UN Convention on

Biological Diversity
Unit III
International Environmental Law

1
 Introduction
• In the early 1980s scientists and independent organizations
had begun to promote global convention to conserve
biodiversity.
• Initial effort by IUCN and Zaire resulted the World Charter on
Nature, 1982, partly in honour of the 10th year anniversary of
the Stockholm Conference.
• The World Charter for Nature (UNGA Resolution 37/7)
remains one of the most progressive and innovative
international statements of humanity’s obligations to the
natural world.

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 World Charter for Nature
It proclaims five "principles of conserva3on by which all human conduct affec3ng nature
is to be guided and judged.”
1. Nature shall be respected and its essen3al processes shall not be impaired.
2. The gene3c viability on the earth shall not be compromised; the popula3on levels of
all life forms, wild and domes3cated, must be at least sufficient for their survival, and
to this end necessary habitats shall be safeguarded.
3. All areas of the earth, both land and sea, shall be subject to these principles of
conserva3on; special protec3on shall be given to unique areas, to representa3ve
samples of all the different types of ecosystems and to the habitats of rare or
endangered species.
4. Ecosystems and organisms, as well as the land, marine and atmospheric resources that
are u3lized by man, shall be managed to achieve and maintain op3mum sustainable
produc3vity, but not in such a way as to endanger the integrity of those other
ecosystems or species with which they coexist.
5. Nature shall be secured against degrada3on caused by warfare or other hos3le
ac3vi3es.

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 Introduction

• IUCN launched second initiative from 1984-1989, resulting in draft

articles concentrated on global action to conserve biodiversity,
focusing on in situ conservation, and detailed recommendations
for a financial mechanism.
• Although governments rejected the IUCN draft, but it did build
support for biodiversity conservation.
• Beginning in 1987, UNEP established working group to prepare for
an umbrella convention.
• Formal negotiations began in 1991.

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 Introduction
• During negotiations, biodiversity deemed “common heritage of
mankind”.
– This would mean free access to the resources (concerned by developing
countries).
– Benefit sharing or transfers of technology derived from biodiversity
(concerned by developed countries).
• Ultimately negotiators agreed..
– Conservation of biodiversity was “a common concern of humankind”.
– It affirmed biological resources subject to State’s sovereignty.
– Fulfilled North’s interests in conservation and South’s interest in
benefiting from biological resources within their borders.

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 Introduction

• At UNCED (UN Conference on Environment and Development) or

Rio Conference or Earth Summit, 1992, the convention was
adopted and opened for signature.

• It was signed by almost all countries.

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 Introduction
• UNCBD came in force in 29 December 1993.

• At present 196 States are its parties (as of 2020).

• First global treaty to provide a comprehensive framework that

addresses all aspects of biodiversity

• The Fifteenth meeting of the Conference of the Parties (COP

15) will be held in Kunming, China, in October 2020.

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 Importance of biodiversity
Biodiversity is important in a number of ways: (i) species have utilitarian
(subsistence and commercial) value to human, (ii) biodiversity represents the
natural balance within an ecosystem that provides a number of ecological
services, including nutrient cycling and pollination of plants, and (iii) species
have intrinsic value.
Conserving biodiversity is thus an essential part of safeguarding the
biological life support systems on Earth.
In Nepal, biodiversity is closely linked to the livelihoods and economic well-
being of most people. (Biodiversity Strategy and Action Plan 2014-2020)

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 What is biodiversity?
Biodiversity represents the natural balance within an ecosystem.
Detoxification and decomposition of wastes by biological
communities (particularly bacteria and fungi), generation and
renewal of soil fertility including nutrient cycling, and pollination of
plants are just a few examples of ecological services associated with
biodiversity.
[NBSAP 2014-2020]

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 UN Convention on Biodiversity,
1992
• Biodiversity convention is about wildlife but unlike other wildlife treaties
it didn’t focus only on migratory birds and wildlife trade.
• Biodiversity convention focused on in situ and ex situ conservation
(Articles 8 and 9).
• It encouraged customary use of biological resources in accordance with
traditional cultural practices (Article 10).
• The CBD recognizes that biological diversity is about more than plants,
animals, micro organisms and their ecosystems – it is also about
people and our need for food security, medicines, fresh air and water,
shelter, and a clean and healthy environment to live in.

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 UN Convention on Biodiversity,
1992
• Conceived as a practical tool for translating the principles of
Agenda 21 into reality, the Convention recognizes that biological
diversity is about more than plants, animals and micro organisms
and their ecosystems.

• The two principles of Agenda 21 are :

1. To combat environmental damage, poverty disease through global
cooperation and common interests mutual needs and shared
responsibilities.
2. Every local government should have their own local agenda 21.

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 UN Convention on Biodiversity,
1992

• First environmental convention to recognize the importance of

indigenous peoples (Article 8(j) and 10 (c))

• First Convention to incorporate Stockholm Declaration principle

21 into the operational part (Article 3) rather than the preamble
section.

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CBD, 1992, Principle, Article 3

States have, in accordance with the Charter of the United Nations

and the principles of international law, the sovereign right to
exploit their own resources pursuant to their own environmental
policies, and the responsibility to ensure that activities within
their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of
national jurisdiction.

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 UN Convention on Biodiversity,
1992

It recognizes that biological diversity have intrinsic value (preamble).

The Convention was the 1st international environmental instrument

to include ecosystems as a component of biological diversity
(preamble).

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 Preamble, CBD 1992

– …… conservation of biodiversity is “a common concern of

humankind”.
– …….. States have “sovereign rights over their own biological
resources”.
– ……. States are “responsible for conserving their biological
diversity and for using their biological resources in a
sustainable manner”.
– ……… intrinsic value of biological diversity….……
– … importance of the biological diversity for evolution and
maintaining life sustaining systems of the biosphere.

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 Preamble, CBD 1992
– …..where there is a threat of significant reduction or loss
of biological diversity, measures should not be avoided or
postponed where there is a lack of full scientific certainty
(precautionary principal), and
– ……that biodiversity should be conserved and sustainably
used for the benefit of present and future generations
(Intergenerational Equity).
– …conservation and sustainable use of biodiversity is
important to meet the food, health and other needs …….
access to and sharing of both genetic resources and
technologies are essential.

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 Objectives, article 1

Three main objectives (Article 1, CBD):

1. the conservation of biological diversity;
2. the sustainable use of its components; and
3. the fair and equitable sharing of the benefits arising out of
the utilization of genetic resources.

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 CBD, definition, Article 2

"Biological diversity" means the variability among

living organisms from all sources including, inter
alia, terrestrial, marine and other aquatic ecosystems
and the ecological complexes of which they are part:
this includes diversity within species, between
species and of ecosystems.

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Environment Protection Act, 2076

"Biological Diversity" means ecosystem diversity,

species diversity and genetic diversity.
(Environmental Protection Act, 2076, section 2g).

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Nepal biodiversity strategy, 2002
Biological diversity or biodiversity is the total variety of life on
Earth. It encompasses the total number, variety, and variability
of life forms, levels, and combinations existing within the living
world. As such, biodiversity means the richness and variety of
living beings from all sources including, inter alia, terrestrial,
marine and freshwater ecosystems, and the ecological
complexes of which they are part; this includes diversity within
species, between species and of ecosystems.

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 Genetic diversity

• Genetic diversity is the genetic variability among individuals of a

single species and between species.
– Different genetic combinations are responsible for the variations within
single species (e.g. each snow leopard’s individual coat) and between
species (e.g. leopards and snow leopards).
– Genes determine the ability of an organism to survive in a particular habitat
under special conditions. They also increase the ability of species to adapt
to changes in the environment.

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Nepal biodiversity strategy 2002

Genetic diversity refers to the variation of genes and/or genomes

within living organisms, that is, the genetic differences between
populations of a single species and between individuals within a
population. In other words, this covers distinct populations of the
same species such as the hundreds of traditional rice varieties in
Nepal.

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 Species diversity

• Species diversity is the number of different species represented in

a given community. Biological diversity is very commonly used as
a synonym of species diversity.
• Some diversity has more diverse range such as rainforest and
coral reefs whilst other habitats can have an abundance of
species diversity.
• Species have utilitarian value to humans.

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 Species diversity
Species diversity can be further distinguished into three types: alpha, beta and
gamma diversities. Alpha diversity refers to the diversity at one site; beta
diversity is species turn over across an environmental or geographical
gradient; and gamma diversity refers to the total number of species in a
region.
In Nepal, particularly the beta diversity, is very high.
[The 'region' here means a geographical area that includes no significant
barriers to dispersal of organisms.}
[National Biodiversity Strategy and Action Plan 2014-2020]

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 Ecosystem diversity
• Ecosystem diversity deals with the variations
in ecosystems within a geographical location and its overall
impact on human existence and the environment.
• Ecosystems can cover small or large area and are a
community of organisms and their environment that they
live in.
• examples, wetland ecosystem, desert ecosystem etc.

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Nepal biodiversity strategy 2002

Ecosystem diversity comprises the variety of habitats, the

dynamic complexes of plant, animal and microorganism
communities and their non-living environment, which interact
as a functional unit, and their change over time. Ecologists have
identified 118 ecosystems in Nepal representing distinct
biological communities with their associated flora and fauna.

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 Definitions, Article 2

• Sustainable use is defined as “the use of components of

biodiversity in ways and at a rate that does not lead to long
term decline and maintaining the potential of biodiversity to
meet the needs of present and future generation”.

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Conservation and Sustainable Use

• Emphasizes all parties must cooperate for the conservation and

sustainable use of biodiversity, irrespective of their national
jurisdiction or beyond through international organization in matters
of mutual interests (Article 5, CBD). E.g. WWF, IUCN etc.
• Requires parties to develop national strategies, plans or
programmes for the conservation and sustainable use of biological
diversity (Article 6, CBD). Nepal in this regard has developed
National Biodiversity Strategy and Action Plans 2014-2020.

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Conservation and Sustainable Use

• Mentions of identification and monitoring of biodiversity for

their conservation and sustainable use (Article 7, CBD).
• The Convention is unique for its emphasis on in situ
conservation.
• The protection of species and ecosystems in their place of
origin as the primary approach to biodiversity
conservation. (Article 8)

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Conservation and Sustainable Use

In-situ conservation

The Convention places greater emphasis on the protection of

ecosystem than upon the specific protection of species
because the conservation of ecosystems seems to be the best
approach for conserving biodiversity. (article 8 (a-m), CBD)

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Conservation and Sustainable Use

Article 8(j) is about the knowledge, innovations and practices

of indigenous and local communities, which reflect traditional
lifestyles that are relevant to the conservation and
sustainable use of biodiversity.
(1st environmental treaty to recognize indigenous
knowledge – significance of CBD).

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Conservation and Sustainable Use

Article 8(j) requires

– Respect, preserve and maintain indigenous and local communities’
knowledge, innovations and practices
– With the approval and involvement of the communities, promote
the wider application of indigenous knowledge, innovation and
practices
– Encourage the equitable sharing of the benefits arising from the
use of indigenous knowledge, innovations and practices.

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Conservation and Sustainable Use

Basically…
• [indigenous knowledge refers to the empirical
knowledge of a group of long-time inhabitants of a
specific location, and the principles underlying the
generation, organization, meaning and diffusion of that
knowledge . Gurung, J; ICIMOD; 1994 ]

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Conservation and Sustainable Use
Ex situ conservation means the conservation of
components of biological diversity outside their natural
habitats. (Article 9 (a), (b), (c), (d), (e))
Ex-situ methods assure the availability of a number of gene
sources, but there are a number of significant risks and
problems with ex-situ maintenance, including high costs, lack
of funding, political manipulation and the threat of regional
conflicts.

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Conservation and Sustainable Use

• The fair and equitable sharing of the benefits

arising out of the utilization of genetic resources.

• An appropriate access to genetic resources.

• An appropriate transfer of relevant technologies.

• An appropriate funding, thereby contributing to

the conservation of biological diversity.

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 Bio piracy
When researchers use traditional knowledge without permission, or
exploits the cultures they’re drawing from – it’s called bio piracy.

Bio piracy is unauthorized appropriation and commercial

exploitation of indigenous knowledge and biological resources.

Indigenous people’s IPR are one of the main threats to indigenous

people.

Form of exploitation.

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 Cases on biopiracy
• (1) Patenting of neem by WR Grace an American company. After
10 years of legal dispute, India got the victory over it.
http://news.bbc.co.uk/2/hi/science/nature/4333627.stm

• 2) European Patent Office granted Patent EP0436257 on a method

for controlling fungi on plants by the aid of a hydrophobic
extracted neem oil, a knowledge that was extensively used in India
already. NGOs and a European Parliament helped in getting the
patent revoked.

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 Cases on biopiracy

• US Patent 5401504 granted the use of turmeric powder for

healing wounds. Applicant did not disclose fully existence
traditional knowledge on the subject matter in India. This was
made available by India to USPTO, and the patent was revoked.

• Patenting of basmati rice in the USA, which took place despite the
fact that the farmers of Bangladesh, India, Nepal, Pakistan and
maybe Sri Lanka and Thailand have been growing it for 100s of
years. (still on going legal battle). (case filed in 1994)

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 Bio piracy

• Intellectual Property Right:

– IPR is a legal concept which refers to creations of mind for which
exclusive rights are recognized.

– Under intellectual property law, owners are granted certain exclusive

rights to their tangible and intangible assets.

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Major threats to biodiversity
▪ Biodiversity is influenced by changes in land use and land cover,
climate, and demographics, and the impacts of globalization.
▪ Major threats include habitat degradation (overgrazing, deforestation,
monoculture, pollution, drainage); Habitat fragmentation (habitat
conversion, encroachment, infrastructure development);
▪ Over-extraction of resources (poaching, illegal harvesting, commercial
fishing);
▪ Introduction of non-native species (alien species).
▪ Poor governance.

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 Benefits of conservation of
biodiversity
• Indigenous knowledge needs to be integrated with scientific
research, and biodiversity conservation and sustainable use
activities with the larger decision-making frameworks.
• Biodiversity conservation requires strong institutions at all levels –
local, regional, and national.
• Regional cooperation (e.g. SAARC) must be the basis for regional
actions to address trans-boundary issues and strengthen a
regional voice towards understanding global trade offs and
incentives related to biodiversity management.

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 Institutional setup

• Conference of the Party (COP).

• Subsidiary Body of Scientific, Technical and Technological Advice
(SBSTTA).

• Working Group on the Review of Implementation.

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 Conference of the Party

• Supreme decision making body of the conference.

• All states that are parties to the convention are represented
at the CoP.
• Take decision to effective implementation of the convention,
including institutional and administrative.

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 Subsidiary body on scientific and
technical and technological advise

• SBSTTA provides CoP timely advice relating to the

implementation of the Convention.
• It is open to all Parties and was established by Article 25 of
the Convention.

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 Working group on the review of
implementation

The Ad Hoc Open-ended Working Group on the Review

of Implementation (WGRI) of the Convention was
created in 2004 by a decision of the COP.

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 CBD Secretariat
• The Secretariat of the CBD is located in Montreal, and administered by
the United Nations Environment Programme.
• Its main function is to assist governments in the implementation of the
CBD and its programmes of work, to organize meetings, draft
documents.
• To coordinate with other relevant international bodies and, in particular
to enter into such administrative and contractual arrangements as may
be required for the effective discharge of its functions; and
• To perform such other functions as may be determined by the COP.
• The Executive Secretary is the head of the Secretariat.

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 Significance of CBD

• Article 3 of the CBD restates the precise words of Stockholm

declaration principle 21. It emphasizes on sovereign rights
as well as obligates States to have responsibilities under
international law not to damage the environment.
• The Convention makes clear that,
– sovereign rights are limited to preventing damage to other states,
– ‘codifies’ sustainable development,
– protects indigenous cultures, traditional knowledge and
– provides a legal framework for biotechnology.

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 Significance of CBD

The CBD is designed as an umbrella organization of the other

conventions with the mandate to reduce the global decline in
biodiversity.
It is a comprehensive resource for building national systems for
biodiversity conservation and is also based on the holistic
ecosystem approach.

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 Significance of CBD
Ecosystem approach
The ecosystem approach is a strategy for the integrated
management of land, water and living resources that promotes
conservation and sustainable use in an equitable way. It helps to
reach three objectives of the Convention:
– Conservation;
– Sustainable use;
– The fair and equitable sharing of the benefits arising out of the
utilization of genetic resources.

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 CBD, 1992
• Two protocols have been established to support and
help the convention to reach its objectives.

• The Cartagena Protocol on Biosafety.

• Entered into force on the 11th September 2003.

• The Nagoya Protocol on Access and Benefit Sharing.

• Entered into force in 2011.

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 Nepal

Nepal ratified CBD on 23 November 1993 and

enforced since 21 February 1994.

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Types of ecosystem in Nepal
• The original study to identify and classify the country’s
ecosystems was carried out by Dobremez and his colleagues in
the late 1960s. The classification was based on altitude, climatic
variations and vegetation types (Dobremez, 1970; 1976).

• The Biodiversity Profiles Project (1995), which built upon

Dobremez’s work and reports 118 ecosystems with 75
vegetation types, is the most widely used categorization of
ecosystems and vegetation since its creation. Most of the
ecosystems are found in the Middle Mountains and High
Mountains

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Types of ecosystem in Nepal
• Five types pf ecosystem in Nepal.

• Forest ecosystems

• Rangeland ecosystems

• Wetland ecosystems

• Agro ecosystems

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 Nepal
Major laws and policies in support to CBD

• Constitution of Nepal 2015 (Article 51 (छ), 51 (e).

• Nepal Biodiversity Strategy, 2002.

• Environmental Protection Act , 2019 and Environment Protection Regulation,

2020

• Nepal Biodiversity Strategy Implementation Plan, 2006-2010.

• Nepal Biodiversity Framework, 2007.

• Nepal National Biodiversity Strategy and Action Plan 2014-2020 (revised and
updated version of NBS 2002).

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laws/policies in support to CBD

– National Parks and Wildlife Conservation Act (1973) and National Parks
and Wildlife Conservation Regulation (1974)
– National conservation Strategy, 1987.
– Biodiversity Acton Plan 1999.
– Nepal Environmental Policy and Action Plan, 1993 and 1998.
– Plant Protection Act (2007)
– Eighth Plan (1992-1997) – separate chapter on ‘environment and
resource conservation’.
– Ninth Plan (1997-2002) – focused on ecosystem conservation.

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laws/policies in support to CBD

– Tenth Plan (2002-2007) – focused on biosafety.

– Wildlife Reserve Regulation (1978).
– National Wetland Policy (2013).
– Agroforestry Policy (2004)
– Elephant Management Policy (1966) S
– Soil Conservation and Watershed Management Act (1982) and Soil
Conservation and Watershed Regulation (1983).
– Forest Master Plan 1988.
– Forest Policy 2015.
– Forest Act 2019 and Forest Regulation (1995) .

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laws/policies in support to CBD

– The National Conservation Strategy, 1988.

– Forestry Sector Policy, 2000.
– Buffer Zone Regulation (1996)
– Herbs and NTFP Development Policy 2004.
– Bio-safety Guidelines, 2005.
– National Agro-biodiversity Policy, 2007.
– National Bio-safety Policy, 2007.
– Conservation Area Management Regulation (2001).
– Climate Change Policy (2011) and National Climate Change Policy 2076
BS

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laws/policies in support to CBD

– Rangeland Policy (2012).

– REDD+ Strategy (2018).
– Agriculture Development Strategy (2017).
– Non-Timber Forest Products and Herbs Development Policy (2004)
– CITES Act 2073 and CITES Regulation 2076

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Nepal Biodiversity Strategy, 2002
Government of Nepal prepared Nepal Biodiversity Strategy ( NBS)
with technical and financial support of Global Environment Fund
(GEF) in 2002.
The NBS had advocated preparation of inventory of species of all
protected areas.
The NBS emphasizes on formulation of species and conservation
plan that focuses on key species highly prioritized in forest and
protected area.

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Nepal Biodiversity Strategy, 2002
Rangeland management strategy outlined the creation of
biodiversity database, rehabilitation of overgrazed areas,
incorporating indigenous knowledge into development plans,
control of illegal hunting, etc.
Ecosystems with high level of species diversity, endemism, rare,
endangered, threatened plants species, most pristine, and
wilderness, uniqueness were given very high priority to conserve
under the scientific and ecological criteria.

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 Nepal Biodiversity Strategy
Implementation Plan 2006-2010

Adoption of a more holistic approach in conservation of

biodiversity and sustainable use of biological resources through
implementation of a number of cross-sectoral as well as sector
wise strategies for the management of habitat, species and
genetic diversity.
The Plan has recommended 13 priority projects.

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 Nepal Biodiversity Strategy
Implementation Plan 2006-2010
Under the leadership of MoFSC, the NBSIP 2006 aims at developing
linkages between biological resources, livelihoods and economic
development, and the implementation plan to achieve the goals
of Nepal Biodiversity Strategy (NBS) of 2002.
The major implementation plan of the NBSIP is conservation of the
biodiversity within and outside protected areas at landscape level
and document and register biological resources and associated
traditional knowledge.

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 Nepal Biodiversity Strategy
Implementation Plan 2006-2010

The plan states conservation of endangered or threatened species in

a participatory relationship.

The plan did not however, say anything about revision of

conservation status of species, which was most crucial for
conservation assessment at regular time interval.

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 Nepal Biodiversity Framework
2007

Protection of biodiversity, human health and environment from

adverse effects of modern biotechnology and GMOs.

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National Biodiversity Strategy and
Action Plan 2014-2020
• The National Biodiversity Strategy and Action Plan has been
prepared with a 35-year vision of “conservation of biodiversity for
sound and resilient ecosystems and national prosperity”.
• The overall goal of the NBSAP is to significantly enhance the
integrity of Nepal’s ecological systems by 2020, thereby
contributing to human well-being and sustainable development of
the country.

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National Biodiversity Strategy and
Action Plan 2014-2020
• National Biodiversity Strategy and Action Plan (NBSAP) is a revised
and updated version of the Nepal Biodiversity Strategy (NBS).
• Eight principles underpin the strategy and 13 broad strategic
approaches have been prescribed to facilitate its implementation.
• The experience gained and lessons learned from implementation of
the Nepal Biodiversity Strategy (2002) and Nepal Biodiversity
Strategy Implementation Plan (2006) provided the necessary context
for formulating the strategy.

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National Biodiversity Strategy and
Action Plan 2014-2020

It builds on the achievements and lessons learned from National

Biodiversity Strategy.
The objectives of the NBSAP are to promote the coherence and
contribute to the achievement of the three objectives of the CBD,
and Strategic Plan for Biodiversity 2011-2020 and the Aichi
Biodiversity Targets 2010.

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National Biodiversity Strategy and
Action Plan 2014-2020

Ministry of Forests and Soil Conservation (MoFSC) has prepared

this revised National Biodiversity Strategy and Action Plan
(NBSAP) with the financial support from the Global
Environment Facility through the United Nations Environment
Programme.

68
National Biodiversity Strategy and
Action Plan 2014-2020
The NBSAP provides a guiding framework for the management of
Nepal’s biodiversity.
It has been prepared to meet the national needs for managing
biodiversity on a sustainable basis for the benefit of present and
future generations, and also to fulfill the country’s international
obligations.
It has a long-term (i.e. 35 years) vision, and includes specific short-
term (up to 2020) strategies and priorities for action.

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National Biodiversity Strategy and
Action Plan 2014-2020

The NBSAP contains seven chapters, including: (i) introduction, (ii)

the national context, (iii) threats to biodiversity in Nepal, (iv) efforts,
outcomes and gaps in the management of biodiversity, (v) strategy
for management of biodiversity, (vi) arrangements for
implementation of the strategy, and (vii) framework for Local
Biodiversity Strategy and Action Plan.

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 National Intellectual Property
Policy 2012

National Intellectual Property Policy

71
 Access to Benefit Sharing Bill,
2016

Access to Genetic Resources and Benefit Sharing (AGRBS) included

the provisions related to Access to Benefit Sharing as stipulated in
the UNCBD.
These provisions include ownership on genetic resources and
genetic material.

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 Access to Benefit Sharing Bill,
2016

There are three categories of ownership:

1. Ownership of individual person or organization
2. Ownership of local communities
3. Ownership of Government of Nepal if genetic
resources and materials do not fall under the first two
categories.

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 Access to Benefit Sharing Bill,
2016
– AGRBS has made provision of “Access”, “Use” and “Benefit Sharing”
mechanism.

– AGBRS clearly states in section 24 that the government would have 50% ,
the council 30% and the communities 20% of the benefit arising out of
the natural resources owned by the Government.

– AGBRS further states that if the resources belong to community, the

provision should be 51% to local community, 29% to council and 20% to
government.

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