Nagoya Protocol Comes in Force, India Falling Apart in Implementation

Dispatches from Pyeongchang, S. Korea

Nagoya Protocol on access and benefit sharing came in force last Sunday. It is definitely a good news, as after years of deadlock on the issues of environment and sustainability, we have a new substantial global norm to facilitate environmental governance. At a very basic level the objective of the protocol is to ensure fair and equitable sharing of benefits arising from utilization of genetic resources and traditional knowledge. Now a framework is in place which ensures that genetic resources of countries and communities are not used without consent. When the foundations of Convention on Biological Diversity (CBD) were laid, developed countries desired conservation agenda at the top, while developing countries wanted sustainable use of biodiversity for their material progress to be priority. In the juggernaut of various interests Convention on Biological Diversity succeeded in balancing at-least the demand of developing countries.

To ratify the protocol, parties need to have a domestic regulatory framework which can be either in the form of legislation. The legislation further creates a regulatory body or the task of access and benefit sharing is allocated to the relevant existing department. Bringing out legislation is not mandatory. There needs to be a relevant body with a job profile of implementation of norms related to access and benefit sharing.

The protocol also acknowledges the role played by indigenous and local communities in sustainable harvest of genetic resources and their knowledge (traditional knowledge) of its handling. The protocol enforces the sharing of monetary and non-monetary benefits with them after the sustainable usage of genetic resources.

India definitely needs a round of applause for hosting COP-11, in Hyderabad, which brought out the road map for ratification of Nagoya Protocol by more than 50 parties (participant countries) of CBD. Let me make one thing very clear, it’s the efforts of previous government which bore fruits in the regime of new government. We don’t need to congratulate either Mr. Narendra Modi or Prakash Javadekar.

India’s role in ratification of protocol need to be appreciated, but the fact is that India also has shown tremendous hypocrisy to execute the same at home in India. National Biodiversity Authority (NBA) was created in 2003 much before the formulation of protocol with the similar objectives. Sadly, the NBA has done more harm to environment and losses to the biological resources of the country go un-estimated. There are not many case studies of sharing of benefits arising after from utilization of genetic resources and traditional knowledge with indigenous and local communities in India. NBA prefers to keep the money and other benefits in its own pockets.Continued here…

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