India facilitates entry into force of Nagoya Protocol on Access and Benefit Sharing

The Minister of State (Independent Charge), Ministry of Environment, Forests and Climate Change, Shri Prakash Javadekar today made a suo moto statement on the floor of Lok Sabha regarding India facilitating entry into force of Nagoya Protocol on Access and Benefit Sharing. The Minister stated that the Nagoya Protocol on Access and Benefit Sharing translates and gives practical effect to the equity provisions of the Convention on Biological Diversity. The landmark treaty has received the requisite number of ratifications during India`s Presidency of the Conference of Parties for its entry into force. The Minister congratulated his counterparts for making this happen. The Minister further mentioned that a new era has now ushered in for implementation of CBD that would contribute to achieving sustainable development and a glorious future for all living beings inhabiting our mother Earth. Ratification of the Nagoya Protocol by 51 Parties to the CBD is also a major step towards achieving the first of the global Aichi Biodiversity Targets (Target 16 that by 2015, the Nagoya Protocol is in force and operational), and that too more than a year before its target date, which is quite unprecedented. The pivotal role played by India in achieving this remarkable feat once again showcases India’s leadership on biodiversity in the global arena. The Nagoya Protocol on Access and Benefit Sharing (ABS) will enter into force on 12 October 2014, 90th day of receiving the required 50th instrument of ratification on 14th July 2014. The Nagoya Protocol was adopted at the tenth meeting of the Conference of the Parties (CoP) to the Convention on Biological Diversity (CBD) held in Nagoya in October 2010. The Protocol significantly advances the objective of the Convention on the fair and equitable sharing of benefits arising from the utilization of genetic resources by providing greater legal certainty and transparency for both providers and users of genetic resources including researchers and industry. By promoting the use of genetic resources and associated traditional knowledge, and by strengthening the opportunities for fair and equitable sharing of benefits from their use, the Protocol will create incentives to conserve biodiversity, sustainably use its components, and further enhance the contribution of biodiversity to sustainable development and human well-being. India has been a victim of misappropriation or biopiracy of our genetic resources and associated traditional knowledge, which have been patented in other countries (well known examples include neem and haldi). It is expected that the Nagoya Protocol on ABS which is a key missing pillar of the CBD, would address this concern. In order to prevent biopiracy, the Government of India in 2002 brought out domestic legislation for ABS, namely, Biological Diversity Act, 2002. After requisite number of ratifications of Nagoya Protocol and its becoming an international law from 12th October, 2014, this will supplement our domestic efforts. India, having hosted CoP-11 to the CBD in Hyderabad in October 2012, is currently the President of CoP till CoP-12 to be held in Pyeongchang, Republic of Korea in October 2014. Facilitating early entry into force of this landmark international treaty has been a priority of India as CoP President. Towards this, India has made significant efforts in the last 21 months through political and diplomatic channels