UN Convention on Biological Diversity- CBD Global agreement addressing all aspects of biodiversity Adopted at Rio Earth Summit in 1992. Objectives : Conservation of biodiversity Sustainable use of its components Fair and equitable sharing of benefits arising from use of genetic resources 193 countries as Parties. India is a Party; signed on 5.6.92, ratified on 18.2.94. CBD - a framework agreement that provides for country driven approach Focus of implementation is on national action and national priority setting.
CBD: ABS provisions Pre-CBD era : biological resources regarded as common heritage of humankind. CBD : Recognising sovereign rights of States over their natural resources, authority to determine access to GR rests with national governments, subject to national legislation(article.15.1); -Accesswheregranted,tobeonMAT - Access subject to PIC of provider Contracting Party - Parties to ensure fair and equitable benefit sharing on MAT Parties also required to respect, preserve and maintain KIP and promote their wider application with approval and involvement of holders of KIP, and encourage equitable sharing benefits arising from use of such KIP (Article 8j), subject to national legislation, ABS provisions form core of CBD and set out new philosophy regarding use of genetic resources.
Actions at national level Most of world s biodiversity found in developing countries contributing significantly to economic and social development. Global interdependence for Biodiversity Implementation of ABS provisions of CBD is of special interest to countries like India which are rich in biodiversity and associated TK. Pursuant to ratification of CBD, India undertook wide-ranging consultations with the stakeholders, for developing a legislation on biodiversity. Enacted Biological Diversity Act in 2002 and notified Biological Diversity Rules in 2004. Act gives effect to provisions of CBD, including those relating to ABS.
Actions at national level (contd.) India has also amended its Patent Act to provide for mandatory disclosure in patent applications the source and geographical origin of biological material and traditional knowledge used in invention. Amended Patent Act also provides for pre- and post- grant opposition of applications and revocation of granted patents on grounds of nondisclosure or wrongful disclosure. India has implemented the major Policy/ Legal Frame Work to implement the objectives of CBD: BD Act 2002, NBSAP 2005, National Biodiversity Action Plan 2008, National Environment Policy 2006, NAPCC 2008, National Agriculture Policy 2000, National Water Policy, National Wildlife Action Plan 2002 2006, PPV&FR Act,2001,Scheduled Tribes and other Traditional Forest Dwellers ( Recognition of Forest Rights) Act, 2006, National Forestry Action Programme 2002 2020, Comprehensive Marine Fishing Policy 2004, National biotechnology Development Strategy 2007 etc..
Progress of ABS Negotiations CoP-1 decided to address access at CoP-2 and 3and benefit sharing at CoP-4. Initial focus being gathering information on national/regional approaches and promoting development of relevant measures. CoP-4 decided to set up panel of experts to develop a common understanding of basic concepts. Meeting of panel held in October 1999, its report was considered by CoP-5. CoP-5in 2000decidedto establish WorkingGroupon ABSto develop guidelines and other approaches for consideration by CoP-6.
Progress of ABS Negotiations At its first meeting in Bonn in October 2001, ABS WG developed voluntary Bonn Guidelines on ABS, which were adopted by CoP-6 in 2002. Following WSSD s call for action to negotiate an international regime on ABS, CoP-7 in 2004 mandated the ABSWG with collaboration of 8jWG to elaborate and negotiate an IR on ABS with the aim of adopting instrument/instruments to effectively implement provisions of Articles 15 and 8(j) and three objectives of CBD. This landmark decision of CoP-7 is a result of continued efforts of India and other LMMCs. An IR on ABS presently being negotiated under CBD by ABSWG. ABS 9 recently held in Colombia and shall resume its session in June-July for negotiating the text before CoP-10 in Nagoya.
Thank you
Welcome to National Consultation on IR on ABS, Protection of TK and Amendments to BD Act Chennai, 23.04.10
National Consultation, April 23,2010. IR on ABS and National Guidelines on ABS Protection of TK associated with Biodiversity Amendments to BD Act and Rules