OIE Sub-Regional Training Seminar on Veterinary Legislation Botswana National Veterinary Laboratory, Sebele, Gaborone (Botswana)

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Dr. Patrick Bastiaensen OIE Sub-Regional Representation Southern Africa Dr. Marie Edan OIE Regional Activities Department Performance of Veterinary Services Outcomes of PVS missions conducted in SADC Member States from 2007 2010. OIE Sub-Regional Training Seminar on Veterinary Legislation Botswana National Veterinary Laboratory, Sebele, Gaborone (Botswana)

BW : Botswana (conducted in March 2010, report validated in December 2010) DC : D.R. Congo (conducted in July 2007, report validated in June 2008) LS : Lesotho (conducted in June 2007, report validated in March 2008) MG : Madagascar (conducted in June 2007, report validated in February 2008) MW : Malawi (conducted in June 2007, report validated in February 2008) MU : Mauritius (conducted in January 2009, report validated in May 2009) MZ : Mozambique (conducted in January 2008, report validated in March 2009) NA : Namibia (conducted in August 2008, report validated in April 2009) SZ : Swaziland (conducted in September 2007, report validated in August 2009) SC : Seychelles (conducted in July 2011) TZ : Tanzania (conducted in June 2008, report validated in December 2008) ZM: Zambia (conducted in July 2008, report validated in March 2009) ZW : Zimbabwe (conducted in August 2009)

Fundamental components (4) Human, physical and financial resources Technical authority and capability Interaction with stakeholders Market access

Critical competencies (46) Market access Preparation of regulations Implementation of regulations and stakeholder compliance harmonisation certification

Critical competencies (46) Market access Preparation of regulations Implementation of regulations and stakeholder compliance harmonisation certification The authority and capability of the VS to actively participate in the preparation of national regulations in domains that are under their mandate, in order to warranty its quality with respect to principles of legal drafting and legal issues (internal quality) and its accessibility, acceptability, and technical, social and economical applicability (external quality).

Critical competencies (46) Market access Preparation of regulations Implementation of regulations and stakeholder compliance harmonisation certification The authority and capability of the VS to ensure that stakeholders are in compliance with legislation and regulations under the VS mandate.

Critical competencies (46) Market access The authority and Preparation of regulations capability of the VS to be Implementation of active in the international regulations and stakeholder compliance harmonisation of regulations and sanitary harmonisation measures and to ensure that the national legislation certification and regulations under their mandate take account of relevant international standards, as appropriate.

Critical competencies (46) Market access Preparation of regulations Implementation of The authority and regulations and stakeholder compliance capability of the VS to certify animals, animal harmonisation products, services and processes under their certification mandate, in accordance with the national regulations, and international standards.

Analytical framework Critical competencies BW DC LS MG MW MU MZ NA SC SZ TZ ZM ZW IV.-1 Preparation of regulations IV.-2 Implementation of regulations and stakeholder compliance IV.-3 harmonisation IV.-4 certification

Analytical framework Critical competencies BW DC LS MG MW MU MZ NA SC SZ TZ ZM ZW IV.-1 Preparation of regulations 4 3 IV.-2 Implementation of regulations and stakeholder compliance 3 3 IV.-3 harmonisation 3 2 IV.-4 certification 3 3

Analytical framework Critical competencies 1 2 3 4 5 BW 7 8 9 NA 11 12 13 IV.-1 Preparation of regulations 4 3 IV.-2 Implementation of regulations and stakeholder compliance 3 3 IV.-3 harmonisation 3 2 IV.-4 certification 3 3

Analytical framework Critical competencies 1 2 3 4 5 BW 7 8 9 NA 11 12 13 IV.-1 Preparation of regulations 4 3 IV.-2 Implementation of regulations and stakeholder compliance 3 3 IV.-3 harmonisation 3 2 IV.-4 certification 3 3

Analytical framework Critical competencies 1 2 3 4 5 BW 7 8 9 NA 11 12 13 IV.-1 Preparation of regulations 2 3 2 2 4 4 2 2 1 3 1 2 1 IV.-2 Implementation of regulations and stakeholder compliance 2 4 1 1 3 3 1 1 1 3 2 1 1 IV.-3 harmonisation 2 3 4 2 4 3 2 2 2 2 2 2 2 IV.-4 certification 2 4 2 3 3 3 3 3 3 3 3 2 2

Results Critical competencies 1 2 3 4 5 BW 7 8 9 NA 11 12 13 IV.-1 Preparation of regulations 2 3 2 2 4 4 2 2 1 3 1 2 1 IV.-2 Implementation of regulations and stakeholder compliance 2 4 1 1 3 3 1 1 1 3 2 1 1 IV.-3 harmonisation 2 3 4 2 4 3 2 2 2 2 2 2 2 IV.-4 certification 2 4 2 3 3 3 3 3 3 3 3 2 2

Results (n of countries) Critical competencies 1 2 3 4 5 6 7 8 9 10 IV.-1 IV.-2 IV.-3 IV.-4 Preparation of regulations Implementation of regulations and stakeholder compliance 1 1 1 harmonisation 3 3 certification 2 2 2 2 2 2 2 4 4 2. The VS have the authority and the capability to participate in the preparation of national regulations and can largely ensure their internal quality, but the regulations are often lacking in external quality.

Results (excerpts from reports) The legislation is usually drafted by the legal advisors in the Ministry. The DVS offers advice through provision of some documents including international sanitary standards. The legal advisor is committed to the national legislative framework and mostly not in conformity with the international standards. Accordingly, the DVS finds difficulty to incorporate all the principles of the international standards in the national regulation. Thus, when the legislation is issued after passing through its complete cycle, the DVS is not able to implement it since it is not in line with international sanitary measures. Also, due to lack of trained personnel, and financial resources the DVS is unable to implement the established regulations even if it is in line with international standards... The current legislation concerning animal health and food safety is old and in urgent need of review. The various Acts, Rules and Regulations relating to the DVS were difficult to retrieve. ( ) Staff in the districts did not have copies of the legislation relative to their work. Legislation governing the various areas of the VS, i.e. animal health, animal protection and public veterinary health, is very incomplete and obsolete. The basic text still in force as regards animal health dates back to 1925. These (...) texts do not govern the whole spectrum of activities of the VS, nor do they define the responsibilities of stakeholders and the VS in terms of inspection ( ) They are available neither in the veterinary outposts, nor with the veterinarians in charge of meat inspection or border control. A first bill replacing the basic text of 1925 had been drafted ( ). Objections on behalf of the pharmacists resulted in abandoning this project and proposing a new text ( ) which is still not finalized...

Results (n of countries) Critical competencies 1 2 3 4 5 6 7 8 9 10 IV.-1 IV.-2 IV.-3 Preparation of regulations Implementation of regulations and stakeholder compliance harmonisation 3 3 3 1 1 1 1 1 1 1 2 1. The VS have no or very limited programmes or activities to ensure stakeholder compliance with relevant regulations. IV.-4 certification 4

Results (excerpts from reports) The DVS does not have a complete regulatory framework, covering the whole of the activities relating to and animal health and protection, as well as public veterinary health; in addition it carries out very few inspection missions. The stakeholders are usually more familiar with the procedures to follow (e.g. how to apply for an import license or have an export certificate signed) than with the actual legal texts, which application is not controlled by the authorities. Animal identification by way of branding is compulsory and livestock owners need to apply for a brand mark in each province where they own livestock (cattle). Evidence was given that this is not enforced throughout the country. The registration of slaughterhouses and abattoirs is compulsory under existing legislation. Visits to two such establishments showed that these requirements were neither met nor enforced. Stakeholders obviously by-pass regulations for border inspection and movement control, while owners and managers of veterinary drugs sales do not comply with current regulations. Existing legislation seems to be barely respected or not respected at all (counterfeit veterinary products, illegal exercise of the veterinary profession by civil servant because of poor government wages, very approximate food safety checks).

Results (n of countries) Critical competencies 1 2 3 4 5 6 7 8 9 10 IV.-1 IV.-2 IV.-3 IV.-4 Preparation of regulations Implementation of regulations and stakeholder compliance harmonisation 3 3 certification 2 2 2 2 2 2 2 2 2 4 4 2. The VS are aware of gaps, inconsistencies or non-conformities in national legislation, regulations and sanitary measures as compared to international standards, but do not have the capability or authority to rectify the problems.

Results (excerpts from reports) There is a clear understanding of the international sanitary standards for trade, and there is a recognised concern about the inability to export to big markets in accordance with the OIE standards. However, there are no efforts regarding the harmonisation of national regulations. The DVS has not attended the OIE General Session for over 10 years and has attended Regional OIE and SADC meetings sporadically. If the country is to have a say in regional and international veterinary affairs, appropriate delegates must attend such meetings. There is a need for the SADC region to harmonize the registration of veterinary drugs, vaccines and chemicals The DVS is actively participating at international and regional fora where new international sanitary measures and animal disease control activities are discussed. The DVS is aware of the need to update existing regulatory and legislative VS instruments and has attempted to address these issues.

Results (n of countries) Critical competencies 1 2 3 4 5 6 7 8 9 10 IV.-1 IV.-2 IV.-3 IV.-4 Preparation of regulations Implementation of regulations and stakeholder compliance 2 2 2 2 harmonisation 3 3 3 3 3 3 3 3 certification 4 3. The VS develop and carry out certification programmes for certain animals, animal products, services and processes under their mandate in compliance with international standards.

Results (excerpts from reports) The veterinary services model their certificates on international standards. Each certification needs the mandate of the CVO or at least his delegate for countersigning being applied to all matters related to importation / exportation or quarantine which need to be supervised by the DVS. Certification is established following a treatment, vaccination and test protocol agreed upon between the Ministry and the commercial partner s country The DVS would have difficulties to implement a certification process covering all the territory and all domains of activities because of lack of veterinarians in the field. The certification process is not regularly audited by the DVS, although EU evaluations could be considered as external audit of the certification process for beef exports Effectiveness Is constrained by operational resources and policy capacity to do risk assessments, write, negotiate and communicate protocols, etc

Conclusion Preparation of legislation meets the requirements for level of advancement 2 or higher in most countries, i.e. that VS have the authority and the capability to participate in the preparation of national regulations and can largely ensure their internal quality, but that regulations are often lacking in external quality. Only 6 out of the 13 countries assessed are believed to possess a modern, comprehensive and OIE-compliant legislation. In some instances however these are too ambitious and therefore inappropriate in terms of.implementation of stakeholder compliance is unsatisfactory across the board. Most VS have no or very limited programmes or activities to ensure stakeholder compliance with relevant regulations. Where these exist, they are focused on export markets and compliance or are otherwise limited in scope and depths.

Organisation mondiale de la santé animale World Organisation for Animal Health Organización Mundial de Sanidad Animal