Afghanistan Bangladesh Bhutan India Maldives Nepal Pakistan SriLanka A Report on the Training on National Legislation on Biodiversity for Government officials of SAARC Member States Three day training on “National Legislation on Biodiversity for Government officials of South Asian Association for Regional Cooperation (SAARC) Member States” was held from 29th to 31st August, 2012, at Hotel Radisson Blu, Mamallapuram. 32 delegates including 11 from different State Biodiversity Boards (SBBs) and one representative from Bangladesh took part in the training which was organized by the Ministry of Environment and Forests, Govt., of India in collaboration with National Biodiversity Authority (NBA), Chennai.
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Afghanistan
Bangladesh
Bhutan
India
Maldives
Nepal
Pakistan
SriLanka
A Report on the Training on
National Legislation on Biodiversity for
Government officials of SAARC Member States
Three day training on “National Legislation on Biodiversity for Government officials of South
Asian Association for Regional Cooperation (SAARC) Member States” was held from 29th to
31st August, 2012, at Hotel Radisson Blu, Mamallapuram. 32 delegates including 11 from
different State Biodiversity Boards (SBBs) and one representative from Bangladesh took part in
the training which was organized by the Ministry of Environment and Forests, Govt., of India in
collaboration with National Biodiversity Authority (NBA), Chennai.
Objective
The objective of this training was to strengthen the collaboration between India and the other
SAARC Member States, on issues relating to environment, biodiversity, effective
implementation of the provisions of Convention on Biological Diversity (CBD) and on preparing
for the Conference of the Parties (COP) 11 to CBD. Further it aimed to provide an opportunity
for CBD focal points and legal experts within the SAARC region to interact and exchange
experiences and identify suitable sub-regional programmes.
Ten workshop sessions based mainly on experiences from experts in the field of environment
and biodiversity related policy and legal issues: Intellectual Property Rights (IPRs), Traditional
Knowledge (TK) and Access and Benefit Sharing (ABS) were conducted.
PRESENTATION ON INDIA’S BIOLOGICAL DIVERSITY ACT, 2002 AND BIOLOGICAL DIVERSITY RULES,
2004:
Shri.C.Achalender Reddy, Secretary, National Biodiversity Authority (NBA), Chennai, spoke
about India’s biodiversity, institutions and laws and the close link between biodiversity and
livelihood. He discussed how India had become a State party to the CBD and the subsequent
enactment of the Biological Diversity Act, 2002. He elaborated on the birth of National
Biodiversity Authority (NBA) and the development of new concepts such as People’s
Biodiversity Registers (PBRs), ABS (PIC, MAT, MTA) etc. He emphasized the importance of
PIC in recognising the rights of the local people and the conservation of traditional knowledge.
He discussed the implementation of the Act - through a three tiered institutional structure with
NBA at the national level, SBBs at the state level and Biodiversity Management Committees
(BMCs) at local level, describing in detail the mandates of NBA and about the penalties and
offences under the Act in comparison with the forest and wild life protection legislations.
He elaborated on the composition,
functions and operational mechanisms of
NBA, especially its operation with the
assistance of expert committees on ABS,
Agro biodiversity, Normally Traded
Commodities (NTC), Medicinal Plants
and others. Other initiatives and
programs of NBA were discussed viz.,
NIUCBD, Taxonomy Expert Database,
FRLHT, UNDP, WII, which it undertakes with other organisations.
The role of central government in establishing NBA, developing strategies, plans, programmes
etc., for biodiversity, issuing directives to the state governments for conservation of threatened
habitats, were also dealt with in his address.
Status of progress for the period upto July 2012 was presented and he discussed about the role
of state governments in establishing SBBs and constituting BMC’s. The new concept of
conservation called Biodiversity Heritage Sites (BHS) was appraised and he stated that sacred
groves can be identified in the state by SBBs and with BMC’s involvement, declare it as a BHS.
As of date 4 BHS have been notified he stated.
He also discussed the progress made in clarifying the interpretation of guidelines on
international collaborative research projects, online expert database, ABS mechanism: its
process and progress.
Before enactment of the Act – Kani story –TBGRI model had served as good ABS model, he
emphasized.
He also discussed the key challenges faced to strengthen the mandates of NBA, including
framing of guidelines for BMCs through a committee constituted for the same.
The importance of conservation activities in the high sensitive biodiversity area of Andaman and
Nicobar Islands was stressed.
PRESENTATION ON ISSUES, CONCERNS AND CHALLENGES FROM A LEGAL PERSPECTIVE ON THE
LEGISLATIVE FRAMEWORK ON BIODIVERSITY: Dr.M.K.Ramesh, Professor at the National Law School of India University, Bangalore, said that
CoP 11 was a lifetime opportunity for those who were engaged in negotiation deliberations and
that it was an opportunity to make policies at the global level.
He further added that the Parties to CBD make an attempt to
mainstream the legal policies at the higher level, flag the issues
and take tentative steps to ensure a particular level of
compliance and set the agenda for future, which will limit the
focus of attention.
He spoke on issues on sustainable resources, primarily
concerned about conservation of resources, conservation of
values and knowledge system, issues of bio-safety from alien
invasive species and from LMOs and GMOs, bio-piracy, dealing
effectively with injustice and equal trade.
He discussed international and national legal responses and strategies including principle of
precaution, co-operation, public trust doctrine and equity; conservation strategies including in
situ & ex situ, heritage site tag, forest and wild life conservation areas/protection of endangered
species, critical wildlife habitats, bio-safety and protocol concerning LMO’s and GMO’s with
regard to Invasive alien species.
CoP 9 decisions on global strategy for plant conservation, regional rearrangements,
international co-operation, GEF & World Bank’s financial and technical assistance were
discussed.
Regional strategies for CoP 11 to showcase achievements such as HST for Western Ghats,
involvement of Forest Rights Act in protecting community rights and wild life habitats, approval
of an expert for BT Brinjal by the Supreme Court, prevention of encroachment of conservation
areas, need for harmony to be maintained and documentation of the XII Plan, were discussed.
1 Prof: Dr.M.K. Ramesh
He opined that NBA cannot work in isolation and that it needs support and co-operation from
other agencies. He proposed measures to strengthen CBD regime.
He put forth the target subscriptions of state agreement with respect to legal framework and
suggested that law should be prescriptive and cognitive. He also stated that a beginning can be
made with CoP 11 as efforts should start there to bring into force primary principles of law.
He stated that by bringing concerns complementary to each other a legal action plan could be
evolved just like in the case of Forest Rights Act. He further added that formulatory laws are
existing; however have to be worked out in detail, even though they cannot be precise. Atleast
an attempt has to be made, he said. He opined that the definition of PIC should include
elements of “free consent” and should not merely refer to equality between parties, rather to do
equity to people.
While detailing on Bio-Safety Protocol, he stressed on introduction of safeguards while the
commerce is also done at the same time. He suggested in evolving better internal legal
mechanisms to ensure compliance. He concluded by stressing on the need for co-ordination
and harmony amongst various legislations on environment, biodiversity, industrialization etc.,
and to bring about reforms in laws that work in conflict with or overlap and override biodiversity.
PRESENTATION ON ISSUES ON NAGOYA PROTOCOL:
Prof.L.Pushpa Kumar from Delhi University delivered a presentation on issues relating to
Nagoya Protocol. He said that Nagoya Protocol ought to be healthy for certain countries as it
ensures equity for the people who preserve traditional knowledge. Implementing challenges with
special reference to developed countries are given more importance and the objective of the
Protocol covers a wide range of issues, he said.
He highlighted, Article 5 and 6 that deal with fair and
equitable benefit sharing and related issues and access to
genetic resources respectively. Further, He explained
Article 7 which provides access to Traditional Knowledge
associated with Prior Informed Consent (PIC) and MAT
(Mutually Agreed Terms) and also disclosed the necessity
to ensure that local communities are benefited through ABS
agreements and the need of capacity building training on
such issues. He spoke on Article 8 that highlights the
special considerations to promote biological resources and
also emphasized that the genetic resources related to food
and agriculture should be given equal importance. He
elaborated Article 9 that deals with Conservation initiatives
and Article 11 which explains about the trans-boundary
cooperation.
He also emphasized the specific check points that had to be recognized to monitor the flow of
genetic resources and traditional knowledge, like some of the major check points identified that
may include NBA, NBPGR. He said “they should be oriented with values of importance, creating
linkages with other agencies. User country obligations are essential to access and utilize
genetic resources. India serves best example for user as well as provider country. If training on
capacity building and issues on implementing the law is effectively done then the country’s
development would gradually increase. Civil society groups should also be involved to educate
people. In addition, legal practitioners, patent agents, private institutes should also be actively
involved.”
2 Dr. L. Pushpakumar
PRESENTATION ON BANGLADESH BIODIVERSITY POLICES AND LAWS:
Mr. Md. Majibur Rahman, Senior
Assistant Secretary, Law and Justice
Division, Ministry of Law, Justice and
Parliamentary Affairs, Bangladesh
initiated the session stating that
biodiversity has become a global
concern and that it is essential to
conserve the threatened biodiversity
adopting various programmes and
strategies both at national and regional
levels. He said “Governments
throughout the world have been
strengthening their conservation
capacity by developing and adopting various policies, legislations and innovative approaches.”
He extended his statement saying that Bangladesh is the world’s largest deltaic region
encompassing about 5,700 species of angiosperms that include 68 woody legume species, 130
fiber yielding species, 500 medicinal species, 29 orchid species and 3 species of gymnosperms.
Apart,from the above, he added that 1,700 pteridophyte species have also been recorded from
the country.
He stated that the country also possesses a rich faunal diversity and has approximately 113
species of mammals, more than 628 species of birds (both passerine and non-passerine), 126
species of reptiles, 22 species of amphibians, 708 species of marine and freshwater fish, 2,493
species of insects, 19 species of mites, 164 species of algae (or seaweed) and 4 species of
echinoderms.
He pointed out that like in other regions around the globe, the biodiversity of Bangladesh is also
entering through a critical period. Already, 12 wildlife species have become extinct from the
country. In addition, IUCN (2000) has listed a total of 40 inland mammal species, 41 bird
species, 58 reptiles and 8 amphibians under various degrees of risk in the country, and the
Bangladesh National Herbarium reported 106 vascular plant species under risk of various
degrees of extinction in the country.
He further stated that Bangladesh has no specific laws on biodiversity but has adopted various
legislative policies and inventions to conserve its remaining biodiversity. The country has ratified
most of the international treaties and conventions related to conservation of biodiversity.
Some of the major legislative policies and approaches taken by the government which provide
provisions for biodiversity conservation in the country are
• National Biodiversity Strategy and Action Plan (NBSAP);
• National Conservation Strategy (NCS);
• Bangladesh Wildlife (Preservation) Order, 1973;
• Bangladesh Forest Act, 1927 and subsequent amendments;
• National Environment Management Action Plan (NEMAP);
• The Bangladesh Environment Conservation Act, 1995 and Environment Conservation
Rules 1997;
• The Pesticides Ordinance, 1971;
• The Environment Courts Act-2000;
• Sustainable Environment Management Programme (SEMP); and the
• Nishorgo Support Project (NSP) for the co management of protected areas.
The declaration of PAs for biodiversity conservation is rather a new concept in Bangladesh, he
said. In 1974, the Bangladesh Wildlife Preservation Act defined three types of PA under
different IUCN protected area management categories in the country, viz., wild life sanctuary,
and national park and game reserve.
Though various threats have been posed on PAs of Bangladesh, government has taken
effective measures to face the challenges, he concluded.
PRESENTATION ON NATIONAL BIODIVERSITY ACTION PLAN:
In his presentation Dr. Daniels said that every country has its own mandates in implementing
the action plan. In fact, India delayed in implementing and
finally developed its first action plan in 2008. The action plan
has to be revised and updated every five years and it is
crucial to give a comprehensive background, he said. The first
National Action Plan for the country was prepared in 2008
and formally adopted in 2009.
He emphasised the achievements made by India for the past
few years and also suggested that these achievements can
be showcased during the CoP-11. Though certain deficit
exists, major gaps can be identified and workable targets can
be set, he said.
He stated “in the global context, strategic plan
has to be set for achieving Aichi Biodiversity
targets. 2011 – 2020 has been declared as the
decade of biodiversity with the theme “Living in
Harmony with Nature”. The main purpose of
this strategic plan is effective implementation
and shared vision & mission. It urges parties to
enable participation, develop national and
regional targets, reviewing and updating the
targets which can be presented in CoP-11,
using them as instruments for effective
integration, monitor and review the
implementation, synergies among the
biodiversity related conventions, promoting the
generation by using scientific information.” He
further stressed on employing regional
cooperation. India is in the process of preparing
the 12 fifth year plan.
He emphasized the efforts of initiating action to address the underlying causes of biodiversity
loss by mainstreaming the biodiversity concerns and taking actions to decrease the direct
pressures on biodiversity. The Strategic Plan includes 20 headline targets for 2015 or 2020 (the
"Aichi Biodiversity Targets"), organized under five strategic goals that is operated both at global
and national level. This can be better explained as aspirations for achievement at global level
and a flexible framework at the national or regional level, he added.
He said “in terms of national context, intergovernmental co-operation and achievable targets
that provide opportunities for cross-sectoral integration are focused. Nearly 10 major threats
are identified.” He finally concluded by saying that Aichi Target 1 is the most relevant in making
people aware of biodiversity values and conservation and Target 4 that states, “stakeholders at
all levels have taken steps to achieve or have implemented the plans”.
PRESENTATION GUIDELINES FOR BIODIVERSITY MANAGEMENT COMMITTEES (BMCS):
Dr. V. Arivudai Nambi from MSSRF made a
detailed presentation on the Guidelines for
Biodiversity Management Committees being
finalized by the committee constituted for the
same and highlighted the methods and process
involved in initiating BMCs in Tamil Nadu. He
also discussed about the the ground realities of
villages in biodiversity conservation. Nallur was
designated as the India’s first Local Heritage
Site.
He also projected the BMC formation method with indication of risks involved in BMC formation.
He listed out the total BMCs, PBRs, BHS in India. Technical Support Groups (TSG) organized
by SBBs for strengthening BMCs at Village, Block and District level and Financial Resources for
BMCs were the key notes focused.
He also suggested the draft guidelines for BMCs and to implement Biological Diversity Act and
Rules to the local knowledgeable persons. Invitees from departments of Forest, Agriculture,
Livestock, Health, Fisheries, and Education were also given special attention. He insisted that
BMCs should develop linkages with other committees like Joint Forest Management
(JFM),Forest Conservation Committees (FCCs) and Eco Development Committees (EDC) for
matters related to wild biological diversity and or biological diversity found in forest lands. The
management committees can be actively involved in the preparation of Biodiversity
Management Plan using the outputs of PBRs, he said. The State Biodiversity Boards, he added,
can facilitate the establishment of Biodiversity Heritage Sites in consultation with local bodies
and key stakeholders.
A field trip to felicitate the delegates was organized by National Biodiversity Authority to
historical sites including UNESCO heritage sites in Mamallapuram. All the delegates visited
Muthukadu and had a nice boating. Then they visited Crocodile bank and saw how Irulas were
extracting the snake venom from different venomous snakes. Later they visited the farm where
different species of crocodile are maintained under captive breeding. After that the team visited
Mamallapuram temple that was built 1400 years ago by Pallava’s.
PRESENTATION ON ACCESS AND BENEFIT SHARING MECHANISM:
Ms.Suneetha M.Subramanian, discussed on the combination of monetary and non-monetary
incentives that would be optimal and the kind of
knowledge systems and innovations and
institutional arrangements with regard to the
ABS mechanism in India. She spoke of
alternate models of benefit sharing that will be
appealing and practical to communities and
businesses.
Her presentation detailed on communication
tools required to raise awareness on good practices among different stakeholders, constitutional
guarantees given to different stakeholders - especially ILCs and implementation effectiveness of
domestic legal provisions.
She expressed concern over the perception of local communities and innovators themselves on
the issues of benefit-sharing, the role of NGOs and civil society and influence of international
law.
She discussed issues on TK ownership and the simultaneous occurrence of TK and biological
resources, use of biological resources and TK in modified and unmodified form. She said,
depending on user group, benefit sharing mechanisms should vary from being commercial and
non-commercial.
She stressed on the importance of identification of check points to enable monitoring such as
PIC, certificates of origin during filing of patents or registration of a product, etc.
Broad guidelines anticipating different scenarios will be useful with respect to access and
benefit sharing mechanism. She concluded adding that there are several good practice toolkits
like ABS Management toolkit and certification systems that seek to promote good practice.
PRESENTATION ON LOCAL PRACTICES IN THE CONTEXT OF ABS AND TK ISSUES:
Mr. G. Hariramamurthi spoke at length
on local practices in the context of ABS
and TK and explained that 60-80% of
the population seeks healthcare
through Traditional Medicine (TRM). He
said, international and national policies
recommend to support, recognize,
integrate, and utilise Traditional Health
Practices (THPs) in National Health
Systems.
He added that policy documents exist on traditional, complementary and alternative medicine
with regard to regulation, safety, efficacy, research, clinical trials and rational use related to
TRM, training, IPRs, etc. He put forth that 1 million community supported THPs are present
almost in all villages, several millions practiced at the household level, managing a range of
simple to complex conditions.
More than 6200 plant species used in LHTs, more than 200 species are threatened in the wild,
he said.
He gave few examples of ABS models practiced in the district of Dakshina Kannada in
Karnataka, detailing the products produced by a company called Parampara like Vitex negundo
oil for pain relieving, Larvin for wound healing in Cattle, Mastiheal for Mastitis in Cattle and
Abscess, Triphala Vet for Bloat and indigestion in cattle, Fertaheal forDebility and infertility and
general tonic for cattle, and High Milk Gain for Enhanced Production of Good Quality Milk from
Cattle. He said that Parampara products addressed the local needs of animal health and were
based on local biological resources & local health practices. He added that these products
reduced dependence on veterinary doctors for primary veterinary healthcare, enhanced access
to safe and efficacious veterinary medicines, reduced animal health expenditure, reduced
antibiotic and hormonal residues in milk and also shared profits.
The result of this ABS he said, was that 15 community owned enterprises were established, 112
in-situ Medicinal Plants Conservation Areas of 200 to 500 Hectares each were established, 10
Medicinal Plants Conservation Parks were set up, more than 550 People’s Biodiversity
Registers were released based on Local Health Practices, more than 2,00,000 Home Herbal
Gardens were established and 1 million beneficiaries were covered. He further added that
saving of household expenses on primary health care was enhanced.
PRESENTATION ON INTELLECTUAL PROPERTY AND BIODIVERSITY AS AN INTRODUCTORY
FRAMEWORK:
Mr.Shamnad Basheer spoke on
IP and biodiversity as an
introductory framework, detailing
the bio-piracy narrative on neem
and turmeric controversies. He
opined that TK is sometimes not
disclosed because people say
that it is God’s gift or it is their
income related and hence they
keep it confidential.
He discussed on patenting framework and patenting eligibility, with specific mention to inventive
steps and patent manipulation, disclosure of the origin and source of biological material
according to Section 10(4). With regard to depository requirement he said that it cannot be
sufficiently described and that it was not available to the public. He spoke on protection of plant
variety to new plants, TK – DL, a database prepared to prevent patents and said that problems
come when they want to commercialize the database.
He spoke on patents coupled with benefit sharing, on the model example used by the UN now.
Section 3(p) which says that one cannot patent an invention which, in effect, is traditional
knowledge or which is an aggregation or duplication of known properties of traditionally known
component or components, was discussed and he stressed on the importance to preserve
“informal” systems of knowledge. He added that increased commercialization will threaten this
knowledge system over time - a reductionist approach.
CONCLUSION:
Dr. Balakrishna Pisupati, Chairman, NBA, made the concluding remarks. He said that there are
various issues in Biological Diversity Act that needs to be addressed. “Always the challenge
which remains is that are we looking at the Act as a melting point. Looking at the reality, it is like
a salad bowl. Everyone has to come together to implement the Act. Couple of points needs to
be discussed and I suppose that the presentations during these three days would have given
the idea to tackle some of these issues. Attempts to capture some of these people, who helped
in dynamic way of approach to these issues were present here as resource persons”, he said.
He thanked all the members for participating in this training and regretted the misfortune of
those who were unable to be part of this. He requested all the delegates that this network
should continue resulting in more meetings and trainings that will help in better understanding of
the legislation and implementing of the same.
List of Invitees/Members
S.No Name & Designation/ Organization
1 Mr. M D Mozibur Rahman Senior Assistant Secretary Law and Justice Division Ministry of Law, Justice and Parliamentary Affairs Bangladesh Mob: +8801817649457 [email protected]
2 Dr.A.P.Singh Member Secretary, Gujarat Biodiversity Board [email protected]
15 Mr.G.Hariramamurthy Assistant Director and Head, Centre for Local Health Traditions, IAIM-FRLHT Mob : 9448372020 [email protected], [email protected]
16 Prof.Shamnad Basheer Professor in IP Law, National University of Juridical Sciences, NUJS Kolkata Mob :9831512975 [email protected]
17 Dr.Balakrishna Pisupati Chairman National Biodiversity Authority
18 Mr.C.Achalender Reddy Secretary National Biodiversity Authority
19 Dr.Ravishankar Thupalli Project Manager India UNDP Biodiversity Project National Biodiversity Authority
20 Dr.Ishwar C.Poojar Project Manager UNEP-GEF-MoEF-ABS Project National Biodiversity Authority
21 Dr.C.Thomson Jacob Consultant UNEP-GEF-MoEF-ABS Project National Biodiversity Authority
22 Dr.Prakash Nelliyat Project Associate UNEP-GEF-MoEF-ABS Project National Biodiversity Authority
23 Ms.R.Vidya Administrative Secretary UNEP-GEF-MoEF-ABS Project National Biodiversity Authority
11:15 – 11:45 hrs Presentation on India’s Biological Diversity Act and Rules ( NBA)
11:45 – 12:00 hrs Discussion
12:00 – 12:30 hrs Legal Systems and Issues Related to Biodiversity – Prof. Ramesh M. K. NLSIU, B’ Lore
12:30 – 12:45 hrs Discussion
12:45 – 14:00 hrs Lunch
14:00 – 14:30 hrs Biodiversity Protocols; Access and Benefit Sharing – Mr Kabir Sanjay Bhavikatte, NBA
14:30 – 14:45 hrs Discussion
14:45 – 15:15 hrs Issues on Nagoya Protocol – Prof. Pushpakumar L., Delhi University
15:15 – 15:30 hrs Discussion
15:30 – 15:45 hrs Tea Break
15:45 – 16:15 hrs Presentation from Bhutan on Biodiversity Policies and Laws; Preparation for CoP-11
16:15 – 16:30 hrs Discussion
16:30 – 17:00 hrs Presentation from Sri Lanka on Biodiversity Policies and Laws; Preparation for CoP-11
17:00 – 17:15 hrs Discussion
17:15 – 17:45 hrs Presentation from Bangladesh on Biodiversity Policies and Laws; Preparation for CoP-11
17:45 – 18:00 hrs Discussion
18:00hrs Closure
19:30 – 20:30 hrs Cultural Programme and Dinner (BharataNatyam)
Thursday, 30thAugust 2012 09:30 – 10:00 hrs Presentation from India on Biodiversity Policies and Laws; Preparation for CoP-11
10:00– 10.15 hrs 10.15 – 10.30 hrs
Discussion Tea break
10.30 – 11: 30 hrs 11: 30 – 13:00 hrs
Group Work Group I – Implementing challenges from Policy and Legal Perspective Group II – Preparing for CoP11 Meeting
Group Work Group I – Achieving optimal efficiency in implementing actions for BD issues, including ABS Legal requirement for region Group II – Legal review for convention synergies at National level
13:00 – 14: 00 hrs 14:00 – 18:30 hrs
Presentations of the group discussions Lunch Field Visit to Mahabalipuram / Crocodile bank
Benefit Sharing Mechanisms – Dr Sunitha Subramanian Discussion Consolidation of issues presented on the day two. Coffee Local Practices – In the Context of ABS and TK Issues - Shri. Hariramamurthy G., Discussion IPR and Biodiversity – Legal Issues – Prof. Shamnad Basheer Discussion on the session;Preparing a Road map for National Implementation of Biodiversity Policies and Law; Moving forward Regional - Agenda on Biodiversity Closing Remarks (Secretary, NBA - tbc) Lunch Departure of Participants