medical uses, etc. including associated traditional knowledge;

- Contribute to prepare a guideline document on national genetic resources, for marine genetic resources in Morocco, with their characteristics and valorization potential;

- Participate in the design and animation of training sessions scheduled within the capacity building component for various categories of ABS stakeholders, notably on sessions dealing with marine genetic resources in Morocco;





publications and reports) on research related to the country's genetic resources, notably on marine genetic resources;


- Mapping of institutions/universities conducting research on marine genetic resources particularly on their (bio) chemical composition, genetic characteristics, cosmetic and medical uses, etc. including associated traditional knowledge;

- Training programs on ABS and marine genetic resources for scientific and technical staff.


genetic resources, with excellent knowledge of the CBD and Nagoya Protocol;

- Proven experience of conducting research on biodiversity and marine genetic resources in Morocco;


National expert on inventory and valorization of GR wild and domestic animal genetic resources (EN12)

3 Objectives:Specialist researcher in wild and domestic animal genetic resources, with good knowledge of ABS issues. Will work closely with the national expert in genetic resources management (EN3). His role will be to prepare and analyze data related to the identification component of wild and domestic animal genetic resources that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.


research on wild and domestic animal genetic resources in Morocco, particularly on their (bio) chemical composition, their genetic characteristics, their cosmetic and medical uses, etc. including associated traditional knowledge;

- Contribute to prepare a guideline document on national genetic resources, for wild and domestic animal genetic resources in Morocco,


with their characteristics and valorization potential;- Participate in the design and animation of training sessions scheduled

within the capacity building component for various categories of ABS stakeholders, notably on sessions dealing with wild and domestic animal genetic resources in Morocco;




publications and reports) on research related to the country's genetic resources, notably on wild and domestic animal genetic resources;


- Mapping of institutions/universities conducting research on wild and domestic animal genetic resources, particularly on their (bio) chemical composition, genetic characteristics, cosmetic and medical uses, etc. including associated traditional knowledge;

- Training programs on ABS and wild and domestic animal genetic resources for scientific and technical staff.


genetic resources, with excellent knowledge of the CBD and Nagoya Protocol;

- Proven experience of conducting research on wild and domestic animal genetic resources in Morocco;


National expert on inventory and valorization of GR and microorganisms (EN13)

3 Objectives:Specialist researcher in genetic resources of microorganisms, with good knowledge of ABS issues. Will work closely with the national expert in genetic resources management (EN3). His role will be to prepare and analyze data related to the identification component of microorganisms' genetic resources that may be subject to valorization under the ABS framework. Assumes a resource person role for this type of GR and provides expertise in training workshops on those GR.



research on genetic resources of microorganisms in Morocco, particularly on their (bio) chemical composition, their genetic characteristics, their cosmetic and medical uses, etc. including associated traditional knowledge;

- Contribute to prepare a guideline document on national genetic resources, for microorganisms' genetic resources in Morocco, with their characteristics and valorization potential;

- Participate in the design and animation of training sessions scheduled within the capacity building component for various categories of ABS stakeholders, notably on sessions dealing with genetic resources of microorganisms in Morocco;




publications and reports) on research related to the country's genetic resources, notably on microorganisms;


- Mapping of institutions/universities conducting research on genetic resources of microorganisms, particularly on their (bio) chemical composition, genetic characteristics, cosmetic and medical uses, etc. including associated traditional knowledge;

- Training programs on ABS and microorganisms for scientific and technical staff.

Selection criteria:- Preferably a PhD or a postgraduate degree (MSc) in biological sciences,

biodiversity and genetic resources, with a excellent knowledge of the CBD and Nagoya Protocol;

- Proven experience of conducting research on biodiversity and genetic resources of microorganisms in Morocco;



PART 3: Project Annexes (UNDP / GEF)

UNDP SOCIAL AND ENVIRONMENTAL SCREENING PROCEDURE (SESP)

Annex [1]. Social and Environmental Screening Template

Project InformationProject Information

1. Project Title Developing a national framework on access to and benefit-sharing of genetic resources and traditional knowledge as a strategy to contribute to the conservation and sustainable use of biodiversity in Morocco

2. Project Number 49533. Location (Global/Region/Country) Country : Morocco

Part A. Integrating Overarching Principles to Strengthen Social and Environmental SustainabilityQUESTION 1: How Does the Project Integrate the Overarching Principles in order to Strengthen Social and Environmental Sustainability?

Briefly describe in the space below how the Project mainstreams the human-rights based approach

Human rights are seen to be mainstreamed through his project following several channels. First local populations’ right to benefits that will arise for the utilization of genetic resources will be ensured. As a consequence of benefit sharing, life conditions of targeted populations are expected to be improved, special attention will be given to the most vulnerable categories such as women, youth, elderly and people with special needs. Participation mechanisms will allow for a wide involvement of concerned population into decision making regarding the project design, implementation and evaluation.

Briefly describe in the space below how the Project is likely to improve gender equality and women’s empowerment

In order to ensure development results expected from this project benefit equally to women and men, special attention is given to their participation at all project stages including design, implementation, review and evaluation. Also, project activities are thought to be entry points to promote gender parity, equality and equity mainly through capacity building sessions within targeted areas and communities. In fact, a gender analysis will be conducted at the early stages of project implementation for a better understanding of the social and cultural roles assigned to women and men within the context of genetic resources utilization in Morocco and how they could benefit equally from project outputs and outcomes.

Briefly describe in the space below how the Project mainstreams environmental sustainability

Environmental sustainability will be mainstreamed into project activities, from one side through trainings on sustainable utilization of genetic resources and associated traditional knowledge, and from another side the project under the leadership of the Ministry of environment will allow for genetic resources mainstreaming within the National Strategy of Environment and Sustainable Development and the SDGs agenda in Morocco.


Part B. Identifying and Managing Social and Environmental Risks

QUESTION 2: What are the Potential Social and Environmental Risks?Note: Describe briefly potential social and environmental risks identified in Attachment 1 – Risk Screening Checklist (based on any “Yes” responses).

QUESTION 3: What is the level of significance of the potential social and environmental risks?Note: Respond to Questions 4 and 5 below before proceeding to Question 6

QUESTION 6: What social and environmental assessment and management measures have been conducted and/or are required to address potential risks (for Risks with Moderate and High Significance)?

Risk Description Impact and Probability (1-5)

Significance(Low, Moderate, High)

Comments Description of assessment and management measures as reflected in the Project design. If ESIA or SESA is required note that the assessment should consider all potential impacts and risks.

Risk 1: Genetic resources is linked to a cultural heritage and may not benefit the ones

I = 2P =3

M This is mainly the case of the Argane tree within the Argane biosphere reserve that is a world heritage. The women working with the Argane tree are in the process of being recognized as a Living National Treasure since they are the ones who sustained the process of producing Argane oil and its dietary and cosmetic utilizations for millennia.

A detailed assessment would be recommended at the early implementation stage of this project to have a better understanding of the issue (if women especially would benefit from commercial and other utilizations of genetic resources). An appropriate management response will be then put in place.

Risk 2 : No Culturally appropriate consultations were organized during the preparation phase of this project

I = 2P = 2

L Political sensitivities could arise when defining the status of local populations as per who is considered as being indigenous.

Culturally appropriate consultations will be conducted at early stages of project implementation paving thus the ground towards developing an enabling ABS legal and institutional framework inclusive of the local populations and their development realities.

[add additional rows as needed]QUESTION 4: What is the overall Project risk categorization?

Select one (see SESP for guidance) CommentsLow Risk ☐

Moderate Risk X The overall risk of the current project is estimated to be moderate. A risk assessment study will be undertaken at early stages of project implementation to find out risk-informed recommendations to enable an appropriate mitigation response.


http://www.undp.org/content/undp/en/home/librarypage/operations1/undp-social-and-environmental-screening-procedure.html

High Risk ☐QUESTION 5: Based on the identified risks and risk categorization, what requirements of the SES are relevant?

Check all that apply Comments

Principle 1: Human Rights ☐Principle 2: Gender Equality and Women’s

Empowerment X☐

Project developer to incorporate sex-disaggregated data and gender sensitive indicators into project document. Also, conduct a gender analysis and ensure follow up actions as recommended

1. Biodiversity Conservation and Natural Resource Management ☐

2. Climate Change Mitigation and Adaptation ☐3. Community Health, Safety and Working Conditions ☐4. Cultural Heritage X

☐Relevant assessment to be conducted at early implementation stage

5. Displacement and Resettlement ☐6. Indigenous Peoples X

☐Relevant assessment to be conducted at early implementation stage

7. Pollution Prevention and Resource Efficiency ☐

Final Sign Off

Signature Date DescriptionQA Assessor UNDP staff member responsible for the Project, typically a UNDP Programme Officer. Final signature

confirms they have “checked” to ensure that the SESP is adequately conducted.

QA Approver UNDP senior manager, typically the UNDP Deputy Country Director (DCD), Country Director (CD), Deputy Resident Representative (DRR), or Resident Representative (RR). The QA Approver cannot also be the QA Assessor. Final signature confirms they have “cleared” the SESP prior to submittal to the PAC.

PAC Chair UNDP chair of the PAC. In some cases PAC Chair may also be the QA Approver. Final signature confirms that the SESP was considered as part of the project appraisal and considered in recommendations of the PAC.


SESP ATTACHMENT 1. SOCIAL AND ENVIRONMENTAL RISK SCREENING CHECKLIST

Checklist Potential Social and Environmental RisksPrinciples 1: Human Rights

Answer (Yes/No)

1. Could the Project lead to adverse impacts on enjoyment of the human rights (civil, political, economic, social or cultural) of the affected population and particularly of marginalized groups? No

2. Is there a likelihood that the Project would have inequitable or discriminatory adverse impacts on affected populations, particularly people living in poverty or marginalized or excluded individuals or groups? 1 No

3. Could the Project potentially restrict availability, quality of and access to resources or basic services, in particular to marginalized individuals or groups? No

4. Is there a likelihood that the Project would exclude any potentially affected stakeholders, in particular marginalized groups, from fully participating in decisions that may affect them? No

5. Are there measures or mechanisms in place to respond to local community grievances? No

6. Is there a risk that duty-bearers do not have the capacity to meet their obligations in the Project? No

7. Is there a risk that rights-holders do not have the capacity to claim their rights? No

8. Have local communities or individuals, given the opportunity, raised human rights concerns regarding the Project during the stakeholder engagement process?

No

9. Is there a risk that the Project would exacerbate conflicts among and/or the risk of violence to project-affected communities and individuals?

No

Principle 2: Gender Equality and Women’s Empowerment

1. Is there a likelihood that the proposed Project would have adverse impacts on gender equality and/or the situation of women and girls?

No

2. Would the Project potentially reproduce discriminations against women based on gender, especially regarding participation in design and implementation or access to opportunities and benefits?

No

3. Have women’s groups/leaders raised gender equality concerns regarding the Project during the stakeholder engagement process and has this been included in the overall Project proposal and in the risk assessment?

No

3. Would the Project potentially limit women’s ability to use, develop and protect natural resources, taking into account different roles and positions of women and men in accessing environmental goods and services?For example, activities that could lead to natural resources degradation or depletion in communities who depend on these resources for their livelihoods and well being

No

Principle 3: Environmental Sustainability: Screening questions regarding environmental risks are encompassed by the specific Standard-related questions below

Standard 1: Biodiversity Conservation and Sustainable Natural Resource Management

1.1 Would the Project potentially cause adverse impacts to habitats (e.g. modified, natural, and critical habitats) and/or ecosystems and ecosystem services?

For example, through habitat loss, conversion or degradation, fragmentation, hydrological changes

No

1.2 Are any Project activities proposed within or adjacent to critical habitats and/or environmentally sensitive areas, including legally protected areas (e.g. nature reserve, national park), areas proposed for protection, or No

1 Prohibited grounds of discrimination include race, ethnicity, gender, age, language, disability, sexual orientation, religion, political or other opinion, national or social or geographical origin, property, birth or other status including as an indigenous person or as a member of a minority. References to “women and men” or similar is understood to include women and men, boys and girls, and other groups discriminated against based on their gender identities, such as transgender people and transsexuals.


recognized as such by authoritative sources and/or indigenous peoples or local communities?

1.3 Does the Project involve changes to the use of lands and resources that may have adverse impacts on habitats, ecosystems, and/or livelihoods? (Note: if restrictions and/or limitations of access to lands would apply, refer to Standard 5)

No

1.4 Would Project activities pose risks to endangered species? No

1.5 Would the Project pose a risk of introducing invasive alien species? No

1.6 Does the Project involve harvesting of natural forests, plantation development, or reforestation? No

1.7 Does the Project involve the production and/or harvesting of fish populations or other aquatic species? No

1.8 Does the Project involve significant extraction, diversion or containment of surface or ground water?For example, construction of dams, reservoirs, river basin developments, groundwater extraction

No

1.9 Does the Project involve utilization of genetic resources? (e.g. collection and/or harvesting, commercial development)

No

1.10 Would the Project generate potential adverse transboundary or global environmental concerns? No

1.11 Would the Project result in secondary or consequential development activities which could lead to adverse social and environmental effects, or would it generate cumulative impacts with other known existing or planned activities in the area?For example, a new road through forested lands will generate direct environmental and social impacts (e.g. felling of trees, earthworks, potential relocation of inhabitants). The new road may also facilitate encroachment on lands by illegal settlers or generate unplanned commercial development along the route, potentially in sensitive areas. These are indirect, secondary, or induced impacts that need to be considered. Also, if similar developments in the same forested area are planned, then cumulative impacts of multiple activities (even if not part of the same Project) need to be considered.

No

Standard 2: Climate Change Mitigation and Adaptation

2.1 Will the proposed Project result in significant2 greenhouse gas emissions or may exacerbate climate change? No

2.2 Would the potential outcomes of the Project be sensitive or vulnerable to potential impacts of climate change?

No

2.3 Is the proposed Project likely to directly or indirectly increase social and environmental vulnerability to climate change now or in the future (also known as maladaptive practices)?For example, changes to land use planning may encourage further development of floodplains, potentially increasing the population’s vulnerability to climate change, specifically flooding

No

Standard 3: Community Health, Safety and Working Conditions

3.1 Would elements of Project construction, operation, or decommissioning pose potential safety risks to local communities?

No

3.2 Would the Project pose potential risks to community health and safety due to the transport, storage, and use and/or disposal of hazardous or dangerous materials (e.g. explosives, fuel and other chemicals during construction and operation)?

No

3.3 Does the Project involve large-scale infrastructure development (e.g. dams, roads, buildings)? No

3.4 Would failure of structural elements of the Project pose risks to communities? (e.g. collapse of buildings or infrastructure)

No

3.5 Would the proposed Project be susceptible to or lead to increased vulnerability to earthquakes, subsidence, landslides, erosion, flooding or extreme climatic conditions?

No

3.6 Would the Project result in potential increased health risks (e.g. from water-borne or other vector-borne No

2 In regards to CO2, ‘significant emissions’ corresponds generally to more than 25,000 tons per year (from both direct and indirect sources). [The Guidance Note on Climate Change Mitigation and Adaptation provides additional information on GHG emissions.]


diseases or communicable infections such as HIV/AIDS)?

3.7 Does the Project pose potential risks and vulnerabilities related to occupational health and safety due to physical, chemical, biological, and radiological hazards during Project construction, operation, or decommissioning?

No

3.8 Does the Project involve support for employment or livelihoods that may fail to comply with national and international labor standards (i.e. principles and standards of ILO fundamental conventions)?

No

3.9 Does the Project engage security personnel that may pose a potential risk to health and safety of communities and/or individuals (e.g. due to a lack of adequate training or accountability)?

No

Standard 4: Cultural Heritage

4.1 Will the proposed Project result in interventions that would potentially adversely impact sites, structures, or objects with historical, cultural, artistic, traditional or religious values or intangible forms of culture (e.g. knowledge, innovations, practices)? (Note: Projects intended to protect and conserve Cultural Heritage may also have inadvertent adverse impacts)

No

4.2 Does the Project propose utilizing tangible and/or intangible forms of cultural heritage for commercial or other purposes?

Yes

Standard 5: Displacement and Resettlement

5.1 Would the Project potentially involve temporary or permanent and full or partial physical displacement? No

5.2 Would the Project possibly result in economic displacement (e.g. loss of assets or access to resources due to land acquisition or access restrictions – even in the absence of physical relocation)?

No

5.3 Is there a risk that the Project would lead to forced evictions?3 No

5.4 Would the proposed Project possibly affect land tenure arrangements and/or community based property rights/customary rights to land, territories and/or resources?

No

Standard 6: Indigenous Peoples

6.1 Are indigenous peoples present in the Project area (including Project area of influence)? No

6.2 Is it likely that the Project or portions of the Project will be located on lands and territories claimed by indigenous peoples?

No

6.3 Would the proposed Project potentially affect the rights, lands and territories of indigenous peoples (regardless of whether Indigenous Peoples possess the legal titles to such areas)?

No

6.4 Has there been an absence of culturally appropriate consultations carried out with the objective of achieving FPIC on matters that may affect the rights and interests, lands, resources, territories and traditional livelihoods of the indigenous peoples concerned?

Yes

6.4 Does the proposed Project involve the utilization and/or commercial development of natural resources on lands and territories claimed by indigenous peoples?

No

6.5 Is there a potential for forced eviction or the whole or partial physical or economic displacement of indigenous peoples, including through access restrictions to lands, territories, and resources?

No

6.6 Would the Project adversely affect the development priorities of indigenous peoples as defined by them? No

6.7 Would the Project potentially affect the traditional livelihoods, physical and cultural survival of indigenous peoples?

No

6.8 Would the Project potentially affect the Cultural Heritage of indigenous peoples, including through the commercialization or use of their traditional knowledge and practices?

No

3 Forced evictions include acts and/or omissions involving the coerced or involuntary displacement of individuals, groups, or communities from homes and/or lands and common property resources that were occupied or depended upon, thus eliminating the ability of an individual, group, or community to reside or work in a particular dwelling, residence, or location without the provision of, and access to, appropriate forms of legal or other protections.


Standard 7: Pollution Prevention and Resource Efficiency

7.1 Would the Project potentially result in the release of pollutants to the environment due to routine or non-routine circumstances with the potential for adverse local, regional, and/or transboundary impacts?

No

7.2 Would the proposed Project potentially result in the generation of waste (both hazardous and non-hazardous)?

No

7.3 Will the proposed Project potentially involve the manufacture, trade, release, and/or use of hazardous chemicals and/or materials? Does the Project propose use of chemicals or materials subject to international bans or phase-outs?For example, DDT, PCBs and other chemicals listed in international conventions such as the Stockholm Conventions on Persistent Organic Pollutants or the Montreal Protocol

No

7.4 Will the proposed Project involve the application of pesticides that may have a negative effect on the environment or human health?

No

7.5 Does the Project include activities that require significant consumption of raw materials, energy, and/or water?

No


TRACKING TOOL FOR BIODIVERSITY PROJECTS IN GEF- 4 AND GEF-5- (OBJECTIVE 4 –ABS / BETA VERSION)

Tracking Tool for Biodiversity Projects in GEF-4 and GEF-5

Objective 4: Build Capacity for the Implementation of the Nagoya Protocol on Access and Benefit Sharing (ABS)

Objective: To measure progress in achieving the impacts and outcomes established at the portfolio level under the biodiversity focal area. Rationale: Project data from the GEF-4 and GEF-5 project cohort will be aggregated for analysis of directional trends and patterns at a portfolio-wide level to inform the development of future GEF strategies and to report to GEF Council on portfolio-level performance in the biodiversity focal area. Structure of Tracking Tool: Each tracking tool requests background and coverage information on the project and specific information required to track portfolio level indicators in the GEF-5 strategy. Guidance in Applying GEF Tracking Tools: GEF tracking tools are applied three times: at CEO endorsement, at project mid-term, and at project completion. Submission: The finalized tracking tool will be cleared by the GEF Agencies as being correctly completed.Important: Please read the Guidelines posted on the GEF website before entering your data

I. General Data Please indicate your answer here Notes

Project Title

Developing a national framework on access to and benefit-sharing of genetic resources and

traditional knowledge as a strategy to contribute to the conservation and sustainable use of

biodiversity in Morocco

GEF Project ID 5605

Agency Project ID 4953

Implementing Agency UNDPProject Type MSP FSP or MSP

Country Morocco

Region Arab States / North AfricaDate of submission of the tracking tool January 22, 2015 Month DD, YYYY (e.g., May 12, 2010)

Name of reviewers completing tracking tool and completion date

Mustapha Madbouhi, ABS-FP Morocco. Ahmed Birouk, ABS national expert consultant. Olivier Rukundo, ABS international expert GIZ. Yves de

Soye, UNDP-GEF RTA. Completion Date


Planned project duration 3 Years

Actual project duration Years

Lead Project Executing Agency (ies) UNDP

Date of Council/CEO Approval PIF approval : November 19, 2013 Month DD, YYYY (e.g., May 12, 2010)

GEF Grant (US$) 812 785

Cofinancing expected (US$) 1 400 000

II. For each question please identify any intended actions that will improve the implementation of the Nagoya Protocol

IssuePlease select your score from drop down menu

Scoring Criteria

Capacity to ratify and implement basic measures of the NP

Comment Next Steps

1) Has the country carried out a stocktaking and assessment of ABS issues including legal framework and institutional capacity to develop and implement the Nagoya Protocol?

1

0: The country has not carried out a stocktaking and assessment on either the legal or institutional capacity on ABS 1: The country has carried out an assessment and stocktaking of the legal framework 2: The country has carried out an assessment and stocktaking of both legal and institutional capacity. 3: The country has carried out the assessment and stocktaking and is using it to advance the national ABS agenda

Analysis of the ABS legal framework and capacity building needs for diverse areas. The legal analysis needs to be developed.

Execution of Component 4 contributes to the stocktaking and institutional assessment of ABS issues in the country

2) Did the country sign and ratify the Nagoya Protocol? 1

0: The country has not signed or ratified (accession) the protocol.1: The country has only signed the Protocol.2: The country has accessed the protocol (i.e. signing and ratifying).3: The country is preparing an action plan for implementation of basic measures of the Nagoya Protocol

The Nagoya Protocol has been adopted by the Parliament and published in the Official Bulletin, The ratification is at the last step (deposit at UN services)

3) Is there a national legal and regulatory framework governing ABS?

0

0: The legal and regulatory framework has not been developed 1: The country is developing a legal framework on ABS2: The country has a legal framework ready for approval by the legislature. 3: The country has a legal and regulatory framework that has full force and is ready to be linked to the administrative system.

4) Is there a communications and public awareness plan to explain

1 0: Little or no official information on ABS or the Nagoya Protocol is available to the general public 1: Information on ABS and the Nagoya Protocol is available to specialized

Information on ABS issues is available upon request. It does not


the Nagoya protocol , including challenges and opportunities for users and providers of genetic resources?

audiences 2: Information on ABS and the Nagoya Protocol is widely available and a communication and awareness campaign is being designed 3: A formal communications and awareness plan is fully developed and operational

include Nagoya Protocol information, as the Protocol has not been ratified.

Capacity to administer the measures of the Nagoya Protocol

Comment Next Steps

5) Have the National Focal Point and Competent National Authority (ies) been designated and have the capacity to facilitate and administer the implementation of the protocol?

0

0: The country has no National Focal Point or Competent Authority 1: The National Focal Point and Competent Authority(es) have been designated but not operational. 2: The structure of the Administrative Systems, including the National Focal Point and Competent Authority(es) is under development3: The competent National Authorities have the human and technical resources necessary to administer the implementation of the NP

The Ministry in charge of Environment is the focal point for ABS issues. The official Focal Point of the NP will be designated after completion of the ratification process.

:

6) Are there clear administrative procedures for users and providers of genetic resources to develop and implement ABS agreements with proper Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and Benefit Sharing (BS)?

0

0: The country does not have the administrative procedures to develop and implement ABS agreements with PIC, MAT and BS.1: The country is developing the administrative procedures for user and providers to engage in ABS agreements under the provisions of the Nagoya Protocol. 2: The country has sufficient administrative procedures to facilitate ABS agreements but have not been deployed by the administrators3: The country has all administrative procedures available to develop ABS agreements.

At present, there are only administrative procedures for access for research purposes, but no ABS agreements with PIC, MAT and BS.

7) Is there installed capacity to monitor compliance with the protocol and the utilization of genetic resources, including the designation of one or more checkpoints and directing benefits toward conservation and sustainable use of biodiversity?

0

0: The monitoring systems are up and running, including designated check points1: There are check points designated but not monitoring systems in place.2: The check points and monitoring systems, linked to the administration are ready to be used3: There is full capacity to monitor the compliance with the NP, including directing benefits toward the conservation and sustainable use of the biological resources.

At present, Check points are only associated with the permits for us of forest products,

Capacity of countries to develop their endogenous research capabilities to add value to their own genetic

Comment Next Steps


resources

8) Is there institutional capacity to carry out the research and development associated with the valorization of genetic resources?

2

0: There is no capacity for research and development associated with the valorization of genetic resources.1: The institutional capacity to carry-out research and development is under development2: Though basic institutional capabilities (i.e. laboratories and research centers) are being used in at least initial stages of R&D.3: The country has advanced capabilities for research and development and is engaged with technology transfer with partner institutions

Academy and Governmental Institutes have the human capacity for R&D, but financial resources and ABS initiatives are still limiting.

:

9) Is there capacity for the identification of commercial value of genetic resources , and to develop, update and maintain databases on genetic resources?

1

0: There is no institutional or human capacity to engage in the identification of potential commercial value of genetic resources. No data bases available1: There is basic capacity to engage in the identification of commercial value of genetic resources, including testing data bases.2: There is advanced capacity to work on the identification of commercial value of genetic resources including basic data bases.3: There is full capacity for the identification of commercial value of genetic resources and the data bases are operational.

No data base is available yet on commercial value of genetic resources

Capacity needs and priorities of indigenous and local communities and other relevant stakeholders

Comment Next Steps

10) Do Indigenous and Local Communities (ILCOs) have the information to understand the challenges and opportunities that the NP has to offer and to actively engage in ABS agreements?

0

0: The ILCOs do not have the information to understand the challenges and opportunities that the NP has to offer and to active engage in ABS agreements? 1: The ILCOs have the necessary documentation to understand the NP but have not used it to engage in ABS agreements.

2: The ILCOs have the necessary information and are being trained on the challenges and opportunities that the NP has to offer. No ABS agreements yet.3: The ILCOs have the necessary information and training on the NP and are engaged in developing ABS agreements.

The information of Local Communities is a part of the ABS project and cannot be generalized for all ILCOs.

11) Are there model contractual clauses to obtain Prior Informed Consent (PIC) for the utilization of genetic resources and associated Traditional Knowledge (TK)?

0

0: There are no model contractual clauses to obtain Prior Informed Consent (PIC) for the utilization of genetic resources and associated TK.1: The contractual models to obtain PIC for the utilization of genetic resources and associated TK are being developed for at least some ILCOs2: The contractual models are being tests on pilot projects on ABS agreements3: The contractual models are widely available and used as part of ABS agreements


12) Are there minimum requirements for Mutually Agreed Terms (MAT) to secure fair and equitable sharing of benefits arising from the utilization of TK associated with genetic resources?

0

0: There are no requirements for Mutually Agreed Terms (MAT) to secure fair and equitable sharing of benefits arising from the utilization of TK.1: The requirements for MAT associated with TK are being developed.2: The requirements for MAT are being tested with some pilot projects on ABS agreements.3: The requirements are being used widely and in conjunction with PIC and benefit sharing clauses.

13) Are there model contractual clauses for benefit-sharing arising from the utilization of TK associated with genetic resources?

0

0: There are no model contractual clauses for benefit-sharing arising from the utilization of TK associated with genetic resources.1: The contractual models for benefit-sharing are being developed.2: The contractual models are being tested on pilot projects on ABS agreements3: The contractual models are widely available and used as part of ABS agreements in conjunction with PIC and MAT clauses.

III. Questions for projects developing and implementing ABS agreements

IssuePlease select your score from drop down menu

Scoring Criteria Comment Next Steps:

1) Have the users of genetic resources obtained Prior Informed Consent to the access and use of genetic resources?

0

0: The project does not have PIC yet1: The users of genetic resources are working with the providers to obtain PIC2: The project has Prior Informed Consent for the users to access the genetic resources

2) Are there Mutually Agreed Terms (MAT) between users and providers of genetic resources?

00: The project does not have MAT yet1: The users and providers of genetic resources are working on the MAT2: There are MAT between users and providers of genetic resources project

3) Are the monetary and non-monetary benefits derived from access and utilization of genetic resources clearly stated in the ABS agreement?

0(no ABS agreements

yet)

0: The project does not have Benefit Sharing clauses yet1: The users and providers of genetic resources are working on the Benefit Sharing clauses2: There are clear Benefits for users and providers for the access and use of genetic resources.

4) Is the project in line with relevant sub-national laws and regulations including those established and enforced by Indigenous and Local Communities (ILCOs)?

2(the project is in

compliance regarding existing

laws and regulations, yet will work

0: The project is not in compliance with sub-national laws and regulations including those of the ILCOs1: The project is working towards compliance with these laws and regulations2: The project is in compliance with these laws and regulations


towards compliance of future ABS laws &

regulations)


NATIONAL ABS INSTITUTIONAL CAPACITY SCORECARD

Strategic Area of Support Issue Scorecard Initial

Evaluation Evaluative Comments

1. Capacity to conceptualize and formulate policies, laws, strategies and programmes

The Access and Benefit-Sharing (ABS) agenda is being effectively championed / driven forward

0 -- There is essentially no ABS agenda;1 -- There are some persons or institutions actively pursuing an ABS agenda but they have little effect or influence;2 -- There are a number of ABS champions that drive the ABS agenda, but more is needed;3 -- There are an adequate number of able "champions" and "leaders" effectively driving forwards an ABS agenda

2 The National ABS Focal (NFP) is quite active and technically competent on issues related to the Nagoya Protocol. He does have the ability, on the technical front, to drive the agenda forward but more champions are needed at the political level to ensure wider government buy in and support.

There is a legally designated institution(s) responsible for ABS with the capacity to develop a national ABS framework (i.e., laws, policies and/or regulations)

0 -- There is no institution(s) responsible for ABS;1 – The institution(s) has financial resources but has limited personnel and expertise;2 – The institution(s) has financial resources and personnel but limited expertise;3 – The institution(s) has sufficient financial resources, personnel and expertise.

2 The Ministère Délégué chargé de l'Environnement (Ministère de l'Énergie, des Mines, de l'Eau et de l'Environnement MEMEE is the institution in charge of issues related to the CBD and the Nagoya Protocol. It is this Ministry that is overseeing all activities related to the implementation of the Nagoya Protocol in Morocco. Though, as mentioned above, the ABS NFP is quite active and technically conversant on issues related to ABS, there are very few other people in this Ministry who have the same ability/knowledge.

2. Capacity to implement policies, legislation, strategies and programmes

There is a legally designated ABS institution(s) responsible for ABS that can facilitate the implementation of the national ABS framework.

0 – The institution(s) does not have the financial resources, personnel, and planning/management skills;1 – The institution(s) has financial resources but has limited personnel and planning/management skills;2 – The institution(s) has financial resources and personnel but limited planning/management skills;3 – The institution(s) has sufficient financial resources, personnel and planning/management skills.

2 As noted above, the designated institution is the Ministère Délégué chargé de l'Environnement (Ministère de l'Énergie, des Mines, de l'Eau et de l'Environnement –MEMEE. It has to be noted that there is limited human and financial capacity within the Ministry and that the Ministry does, at this juncture, heavily depend on outside support (both technical and financial support) to undertake all the activities related to the implementation of the Nagoya Protocol.

The ABS institution (s) is effectively led

0 – The ABS institution(s) has a total lack of leadership;1 – The ABS institution(s) has weak leadership and provides little guidance;2 – The ABS institution(s) has a reasonably strong leadership but there is still need for improvement;3 – The ABS institution(s) is effectively led

2 There is definitely some degree of leadership within the Ministry and the Minister has shown some interest in advancing the national implementation of the Nagoya Protocol in Morocco. A new Unit within the recently (November 2014) been created and this Unit will allegedly be in charge of overseeing all activities related to the implementation of the Nagoya Protocol. This will provide further traction to the on-going efforts towards the implementation of the NP in Morocco

Human resources for ABS management are

0 -- Human resources are poorly qualified and unmotivated;

2 Human resources starting from the ABS NFP are generally qualified and motivated.




well qualified and motivated

1 -- Human resources qualification is spotty, with some well qualified, but many only poorly and in general unmotivated;2 – Human Resources in general reasonably qualified, but many lack in motivation, or those that are motivated are not sufficiently qualified;3 -- Human resources are well qualified and motivated.

The ABS institution(s) is audited and publicly accountable

0 – The ABS institution(s) is not being held accountable and not audited;1 – The ABS institution(s) is occasionally audited without being held publicly accountable;2 – The ABS institution(s) is regularly audited and there is a fair degree of public accountability but the system is not fully transparent;3 – The ABS institution(s) is highly fully audited, and publicly accountable.

NA No information on this is available

Enforcement of ABS regulations

0 -- No enforcement of regulations is taking place;1 -- Some enforcement of regulations is taking place but it is largely ineffective;2 -- ABS regulations are regularly enforced but are not fully effective;3 -- ABS regulations are highly effectively enforced.

0 There is no enforcement as there is still no legal framework or national measures in place to regulate ABS in the country. A law is in the process of being developed.

Individuals are able to advance and develop professionally

0 -- No career tracks are developed and no training opportunities are provided;1 -- Career tracks are weak and training possibilities are few and not managed transparently;2 -- Clear career tracks developed and training available; HR management however has inadequate performance measurement system;3 -- Individuals are able to advance and develop professionally.

NA No information on this is available.

Individuals are appropriately skilled for their jobs

0 -- Skills of individuals do not match job requirements;1 -- Individuals have some or poor skills for their jobs;2 -- Individuals are reasonably skilled but could further improve for optimum match with job requirement;3 -- Individuals are appropriately skilled for their jobs

2 The individuals who oversee the implementation of the Protocol in Morocco (including the NFP and the national consultants/experts) have the requisite skills to effectively undertake this mandate

Individuals are highly motivated

0 -- No motivation at all;1 -- Motivation uneven, some are but most are not;2 -- Many individuals are motivated but not all;3 -- Individuals are highly motivated

2 As noted above, the ABS NFP is quite dynamic and there are certainly others in the Ministry who can technically assist him in carrying out his mandate. Political will has to be enhanced to back and validate




the efforts of the NFP at the political levelThere are appropriate mechanisms of training, mentoring, and learning in place to maintain a continuous flow of new staff

0 -- No mechanisms exist;1 -- Some mechanisms exist but unable to develop enough and unable to provide the full range of skills needed;2 -- Mechanisms generally exist to develop skilled professionals, but either not enough of them or unable to cover the full range of skills required;3 -- There are mechanisms for developing adequate numbers of the full range of highly skilled ABS professionals

NA There is no readily available information on internal structures and mechanisms for training, mentoring, and learning. It can however be noted that there has been quite a bit of training and capacity building activities undertaken by partners such as GIZ and the ABS Capacity Development Initiative. Moroccan officials have and continue to benefit from these activities as they are almost always invited to participate.

3. Capacity to engage and build consensus among all stakeholders

ABS has the political commitment

0 -- There is no political will at all, or worse, the prevailing political will runs counter to the interests of ABS;1 -- Some political will exists, but is not strong enough to make a difference;2 -- Reasonable political will exists, but is not always strong enough to fully support ABS;3 -- There are very high levels of political will to support ABS.

2 Reasonable political will exists, but is not always strong enough to fully support ABS. It can be noted that this situation is likely to improve as the Minister has shown some interest and revolve to advance the implementation of the Nagoya Protocol. There is thus some level of political will and it is very likely that the situation will further improve as the process of implementation advances.

Degree of public support on ABS issues

0 -- The public has little interest in ABS and there is no significant lobby for ABS;1 -- There is limited support for ABS;2 -- There is general public support for ABS and there are various lobby groups strongly pushing them;3 -- There is tremendous public support in the country for ABS.

2 Generally, one can say that there is a general support from the public for ABS. Activities have been undertaken to raise the awareness of various stakeholders ( local and indigenous communities, research and private sector and government representatives). There is evidently a need to continue and scale up these types of activities, as ABS is still a new issue in the eyes of the majority of these stakeholders. There is also limited technical understanding of ABS related issues among the majority of stakeholders.

The ABS institution(s) is mission oriented

0 -- Institutional mission is not defined;1 -- Institutional mission is poorly defined and generally not known and internalized at all levels;2 -- Institutional mission well defined and internalized but not fully embraced;3 – Institutional mission is fully internalized and embraced.

2 Institutional mission is well defined for the primary purpose of overseeing the general implementation of the NP in Morocco. However, more work is needed to put in place an effective national competent authority or various authorities to discharge the functions and responsibilities envisaged under the NP. This will involve quite a bit of inter-agency/ministry coordination. This should be a key priority in the national implementation agenda

The ABS institution(s) can facilitate the

0 – The ABS institution(s) operate in isolation;1 – The ABS institution(s) has facilitated some

1 There have been limited partnerships as it is still too early in the process of implementation. As noted above,




partnerships needed to achieve its objectives

partnerships but significant gaps and existing partnerships achieve little;2 – The ABS institution(s) has facilitated many partnerships with a wide range of national and local agencies, private sector and NGOs but there are some gaps and partnerships, are not always effective and do not always enable efficient achievement of ABS objectives;3 – The ABS institution(s) has facilitated effective partnerships with national and local agencies, private sector and NGOs to enable achievement of ABS objectives in an efficient and effective manner.

this process will necessarily entail some further thinking on how to foster appropriate coordination mechanisms and partnerships at the institutional level to advance the implementation of the NP.

4. Capacity to mobilize information and knowledge

The ABS institution(s) has the information it needs to enforce the national legal/policy ABS framework and to facilitate ABS deals

0 -- Information is virtually lacking;1 – The ABS institution(s) has access to some information, but is of poor quality, is of limited usefulness, or is very difficult to access;2 – The ABS institution(s) has access to a lot of information which is mostly of good quality, but there remain some gaps in quality, coverage and availability;3 – The ABS institution(s) has the information it needs to enforce the national legal/policy framework and facilitate ABS deals.

2 Thanks to the support provided by various partners, a lot of information on ABS has been produced and disseminated among various institutions and stakeholders. There are obviously some gaps notably as to ensuring that the available information on ABS is effectively tailored to the national context so as to make it more readily accessible to all stakeholders.

Individuals from the ABS institution(s) work effectively together as a team

0 -- Individuals work in isolation and don't interact;1 -- Individuals interact in limited way and sometimes in teams but this is rarely effective and functional;2 -- Individuals interact regularly and form teams, but this is not always fully effective or functional;3 -- Individuals interact effectively and form functional teams.

2 From initial observations, there seem to be a good level of teamwork among individuals who work on ABS in the different institutions. The ABS NFP is currently in the driving seat of this process

5. Capacity to monitor, evaluate, report and learn

There is a legally designated institution(s) responsible for ABS and able to update the ABS national framework

0 – The institution(s) does not have the financial resources, personnel, and expertise;1 – The institution(s) has financial resources but has limited personnel and expertise;2 – The institution(s) has financial resources and personnel but limited expertise;3 – The institution(s) has sufficient financial resources, personnel and expertise.

0 It is quite evident that there are no or very limited financial resources allocated to the implementation of the NP from the government/ ministry budget. There is a heavy reliance on outside assistance as the majority of activities on ABS are funded by outside partners/donors.

ABS policy or law is continually reviewed and updated

0 -- There is no policy or law or it is old and not reviewed regularly;1 -- Policy or law is only reviewed at irregular intervals;2 – Policy or law is reviewed regularly but not

0 At this juncture, there is no ABS law or policy in place.




annually;3 -- Policy or law is reviewed annually.

Society monitors ABS projects

0 -- There is no dialogue at all;1 -- There is some dialogue going on, but not in the wider public and restricted to specialized circles;2 -- There is a reasonably open public dialogue going on but certain issues remain taboo;3 -- There is an open and transparent public dialogue about the state of the ABS projects.

1 There is some dialogue but this dialogue is very resource- specific. There have been some discussions on the Argan Oil where linkages with ABS have been widely discussed.

Institutions are highly adaptive, responding effectively and immediately to change promoted by implementation of the national ABS framework (i.e., laws, policies and/or regulations).

0 – There is no implementation of the national ABS framework at the moment;1 -- Institutions do change but only very slowly;2 -- Institutions tend to adapt in response to change but not always very effectively or with some delay;3 -- Institutions are highly adaptive, responding effectively and immediately to change.

0 As there is no ABS framework in place, there is no implementation of the national ABS framework at the moment

The ABS institution(s) has effective internal mechanisms for monitoring, evaluation, reporting and learning on ABS projects

0 -- There are no mechanisms for monitoring, evaluation, reporting or learning;1 -- There are some mechanisms for monitoring, evaluation, reporting and learning but they are limited and weak;2 -- Reasonable mechanisms for monitoring, evaluation, reporting and learning are in place but are not as strong or comprehensive as they could be;3 -- Institutions have effective internal mechanisms for monitoring, evaluation, reporting and learning.

0 There are, to my knowledge, no such mechanisms in place

Individuals from ABS institutions are adaptive and continue to learn

0 -- There is no measurement of performance or adaptive feedback;1 -- Performance is irregularly and poorly measured and there is little use of feedback;2 -- There is significant measurement of performance and some feedback but this is not as thorough or comprehensive as it might be;3 -- Performance is effectively measured and adaptive feedback utilized

NA There is no readily available information on this.

TOTAL SCORE 26


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