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Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region key challenges By Krishna Prasad Oli and Eklabya Sharma International Centre for Integrated Mountain Development Kathmandu, Nepal

Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

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Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges. Presented by Krishna Prasad Oli at the "Perth II: Global Change and the World's Mountains" conference in Perth, Scotland in September 2010.

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Page 1: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Implementation of Access and

Benefit Sharing Mechanism in the

Hindu Kush - Himalaya region – key

challenges

By

Krishna Prasad Oli and Eklabya Sharma

International Centre for Integrated Mountain Development

Kathmandu, Nepal

Page 2: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Hindu Kush Himalayan Region

Page 3: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

…has a wide variety of ecosystems, species, genes, and

traditional knowledge that contribute to the biodiversity

Biodiversity of the HKH region

Page 4: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Genetic resources and TK are vital to

livelihood

Mountain communities are

able to sustainably collect

and market various

biodiversity based

products through

livelihood diversification

and pro-poor value chain

interventions and market

exchange

Page 5: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Hindu Kush-Himalayas (“ICIMOD

region”)

– rich in biodiversity-and cultural diversity

– many indigenous peoples and minorities

– geo-politically complex

– include very “poor countries” and top emerging economies

– ...some very low in index of human development

Page 6: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

“problem statement”

immense bio-cultural diversity & agro-biodiversity… crucial for identity, livelihood, security, food sovereignty… …yet many poor people, low human development index, natural resources depleting… outsiders taking advantage of genetic resources and traditional knowledge without compensation and in non transparent, fraudulent ways.

Page 7: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Broader Challenges

…design ABS mechanism in such a way that:

• it does NOT JUST facilitate access to genetic resource and traditional knowledge for business companies…

• but it also safeguards the rights of indigenous peoples and local communities

• it helps them in their own fight against poverty

Page 8: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

• it provides incentives to the conservation of bio-cultural diversity it benefits the countries and promotes friendly and mutually supportive relations among the people and policy and legal instruments are practically implemented for the benefits of People.

Page 9: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

ABS implementation approaches

…building awareness of traditional knowledge and access

and benefit sharing

Page 10: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

“Respect, preserve and maintain knowledge,

innovations and practices of indigenous and

local communities embodying traditional

lifestyles relevant for the conservation and

sustainable use of biological diversity and

promote their wider application with the approval

and involvement of the holders of such

knowledge, innovations and practices …….” Source: CBD

Knowledge and cultural diversity

Page 11: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Key challenges in ABS

implementation in the HKH region

• Practically free access to

bioprospectors on GR and TK

• Bioprospectors not willing to

disclose the sources of origin

• Ownership over GR and TK

unclear and complex

• Problems in identifying and

recognising the single ownership

of Indigeneous and local

community

Page 12: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

• Restrictive and lengthy legal

mechanisms(Concerns of sovereignty)

• Uneasy relation between the

biodiversity law and researchers.

• Lack in harmonizing policies and laws

within and among countries resulting

poor governance

• Conflicting institutional interests.

Page 13: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Contd----

• Insufficient measures/incentives

for TK promotion and protection

• Lack of involvement of

indigenous and local communities

in negotiation and benefits

sharing.

• Flow of raw biological resources

to user countries creating

opportunities for bio piracy.

Insufficient awareness about ABS

at various levels.( Trainers

Manual)

Page 14: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Benefits from Conservation and

management approaches

Access and benefit sharing mechanisms

Government (central,

provincial/ local

Traditional knowledge holders and

parties involved

Companies, researchers individuals,

etc

National laws, administrative measures, etc

National laws, commercial practices, etc

Seeking prior informed consent (PIC)

Seeking prior informed consent (PIC)

Mutually agreed terms (MAT)

Country providing genetic resources Country accessing genetic resources

Access granted Contract finalised

Adapted from Ministry of Economy, Trade and Industries, and Japan Bioindustry Association ( 2006)

Contract implementation

Page 15: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

ICIMOD publications

Download from: http://books.icimod.org/index.php/search/subject/2

…..and

others and

more than

500 on

diverse

topics

Page 16: Implementation of Access and Benefit Sharing Mechanism in the Hindu Kush - Himalaya region - key challenges [Krishna Prasad Oli]

Thank you