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Backgrounder on ICNP – 2
The Second Meeting of the Intergovernmental
Committee for Nagoya Protocol on Access and Benefit Sharing (ICNP-2) was held
in New Delhi from 2-6 July, 2012.
The Nagoya Protocol on Access and Benefit
Sharing (ABS) is a new international treaty adopted under the auspices of the
Convention on Biological Diversity (CBD) in Nagoya, Japan on 29th October,
2010, after six years of intense negotiations.
The CBD, one of the two 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 Convention, while reaffirming sovereign rights of nations
over their biological resources, establishes three main goals: (i) conservation
of biological diversity, (ii) sustainable use of its components and (iii) fair
and equitable sharing of benefits arising out of the use of genetic resources.
A framework for implementing the third objective of the CBD, which is generally
known as access and benefit sharing (ABS) is provided for in the Convention.
All living organisms: plants, animals and
microbes, carry genetic material that has potential uses for developing a wide
range of products and services for human benefits, such as in development of
medicines, drugs, cosmetics, enzymes, agricultural and horticultural products,
environmental techniques etc.
ABS refers to the way in which genetic
resources may be accessed, and the way in which benefits that result from their
use are shared between the people or countries using the resources (users) and
the people or countries that provide them (providers). Prior to the CBD,
biological resources were considered as common heritage of mankind. The CBD,
while reaffirming sovereign rights of States over their natural resources,
stipulates that the authority to determine access to genetic resources rests
with the national Governments and is subject to national legislation. Further,
access where granted, has to be on mutually agreed terms (MAT) and subject to
prior informed consent (PIC) of the Party providing such resources. Each Party
is also required to take measures to ensure fair and equitable sharing of
benefits on MAT arising from the commercial and other utilisation of genetic
resources with the Party providing such resources. The CBD also recognises the
importance of traditional knowledge associated with biological diversity, and
stipulates that Parties subject to their national legislation, respect,
preserve and maintain this traditional knowledge, and promote their wider
application with the approval and involvement of holders of their knowledge and
encourage equitable sharing of benefit arising from use of such knowledge.
As a megadiverse country rich in biodiversity
and associated traditional knowledge, and with a rapidly advancing
biotechnology industry, India has contributed effectively in ABS negotiations.
The objective of the Nagoya Protocol, namely,
the fair and equitable sharing of benefits arising from the utilization of
genetic resources, is also one of the three objectives of the CBD. The Nagoya
Protocol on ABS establishes a clear framework on how researchers and companies
can obtain access to genetic resources and to traditional knowledge associated
with genetic resources, and how benefits arising from the use of such material
or knowledge will be shared. The Protocol also sets out clear obligation for
Parties to provide that users of genetic resources within their jurisdiction
respect the domestic regulatory framework of Parties from where the resource
has been accessed.
An Intergovernmental Committee for the Nagoya
Protocol (ICNP) has been established by Parties to the Convention as an interim
governing body to undertake the preparations necessary for the first Meeting of
the Parties, at which time it will cease to exist. The first meeting of ICNP
was held in June, 2011, in which India has been elected as one of the two
Bureau members to represent Asia Pacific region. This is helping India to steer
the discussions under ICNP. The second meeting of ICNP is being hosted by India
in Vigyan Bhawan, New Delhi from 2-6 July, 2012.
The Nagoya Protocol has been signed by 92
countries, and as on date ratified by five countries. India signed the Protocol
on 11th May, 2011, and is in the process of completing interministerial
consultations necessary for ratifying the Protocol. The Protocol will enter
into force 90 days after its 50th ratification. The first meeting of the
governing body of the Protocol (CoP-MoP) will be held concurrently with the
next meeting of governing body of the CBD (CoP).
The ICNP-2 will discuss issues such as:
capacity building of developing countries for implementation of the Protocol,
awareness raising, modalities of ABS clearing house, procedures and mechanism
to promote compliance with the Protocol, agenda for the first CoP-MoP, rules of
procedure for CoP-MoP, and global multilateral benefit sharing mechanism.
The recommendations of the ICNP meetings will
be considered by the CoP-11 to the CBD being hosted by India in Hyderabad in
October 2012.
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