II. Convention on Biological Diversity (CBD), National Biodiversity Authority (NBA) and National Biodiversity Action Plan (NBAP)
1. Convention on Biological Diversity (CBD)
Background
Biological diversity, or biodiversity, encompasses the variety of all life on earth. Biodiversity manifests itself at three levels: species diversity which refers to the numbers and kinds of living organisms; genetic diversity which refers to the genetic variation within a population of species; and ecosystem diversity which is the variety of habitats, biological communities and ecological processes that occur in the biosphere.
The biodiversity we see today is the outcome of over 3.5 billion years of evolutionary history, shaped by natural processes and increasingly, by the influence of humans. Biodiversity forms the web of life of which we are an integral part and upon which we so fully depend.
Biological diversity is the natural biotic capital of the earth, and affects us all. Humanity derives its supplies of food, medicines, energy and many industrial products from biological resources.
Extinction of species and gradual changes in ecological communities, is a natural phenomena. However, the pace of extinction has increased dramatically as a result of human activities. Ecosystems are being fragmented or eliminated, and several species are in decline. The fragmentation, degradation, and loss of habitats pose serious threat to biological diversity. These losses are irreversible and pose a threat to our own well being, considering our dependence on food crop and medicines and other biological resources.
Convention on Biological Diversity
Global concern about loss of species and ecosystems found expression in the International Convention on Biological Diversity (CBD). The CBD, one of the key agreements adopted during the Earth Summit held in Rio de Janeiro in 1992, is the first comprehensive global agreement which addresses all aspects relating to biodiversity. The CBD, which has near universal membership 191 countries as its Parties, sets out commitments for maintaining the world's ecological underpinnings, while pursuing economic development. India is a Party to the CBD. The Convention, while reaffirming sovereign rights of nations over their biological resources, establishes three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits from the use of genetic resources. The text of the Convention and other details can be accessed on CBD’s website (www.cbd.int).
India: A Megadiverse Country
Biodiversity is not distributed evenly or uniformly across the globe. Certain countries, lying wholly or partly within the tropics, are characterized by high species richness and more number of endemic species. These countries are known as Megadiverse countries. India, along with sixteen other megadiverse countries, which are rich in biological diversity and associated traditional knowledge, have formed a group known as the Like Minded Megadiverse Countries (LMMC). These countries are Bolivia, Brazil, China, Colombia, Costa Rica, Democratic Republic of Congo, Ecuador, India, Indonesia, Kenya, Madagascar, Malaysia, Mexico, Peru, Philippines, South Africa, and Venezuela. The LMMCs hold nearly 70% of all biodiversity.
As mentioned above, India is one of the identified megabiodiversity countries of the world. With only 2.4% of the land area, India already accounts for 7-8% of the recorded species of the world. Over 45,500 species of plants and 91,000 species of animals have been recorded so far. The wide variety in physical features and climatic situations have resulted in a diversity of ecosystems such as forests, grasslands, wetlands, coastal and marine (mangroves and coral reefs), deserts. India is also one of the 8 primary centres of origin of cultivated plants and is rich in agricultural biodiversity. India is an acknowledged centre of crop diversity, and harbours 320 wild varieties of crop relatives mainly of rich, maize, millets, barley and brinjals. About 114 breeds of domesticated animals (buffaloes, cattle, sheep, goat, camel, horses, donkeys, etc.) are also found in the country.
Access and Benefit Sharing
The Convention, while reaffirming sovereign rights of nations over their biological resources, has for the first time set out principles for fair and equitable sharing of benefits arising out of the use of genetic resources, to the countries providing these resources. Commonly known as access and benefit sharing (ABS), this sets out a new philosophy for the 21st century regarding the use of genetic resources. In an era when economics is a dominant force in world affairs, the rich biodiversity found in developing countries is an important resource which can fuel their economic and social development.
Article 15 of the CBD provides that access to genetic resources shall be on ‘mutually agreed terms’ and subject to ‘prior informed consent’ of the country of origin of the resource, so as to ensure fair and equitable sharing of benefits arising out of the commercial and other use of the resource with the country providing the resources. Article 15 also provides that the authority to determine access to genetic resources rests with the national governments and is subject to national legislation.
Recognising the importance of traditional knowledge relating to biological resources, the Convention on Biological Diversity also stipulates that the Parties respect, preserve and maintain such traditional knowledge, and also ensure equitable sharing of benefits arising from the use of traditional knowledge (Article 8(j)).
Operationlising the access and benefit sharing provisions of the CBD has been of special interest to countries such as India which are rich in biological resources as well as associated traditional knowledge. Adopting a wide-ranging extensive and intensive consultative process with all stakeholders spread over a period of almost eight years, India has enacted the Biological Diversity Act in 2002, and also framed Biological Diversity Rules in 2004. India is one of the first countries to have enacted such a legislation.
The Convention provides that access to genetic resources and realization of benefits is subject to national legislation through prior informed consent and through mutually agreed upon terms. However national action alone is not sufficient to ensure realization of benefits to the country of origin. This is particularly so in cases where genetic material is utilized in another country for developing products and processes on which patent protection is obtained. India has therefore been emphasizing in the international fora that the onus of benefit sharing must also be shared by the user country to create an enabling environment through legislative and other measures so as to ensure equitable sharing of benefits visualised in the Convention.
Under the aegis of the CBD, not much progress could be made in implementation of the core objective of access and benefit sharing for almost ten years after entry into force of the Convention. However, the seventh Conference of Parties (CoP) to the CBD held in 2004 took a landmark decision regarding development of an international regime (IR) on access and benefit sharing. Thereafter, CoP-8 held in 2006 set a deadline of completing negotiations for IR on ABS by CoP-10 in 2010. The CoP-9 held in May, 2008 has agreed to a clear-cut road map for completing negotiations for consideration of adoption of the IR by CoP-10 to be held in October, 2010. India is participating actively in the ABS negotiations under the aegis of CBD.
The group of LMMCs are in the forefront of ABS negotiations. India was invited to chair this group for a period of two years from March 2004 to 2006. During this period, India steered the negotiations on ABS. Some other activities undertaken by India during this period as President of LMMCs included: organisation of an expert-cum-ministerial level meeting of LMMCs in New Delhi in Jan, 2005 in which a New Delhi Declaration was adopted, publication on ‘Perspectives on Biodiversity – A Vision for Megadiverse Countries’, and development of a website. The details of some of these activities, including the publication and the New Delhi Declaration, can be accessed on this website (www.lmmc.nic.in).
National Reports to the CBD
Towards fulfilment of our obligations under Article 26 of the Convention on Biological Diversity, to which we are a Party, India has earlier submitted First, Second and Third National Reports in 1998, 2001, and 2005 respectively. The Fourth National Report has been submitted recently by India in May, 2009, and may be accessed at this Ministry’s website. These reports are available on CBD’s website (www.cbd.int).
2. Biological Diversity Act 2002
The Biological Diversity Act gives effect to the various provisions of the CBD. The Act also addresses access to genetic resources and associated traditional knowledge so as to ensure equitable sharing of benefits arising out of the use of these resources and knowledge to the country and the people.
The Act provides for setting up of a three-tier structure at the national, state and local levels, for its implementation. The National Biodiversity Authority (NBA) located at Chennai deals with all matters relating to requests for access by foreign individuals, institutions or companies, and transfer of results of research to any foreigner. While granting approvals, NBA imposes conditions which secure equitable sharing of benefits arising out of the use of biological resources and associated knowledge. These benefits could include monetary gains, grant of joint ownership of IPRs, transfer of technology, association of Indian scientists in research and development, setting up of venture capital funds etc. Further, NBA’s approval is also required before seeking any IPR based on biological material and associated knowledge obtained from India. The NBA also has power to oppose grant of IPRs in any other country on biological resources or associated knowledge obtained or derived from India.
The State Biodiversity Boards (SBBs) constituted by the State Governments deal with all matters relating to access by Indians for commercial purposes. The Indian industry is required to provide prior intimation to the concerned SBB about the use of biological resources. The SBB has the power to restrict any such activity which violates the objectives of conservation, sustainable use and equitable sharing of benefits.
The institutions of self- government are required to set up Biodiversity Management Committees (BMCs) in their respective areas for conservation, sustainable use, documentation of biodiversity and chronicling of knowledge relating to biodiversity. The NBA and SBBs are required to consult the concerned BMCs on matters relating to use of biological resources and associated knowledge within their respective jurisdictions. This mandatory consultation of BMCs by NBA and SBBs ensures formulization of prior informed consent by the communities through involvement of BMCs in decision making process. The BMCs may also levy collection fee for collecting biological resource from their respective areas.
The legislation provides for exemptions : to local people and community for free access to use biological resources within India; to growers and cultivators of biodiversity, and vaids and hakims to use biological resources; through notification by Central Government of normally traded commodities so as not to adversely affect trade of these items; for collaborative research through government sponsored or government approved institutions subject to overall guidelines and approval of the Central Government; and to value added products.
National Biodiversity Authority
NBA established under Section 8 of the Biological Diversity Act on October 1, 2003, has been functioning at Chennai. The Chairperson is the Chief Executive. As per Section 8(4) of the Act, the NBA consists of a Chairperson, five non-official and ten ex-officio members to be appointed by the Central Government to represent the Ministries dealing with:
(i) Environment and Forests, two members of whom one shall be ADG (Forests) or DG (Forests)
(ii) Tribal Affairs
(iii) Agricultural Research and Education
(iv) Biotechnology
(v) Ocean Development
(vi) Agriculture and Cooperation
(vii) Indian Systems of Medicine and Homoeopathy
(viii) Science and Technology
(ix) Scientific and Industrial Research.
Dr.P.L. Gautam is the Chairman of NBA. The five expert members are: Prof. Raghavendra Gadagkar; Bangalore; Dr. S. Subramaniyan, Chennai; Prof. K. Kathiresan, Chennai; Prof. Anil Gupta, Ahmedabad; and Dr. A.K. Ghosh, Kolkata.
Details about activities of NBA can be accessed at their website (www.nbaindia.org).
Some of the important actions undertaken for implementation of various provisions of the Act are given below:
3. National Biodiversity Action Plan
Article 6 of CBD enjoins upon all Parties to prepare national strategies, plans or programmes for conservation and sustainable use of biodiversity, and to integrate conservation and sustainable use of biodiversity into relevant sectoral and cross-sectoral plans, programmes and polices.
In pursuance to CBD, India enacted the Biological Diversity Act in 2002. Section 36 of the Act empowers the Central Government to develop national strategies, plans or programmes for conservation and sustainable use of biodiversity, and to integrate biodiversity concerns into relevant sectors.
Pursuant to ratification of CBD, following an extensive consultative process with various stakeholders, a ‘National Policy and Macrolevel Action Strategy on Biodiversity’ was developed, and approved by Committee of Secretaries in 1999, which was submitted to the CBD Secretariat. Thereafter, the Ministry of Environment and Forests implemented an externally-aided project on ‘National Biodiversity Strategy and Action Plan’ (NBSAP) from 2000-2004, under which 33 state level, 10 eco-region level, 18 local level and 13 thematic action plans were prepared. On the basis of these action plans, a final technical report of NBSAP project was prepared. While this report was accepted in 2005, it was decided that preparation of the NBAP could be taken up only after approval of the National Environment Policy. The Cabinet approved the National Environment Policy in 2006. Thereafter, preparation of National Biodiversity Action Plan (NBAP) was taken up, by revising and updating the National Policy and Macrolevel Action Strategy on Biodiversity developed in 1999, and by using the final technical report of the NBSAP project, so that the NBAP is in consonance with the National Environment Policy. Inter-and intra-Ministerial consultations were undertaken on the draft NBAP thus prepared. The revised NBAP incorporating the comments received has been approved by the Cabinet on 6th Nov 2008. The NBAP document has been printed and formally released by the Minister of State, MoEF on 24th Feb, 2009. The document can be accessed on MoEF’s website, as well as CBD’s website.
The NBAP draws from the principle in the National Environment Policy that human beings are at the centre of concerns for sustainable development and they are entitled to a healthy and productive life in harmony with nature. This Action Plan identifies threats and constraints in biodiversity conservation taking into cognizance the existing legislations, implementation mechanisms, strategies, plans and programmes, based on which action points have been designed.
The implementation of the activities listed in NBAP would require substantial intersectoral coordination. This is on account of the cross-cutting issues in biodiversity. Apart from the Central Ministries/Departments and their agencies, and State Governments, the other actors involved are local bodies, research institutions, non-governmental organizations and civil society. A tabulated matrix for implementation of key activities of NBAP indicating the implementing agencies and timeframe for each of the activities is given in Chapter 6 of NBAP.
Since many of the activities are ongoing, these would be mainstreamed under the existing schemes, securing full utilization of available infrastructure and funds, with marginal to substantial augmentation and further inputs, wherever required on felt need basis. In addition, sources of external funding would also be explored and availed of according to requirements.
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CBD’s Expert Group Meeting on Traditional Knowledge in Hyderabad from 16-19 June 09.
In pursuance of decision IX/12 paragraph 11 of the CoP-9 to the CBD, a meeting of the Group of technical and legal experts on traditional knowledge associated with genetic resources in the context of the International Regime on ABS was hosted by India in Hyderabad from 16-19 June, 2009. The expert group was co-chaired by the experts from India and Norway
The meeting was attended by 25 experts nominated by Parties and 12 observers representing indigenous and local communities, international organizations, including academic and NGOs. The two Co-chairs of the ABS Working Group, and a representative of Bureau of CoP, and a representative of UNEP also attended the meeting.
Despite the potentially controversial issues involved , there were constructive and cordial debates amongst the experts in the meeting that led to a series of recommendations. These hopefully will contribute to advancing negotiations at the next meeting of the ABS Working Group to be held in November, 2009. The report of the Hyderabad meeting can be accessed on CBD’s website.
CBD’s Asia and Pacific Regional Workshop for Capacity Building on Protected Areas
Another meeting being hosted by India for CBD is the Asia and Pacific Regional Workshop to review implementation of and capacity building for the programme on work on Protected Areas, which is proposed to be held at Wildlife Institute of India, Dehradun from 14-16 October, 2009. The meeting is likely to be attended by one participant each from over 50 countries in the Asia and Pacific region, along with some resource persons. In addition, concerned officers from the State Governments would also be invited for participation in this workshop.