INDIA &

THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD)

COP-10. Nagoya, Japan. October 18-29, 2010.

tgk gS gfj;kyh A
Ministry of Environment and Forests
ogk gS [kqkgkyh AA Government of India
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[A] Background
Biodiversity is the variety of living organisms on the earth. It includes diversity within
species or between species and of eco-systems. The earths biological resources are vital
to humanitys economic and social development. Globally, so far 1.75 million species
have been identified against the estimates ranging from 3 to 100 million. There is
growing recognition that biodiversity is a global asset of tremendous values to present
and future generations. At the same time, the threat to species and ecosystems has
never been as great as it is today, as a result of which species extinction caused by
human activities continues at an alarming rate. This calls for global and national actions
towards conservation of biodiversity.

[B] India: A Treasure of Biodiversity

India is known for its rich heritage of biodiversity. In biological diversity parlance,
India is one of the 17 mega-diverse countries in the world. With only 2.4% of the
worlds area, India accounts for 7-8% of the worlds recorded plant (about 45,000, of
which approximately 15,000 are of known medicinal value) and animal species (about
91,000). Indias ten biogeographic zones possess an exemplary diversity of ecological
habitats like alpine forests, grasslands, wetlands, coastal and marine ecosystems, and
desert ecosystems. India has four out of thirty four global biodiversity hotspots, which
is an indicator of high degree of endemism (of species) in India. About 5,150 plant
species and 1,837 animal species are endemic to India. Indias biodiversity includes wild
relatives of agricultural crops and domesticated animals. India has 16 major types and
251 subtypes of forests. The large mosaic of distinct agro-ecosystems has contributed to
diverse cropping pattern and systems across the country.

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[C] Conservation of Indias Biodiversity:
A Progressive Framework
Environment protection is enshrined in the Constitution of
India [Article 48A and Article 51A (g)]. Wide-ranging policies,
programmes and projects are in place, which directly or indirectly
serve to protect, conserve and sustainably use the countrys
biological resources. These include the Forest (Conservation)
Act, Wildlife (Protection) Act, Biological Diversity Act, National
Green Tribunal Act, National Biodiversity Action Plan, National
Forest Policy, National Wildlife Action Plan, National Forestry
Action Programme, National Environment Policy and National
Action Plan on Climate Change.
India is committed to conservation of biodiversity. This is not
only because of Indias international obligations as a signatory
to the Convention on Biological Diversity, but because India
believes that protecting our biodiversity is a critical national
priority as it is linked to local livelihoods of millions of people
in the country. Sustainable use of our biodiversity, therefore,
has both ecological and economic value. It is with this objective
that India has enacted Biological Diversity Act, 2002 and
set up a National Biodiversity Authority (NBA) in 2003
with an explicit mandate of promoting conservation of biological
resources and associated knowledge as well as facilitating access
to them in a sustainable manner.

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Scheduled Tribes and Other Park in 1936. India has currently 4.79% of
Traditional Forest Dwellers total geographic area under an elaborate
(Recognition of Forest Rights) Act, network of PAs, which includes 99
enacted in 2006, is a tool to provide National Parks, 513 wildlife sanctuaries,
occupational and habitational rights to the 43 conservation reserves, 4 community
people, thus, incentivising conservation reserves and 3 Biodiversity Heritage sites.
and sustainable use of biological resources India has a National Wildlife Action
by providing access to livelihood Plan, which envisages 10% of the
enhancing resources to people. geographical area of the country under
National Biotechnology Development PA coverage. This is significant, keeping
Strategy, 2007 calls for promotion of in view that India holds 18% of worlds
mass use of technologies for sustainable human population and also 18% of
utilisation of bioresources. the worlds livestock population in an
National Biodiversity Action Plan area, which is only 2.4% of the worlds
of 2008 developed in consultation with geographical area.
various stakeholders and by taking Under the Man and Biosphere
cognizance of legislative and policy (MAB) Programme out of 16 biospheres
framework is a dynamic matrix for in India (70,000 sq. km.), seven are already
mainstreaming biodiversity concerns in in UNESCO World Network of Biosphere
the country. Reserves (World total 503).
India proudly upholds the tradition of India has a National Wetland
nature conservation. In 252 BC, the Conservation Programme covering
Emperor Asoka established Protected 125 wetlands including 25 Ramsar sites
Areas (PAs) for mammals, birds, fish under the Ramsar Convention.
and forests through a proclamation. Jim India accounts for about 5% of the worlds
Corbett National Park covering an area mangroves (including Sunderbans delta-
of 325 sq. Km. came into being as the the largest mangrove forest in the world)
Indias first and worlds third National

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and partners with IUCNs Mangroves for Several species specific projects are being
Future programme and has established implemented for flagship animal species
a National Institute of the Mangrove such as Tiger (National Animal), Elephant
Research at Kolkata. (National Heritage Animal), Rhinoceros,
Gharial, Hangul and snow leopard, birds
Coral reefs in India occupy an extent of
such as Vulture, Great Indian Bustard, and
2375 sq. km. (including the Andaman
plants such as Orchids, Rhododendron
Islands, which have rich coral diversity
and citrus.
and a National Coral Reef Research Centre
at Port Blair). India has large number of scientific
personnel and important network of
India has a National Lake Conservation
scientific institutions in public, private and
Plan covering 42 lakes, which aims at
NGOs sectors. The important institutions/
rejuvenation in terms of improvement on
organisations include Botanical Survey of
water quality and biodiversity.
India, Zoological Survey of India, Wildlife
India has a National River Conservation Institutes, Fishery Survey of India, Forest
Plan under implementation in 160 cities Survey of India, ICFRE, ICAR, CSIR, DBT,
covering 34 rivers. NGRBA (National DST, DRDO etc. National Bureaus on
Ganga River Basin Authority) is responsible plants, animals, fish, insects, microbes and
for conserving and sustainable use of the forest genetic resources are specifically
biodiversity of the river Ganges. mandated for management of genetic
Conservation and sustainable use of resources. All India Coordinated Project
biodiversity have been an integral part on Taxonomy and network projects on
of Indian ethos. Sacred groves are thick honeybee and pollinators and ornithology
patches of natural Forests conserved by are also in place for capacity building and
the local communities as part of socio- research.
cultural practices. The Sacred Grove India has put in place a number of
Information System holds information on initiatives for promoting conservation of
3000 such groves in the country out of an biodiversity, such as, provision of national
estimated 100,000 to 150,000.

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gene fund, national biodiversity fund, Local body levels to realise the objectives
awards etc. of the Act and CBD.
Pressure from habitat loss and degradation A three-tiered system of regulation is
has been reduced by the system of envisaged under the Biological Diversity
environment clearances based on Act, which consists of the National
Environmental Impact Assessment (EIA), Biodiversity Authority (NBA) at the
Coastal Regulation Zone (CRZ), National apex level, Biodiversity Boards (SBBs) at
Afforestation and Eco-development Board State level and Biodiversity Management
(NAEB), National Action Programme to Committees (BMCs) at local level. The
Combat Desertification and Green India headquarter of NBA is at Chennai and
Mission. the main functions include regulating
activities, advising the Government of
[D] Legislative and India on biodiversity matters, grant for
Policy Measures access to biodiversity and associated
for Biodiversity knowledge and to take necessary measures
Conservation to protect the biological diversity of the
India has been a signatory to the country. The main functions of the State
Convention since 18th February 1994, and Biodiversity Boards are to regulate requests
is one of the first countries to have enacted for utilization of biological resources by
an appropriate comprehensive legislation Indian nationals and to assist the State
to achieve the objectives of the convention. Government in notification of areas of
As of now, 193 countries are party to the biodiversity importance as Biodiversity
CBD. Amongst the signatory nations, India Heritage Sites and framing rules for
has some unique qualities. As signatory their management and conservation. At
to the CBD, the Biological Diversity Act, the local level, Biodiversity Management
2002, passed on December 11, 2002 came Committees perform the function of
into force on February 5, 2003, followed documenting Peoples Biodiversity
by the formation of it Rules in 2004. The Registers and implement biodiversity
Biological Diversity Act of 2002 provides conservation programmes. The major
necessary statutory and administrative achievements in the implementation of
mechanism at the National, State and Biological Diversity Act include notification

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of guidelines on Peoples Biodiversity The Act also provides for protection
Register, Biodiversity Heritage Sites, of farmers varieties and creation of
designated repositories, enforcement national gene fund for promoting
mechanisms etc. 87 benefit sharing conservation of local varieties.
agreements have been signed by NBA
The second and third
with the applicants. 25 State Biodiversity amendments to the Patent
Boards have been established and over Act, 1970 provide for mandatory
30,000 BMCs have been formed. Over 400 disclosure in the patent application,
Peoples Biodiversity Registers have been of the source and geographical origin
documented and national biodiversity of the biological material used in the
fund has been created. Various awareness invention.
generation and capacity building activities

The Geographical Indications of
of different organisations have been
Goods Act, 1999 has been enacted to
supported. During 2010, several activities
provide for protection of geographical
have been organised/supported to mark
indications of goods referring to
the celebration of International Year of
a place of origin of that product
Biodiversity. National consultations have
and the exclusion of unauthorized
been organized on various issues relating
persons from misusing geographical
to biodiversity.
indications.
To ensure the fair and equitable sharing

There is a provision for benefit
of benefits arising out of the use of genetic
sharing for access to biological
resources, India has taken significant
and or associated knowledge
legislative measures and also integrated
(ABS) in the Biological Diversity Act.
these principles in various policies and
Under this Act, 87 benefit sharing
programmes.
agreements have been entered by

The Protection of Plant Varieties NBA with applicants in consultation
and Farmers Rights Act, 2001 with the stakeholders.
and Rules 2003 deal primarily with

National Innovation Foundation
the protection of plant breeders rights
(NIF), an autonomous society
over the new varieties developed.

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 and which has been a matter of national
concern. India fought successfully for
the revocation of turmeric and basmati
patents granted by United States Patent
and Trademark Office (USPTO) and
neem patent granted by European
Patent Office (EPO). As a sequel to this,
in 1999, the Department of Ayurveda,
Yoga & Naturopathy, Unani, Siddha and
Homoeopathy (AYUSH) and Council of
Scientific and Industrial Research (CSIR)
established in 2000 for recognising, constituted an inter-disciplinary Task
respecting and rewarding innovations Force, for creating an approach paper
and outstanding traditional knowledge on establishing a Traditional Knowledge
at grassroots, has developed a model Digital Library (TKDL).
for facilitating prior informed consent
TKDL - An effective deterrent to
for local innovators and traditional
bio-piracy: TKDL is a maiden Indian
knowledge holders which provides for
effort and is a proprietary and original
NIF mediation.
database. TKDL is available in English,
[E] Protection of Japanese, French, German and Spanish.
Traditional Knowledge Today, India through TKDL is capable of
protecting about 0.224 million medical
Since time immemorial, India has
formulations. On an average, it takes five
possessed a rich traditional knowledge
to seven years for opposing a granted
of ways and means practiced to treat
patent at international level which may
diseases afflicting people. This knowledge
cost 0.2-0.6 million US$.
has generally been passed down by
word of mouth from generation to India has signed TKDL Access Agreements
generation. A part of this knowledge has with European, US, Canadian, German,
been described in ancient classical and and UK Patent Offices. These agreements
other literature, often inaccessible to the are unique in nature and have inbuilt
common person and even when accessible safeguards on non-disclosure to protect
rarely understood. Documentation of this Indias interest. Significant impact has
existing knowledge, available in public already been realised at EPO during the
domain, on various traditional systems last one year. The access to 2.24 Lakh
of medicine has become imperative (0.22 million) medicinal formulations is
to safeguard the sovereignty of this available to Patent Offices under TKDL
traditional knowledge and to protect it Access Agreement. As of September
from being misappropriated in the form 2010, 3 patents have been set aside and
of patents on non-original innovations, 23 patents have been withdrawn based on

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TKDL database by the EPO.
A recent study has revealed a sharp decline
(44%) on filing of patent applications
concerning Indian systems of medicine at
EPO. TKDL is proving to be an effective
deterrent against bio-piracy. India has
also set up a global bio-piracy watch
commitments for maintaining the worlds
system under TKDL in respect of patent
ecological foundations as economic
applications related to Indian System of
development proceeds worldwide.
Medicines. Misappropriation and bio-
The objective of the Convention are
piracy are the issues of great concern for
conservation of biological diversity;
the developing countries and this agenda
sustainable use of its components and
is being pursued at multilateral fora such
fair and equitable sharing of the benefits
as CBD, TRIPS Council and WIPO, and
arising from the use of genetic resources.
we hope, a global Traditional Knowledge
protection system is established soon. The CBD is the first comprehensive global
agreement addressing all aspects relating to
The Biological Diversity Act provides
biodiversity. The institutional framework
for documentation of coded and oral
for CBDs implementation is provided by
traditional knowledge associated with
the Conference of the Parties (COP). The
bioresources in the form of Peoples
COP is the governing body of CBD which
Biodiversity Register, to ensure effective
keeps under review implementation of the
management, promotion and sustainable
Convention, and steers its development
uses. So far, 419 such registers have been
COP is the supreme decision making
documented in 6 states. These documents
body which has the authority to adopt
will be of great value in protecting the
protocols under the Convention. It
biodiversity.
also has the authority to amend the
[F] Convention on Convention itself. To date, nine ordinary
Biological Diversity meetings of the COP have been held, the
(CBD) first three annually (Nassau, Bahamas
in 1994; Jakarta, Indonesia in 1995; and
Biodiversity as a global issue gained
Buenos Aires, Argentina in 1996), and
importance at the 1992 Earth Summit in
thereafter biennially (Bratislava, Slovak
Rio de Janeiro, Brazil where world leaders
Republic in 1998; Nairobi, Kenya in 2000;
agreed on a comprehensive strategy for
Hague, the Netherlands in 2002; Kuala
sustainable development. One of the
Lumpur, Malaysia in 2004, Curitiba,
key agreements adopted at Rio was the
Brazil in 2006, Bonn, Germany in May,
Convention on Biological Diversity
2008). CoP-10 will be held in Nagoya,
(CBD) which was signed by vast majority
Japan from 18-29th October, 2010. One
of the worlds governments showing

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 where we are taking stock of the progress
in achieving 2010 biodiversity target, and
are also in the process of adopting the
Strategic Plan for the Convention beyond
2010. More importantly, this COP has to
decide about the Access & Benefit Sharing
(ABS) negotiations, which has been the
missing pillar of the CBD even after 18
years of its birth at the Earth Summit in
extraordinary meeting of the COP has Rio de Janeiro in 1992.
been held, for adoption of the Cartegena
Negotiation on Access and Benefit
Protocol on Biosafety in two sessions in
Sharing (ABS): The CBD recognises
Cartagena, Colombia in February 1999
the sovereign rights of States over their
and in Montreal in January 2000.
natural resources in areas within their
The tenth meeting will be held in Nagoya, jurisdiction. Parties to the Convention
Japan from 18-29, October, 2010. The therefore have the authority to determine
COP through its decisions takes necessary access to genetic resources in areas within
steps to translate provisions of the their jurisdiction. Parties also have the
Convention into practical actions. These obligation to take appropriate measures
measures inter alia include: adoption of with the aim of sharing the benefits
programme of work for thematic areas derived from their use. Benefits derived
(marine and coastal biodiversity, mountain from genetic resources may include
biodiversity, agriculture biodiversity, the result of research and development
dryland biodiversity, forest biodiversity, carried out on genetic resources, the
inland water biodiversity, island transfer of technologies which make
biodiversity) and for a number of cross use of those resources, participation
cutting issues (incentive measures, alien in biotechnological research activities,
invasive species, traditional knowledge or monetary benefits arising from the
etc.) COP also issues specific guidance commercialisation of products based
for funding through the Conventions on genetic resources. Further to the call
financial mechanism for implementation for action by Governments at the World
of programmes of Convention. Summit on Sustainable Development in
2002, the COP-7 established the Working
[G] Conference of the
Group on ABS to negotiate protocol for an
Parties (COP10) international regime on access to genetic
The COP-10 is by far the most important resources and benefit-sharing.
COP for a number of reasons. It is being
The ABS working group has held nine
held in the UN proclaimed International
meetings where some progress was made
Year of Biodiversity, at a crucial juncture
in the negotiations of the draft Protocol.

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Hence, it was decided to continue and
conclude the negotiations in September
18-21, 2010 and October 13-15, 2010
using an Interregional Negotiating Group
setting. The Ninth meeting of the working
group would resume on 16 October 2010,
is expected to endorse the work of the ING
and report to the in the COP-10 meeting,
in Nagoya, Japan, from 18-29 October
2010. The protocol is very important manner and on an equal footing with same
for biodiversity rich countries like India priority.
which will be helpful in stopping bio- The biodiversity and ecosystem services are
piracy, ensure transparency in access and considered largely as public goods, their
benefits to the conservers of the genetic loss therefore goes unaccounted for in the
resources and traditional knowledge. present economic system, and therefore
Hence, India attaches high priority for can continue unabated. It is hoped that
successful negotiations and adoption of the TEEB study, led by Pavan Sukhdev,
ABS protocol. would sharpen awareness on the value
This COP is also significant as it is being of biodiversity, and in due course, may
held in the backdrop of the first-ever facilitate development of cost-effective
high level event on biodiversity of the policy responses and better informed
United National General Assembly at its decisions. As far as India is concerned,
65th Session, thereby setting the stage one such policy change on which decision
for moving biodiversity and the CBD to has already been taken even before the
the central place in global environmental final report of TEEB is released in Nagoya
discourse and arena, a place that it is that beginning from next financial
rightfully deserves, 18 years after its birth, year, performance on environmental
and years after its sister Convention on measures will be considered as one of
climate change has been getting all the the criteria for determining allocation of
headlines. funds by the Planning Commission of the
Central Government to the federal State
All recent studies and reports, including
Governments.
the Global Biodiversity Outlook-3 released
earlier this year, complemented by the Another important matter that is
report of The Economics of Ecosystem awaiting the final approval is
and Biodiversity (TEEB) to be launched, the establishment of an IPBES
point to compelling reasons as to why (Intergovernmental Platform on Biodiversity
immediate action is called for to address and Ecosystem Services). The IPBES,
the challenge of biodiversity loss along with proposed to be set on the lines of IPCC,
that of climate change, in a coordinated aims to provide a science-policy interface

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on biodiversity, especially in the backdrop pursuing and will further strengthen
of the looming ecological crisis owing capacity building efforts to our partners
to widespread loss of biodiversity and on biodiversity related issues.
ecosystem services. The expectation is that During COP-10, a high level ministerial
this step too will motivate political action. segment will be organised by the host
India is a megadiverse country with very country in consultation with the secretariat
strong science base in terms of manpower and the bureau, from 27-29th October,
and institutions. We would therefore be 2010.
happy to host the secretariat of IPBES, as The crucial issues which may pave the way
and when it is established. forward in achieving the three objectives
India is looking forward to finalisation of the CBD include successful negotiations
of the post 2010 Strategic Plan on of ABS protocol, integration of biodiversity
biodiversity at Nagoya. We recognise that concerns into planning process, bridging
some of the goals and targets in the draft the divide between the science and policy,
plan are indeed too ambitious and not ambitious but achievable targets coupled
implementable for many of the countries. with provision of adequate resources and
We therefore, support provision of universal participation of all countries
adequate, timely and proportionate as Parties in this Convention of life on
financial and technological support to Earth.
eligible developing countries for helping
them to achieve these targets.
[H] India as host of the 11th
Conference of Parties
India would also support working on
innovative financial mechanisms as a of CBD
means to support implementation of the India is going to host COP-11 in 2012. A
CBD, provided that these mechanisms formal decision on this will be taken in
supplement and not replace the the closing plenary of COP-10 in Nagoya,
financial commitments enshrined in Japan. The COP-11 will be significant
the Convention. In this context, India as it will mark the 10th anniversary
recognises the importance of South- of Johannesburg World Summit on
South Cooperation, complemented and Sustainable Development, 20th anniversary
supported by North-South Cooperation, of the Rio Earth Summit and 40th
as an important contribution to the post anniversary of Stockholm Conference.
2010 Strategic Plan. India is already

Ministry of Environment and Forests

Government of India
Paryavaran Bhawan, CGO Complex, Lodi Road, New Delhi-110 003
http://envfor.nic.in
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Photographs:
DS Negi, NC Dhingra, Manu, Sanjay Nainwal, Mukesh Bhandari & NBA-Chennai