Convention on

Biological
Diversity

By- Ishu
190840820008
Biodiversity

Biological diversity means the variability among living organisms from all sources
including terrestrial, marine and oyher aquatic ecosystems and the ecological
complexes of which they are part; this includes Diversity within species, between
species and of ecosystem (CBD).

Biodiversity value
Biodiversity have many significance and socio-economic imporatance. People
realize that 40% of the world economy is derived directly from biodiversity.
The aggregated annual value of ecosystem service worldwide is estimated to be
US $ 18-61 trillion , which is similar to figure resulting from all goods and services
that are produced by people.
Putting a price on biodiversity Goods and services
Biodiversity loss

• At present, natural habitats and ecosystem are being destroyed at the rate of
over 100 million hectares every year. Some 100- 150 species are lost every day.
• Invasive alien species also a major threat to biodiversity.
• Anthropogenic changes in the atmosphere also threaten to accelerate global
rates of extinction.

So, to conserve the biodiversity , agreement “ Convention on Biological Diversity”

emerged from Rio Summit in 1992.
 Convention on Biological
Diversity (CBD)
• Convention on Biological Diversity Is a legally binding
treaty , which came as an outcome Of Earth Summit
Rio de Janerio on 5 june 1992 and entered into force
29 December 1993. It is commonly known as
“ Biodiversity Convention”.
• The agreement covers all ecosystems, species and
genetic resources.
Objectives of CBD

1. Conservation of Biological diversity.

2. Sustainable use of its components
3. Fair and equitable sharing of benefits arising from genetic resources.

The Idea is to develop national strategies for the conservation and sustainable
use of biological diversity. The convention affirms the following:
• Intrinsic value of Biodiversity.
• Biodiversity conservation as common concern of humankind.
• Sovereign rights of states over their biological resources.
• Responsibility of States to conserve and sustainable use their biodiversity.
• Precautionary approach towards biodiversity conservation.
• Vital role of local communities and women.

Need for provision of new and additional financial resources and access to
technologies for developing countries to address biodiversity loss.

Members and Signatories to CBD

. Their are 196 parties and 168 signatories to the CBD, including India. US has
signed but not ratified the convention.
• Mainn concern of United States are the CBD provisions, which call for technology
transfer to developing countries. US thinks that it could threaten US intellectual
property interest.
Administration
• The governing body of CBD is the Conference of the Parties (COP) , consisting of
all governments that have ratified the treaty. So far tweleve meetings of COP
have taken place. The last meeting was held in October 2014, in Pyeongchang,
South Korea. In 2012, India had hosted COP-11 at Hyderabad.

• The CBD Secretariat is based in Montreal, and it operates under the United
Nations Environment Programme. There is a Subsidiary body for Scientific,
Technical and Technological Advice (SBSTTA), which has experts from member
governments competent in relevant fields. It plays akey role in making
recommendations to the COP on scientific and technical issues.
Protocols to CBD

The two protocols to CBD are Cartagena Protocol on Biosafety and Nagoya
Protocol.

• Cartagena Protocol on Biosafety

The Cartagena Protocol on Biosafety was adopted on 29 January 2000 and it
entered into force on 11 September 2003 and it is legally binding protocol as
part of CBD. It is related to “ Biosafety measures” , i.e Biosafety concerns related to
import and export of Living Modified Organisms (LMOs) and commodities made
from them.
There are two major components of Cartagena Protocol-
1. Advanced Informed Agreement (AIA)
2. Procedure and Biosafety Clearing House

Advanced Informed Agreement-

AIA under the Cartagena Protocol ensures that the
countries are provided with the information decision before agreeing to the import
of Living Modified Organisms into their territory.
Biosafety Clearing House-
Biosafety Clearing House facilities the exchange of
information on living modified organisms and to assist countries in the
implementation of the protocol.

Rights of parties of Cartagena Protocol

Every country, which is a party to Cartagena Protocol on Biosafety as the
following rights:
1. To be told in advance if they are importing something that contains LMOs or
commodities made of LMOs. This is done via the Advanced Informed
Agreement.
2. If they don’t want to accept such imports, they will confirm the world
community via communicating the Biosafety Clearing House.

3. All commodities which may contain LMO elements should be clearly labeled by
exporters.

4. The exporter of such commodity must inform the importing country in advance
the shipment will contain LMOs. The importer must authoroise such shipment.

5. Importing country has both opportunity and the capacity to assess risks
involving the products of modern biotechnology.

6. The Protocol allows the countries to ban import of LMOs.

Nagoya Protocol

• This protocol, also known as Biodiversity Accord; saves the developing countries
from “foreign illegitimate bioprospecting”.
• In earlier times, such bioprrospectors would come, search for natural substances,
develop a drug, got it patented and sold in markets at high price .
• No benefit ws given to the country from which that natural substances was
sourced.

The Nagoya Protocol on access to genetic resources an the Fair and Equitable
Sharing of Benefits Arising from their Utilization to the Convention on Biological
Diversity is another supplementary agreement to the CBD.
• It provides a transparent legal framework for the effective implementation of one
of the three objectives of the CBD: the fair suitable sharing of benefits arising
out of the Utilization of genetic resources.

• The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan and
entered into force on 12 October 2014.

Rights of parties of Nagoya Protocol

A source country has rights to benefit from any commercial application of its
bioresources. Such benefits may include:
Share in cash profits
• Sample of what was collected
Participation or training of national researchers
• Transfer of biotechnology
• The Nagoya Protocol reaffirms that a sovereign country has full rights on its
genetic resources and use of its bioresources should be done only by mutual
consent. It provides legal certainty and transparency and also covers Traditional
knowledge.

Obligations of parties to Nagoya Protocol

Under the Nagoya Protocol, there are certain requirements or obligations, which
each country is required to fulfill:
• Every country should create clear and unambiguous legal framework around
access of its genetic resources. This framework should have clear laws ,rules,
procedures etc.
• Every country should make clear that its consent is taken while accessing its
bioresources and terms on which monetary benefits are to be shared. The terms
should be mutually agreed and both the contracting partiesust have access to
justice.

Other important Notes on Nagoya Protocol

1. The protocol is legally binding and open to only CBD ratified countries.
2. The protocol is applicable only when a country’s bio resources are ‘ used’. ’ used’
means to conduct research and development on the genetic and biochemical
composition of genetic resources.
3. Convert deeivative product of bio resources including drugs, antibiotics,
vitamins, enzymes, active compounds and metabolites, however , term
derivatives is not explicitly expressed.
4. Does not apply to Human Genetic Material.
5. Does not make refrence to patents or other intellectual property rights.

Aichi Target
Nagoya Protocol ends up with a strategic plan with 20 targets called “ Aichi
Target” . Objectives of Aichi Target is to address the underlying causes of
biodiversity loss, reduce the pressure on biodiversity, safeguard biodiversity at all
levels, enhance the benefits provided by biodiversity, and provide for capacity-
building. Some of the Aichi tergets include:
• Bringing down rate of loss of natural habitats to half.

• Commitments to conserve 17% of terrestrial and inland water areas and 10% of
marine areas and coastal areas though establishing protected areas.

• Restore of at least 15% of degraded areas.

• Special efforts to reduce the pressures faced by coral reefs.

• Substantial increase in the level of financial resources in support of

implementation of the convention.
National Biological Diversity
Act, 2002

• The Biological Diversity Act, 2002 is an Act of the Parliament of India for
preservation on Biological Diversity in India and provides mechanism for
equitable sharing of benefits arising out of the use of traditional biological
resources and knowledge. The act was enacted to meet the obligations under
Convention on Biological Diversity (CBD) , to which India is a party. India
established National Biodiversity Authority (NBA), Chennai.
Mandate:-

• The NBA has a mandate to control biodiversity use, and prevent unauthorized
transfer of information about the biological resources of the country to a person
who is not a citizen of India or a corporate body that is not registered in the
country. It shall frame laws pertaining to various aspects of Biodiversity, and shall
oversee their implementation.

Salient features of the Biological Diversity Act, 2002

• To regulate access to biological resources of the country.
• To conserve and sustainably use of biological diversity.
• To respect and protect knowledge of local communities related to biodiversity.

• To secure sharing of benefits with local people as conservers of biological

resources and holders of knowledge and information relating to use of biological
resources.

• Conservation and development of areas of importance from the standpoint of

biological diversity by declaring them as biological diversity heritage sites.

• Protection and rehabilitation of threatened species.

References:-
• Zedan, H. (2005). The role of the convention on biological diversity and its protocol on biosafety in
fostering the conservation and sustainable use of the world’s biological wealth for socio-economic and
sustainable development. Journal of Industrial Microbiology and Biotechnology, 32(11-12), 496-501.

• Venkataraman, K. (2009). India's Biodiversity Act 2002 and its role in conservation. Tropical
Ecology, 50(1), 23.