UNDP-GEF (Global ABS Project)
NLSIU as the lead technical agency for the GoI-UNDP-GEF Project: Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol (Global ABS Project)
The Environmental Law Centres at the National Law School of India University, have over the past two decades been involved in a number of projects aimed at embellishing the development of environmental law. Following this ideal, the Centre in association with the National Biodiversity Authority of India and the UNDP, aims to work towards the Global ABS Project. The area has been seen as a highly technical one and owing to the lack of clear information regarding such a complex subject; the Centre feels that adequate groundwork needs to be done.
About the Project:
The UNDP-GEF Project: Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol is a three year project that specifically aims at assisting countries in the development and strengthening of their national ABS frameworks, human resources, and administrative capabilities to implement the Nagoya Protocol on Access and Benefit Sharing. The project seeks to achieve this by a) strengthening the legal, policy and institutional capacity to develop the ABS Frameworks, b) building trust between users and providers of genetic resources to facilitate the identification of bio-diversity efforts: and c) Strengthening the capacity of indigenous and local communities to contribute to the implementation of the Nagoya Protocol.
The implementation of the basic measures of the Nagoya Protocol in the participating countries is intended to unleash a wide range of monetary and non- monetary benefits for providers of genetic resources. Some of these benefits should be reinvested in the conservation and sustainable use of the biological resources from where the genetic resources were obtained. This will help in fulfilling one of the three objectives of the Convention of Biological Diversity. i.e. the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including access to genetic resources, transfer of relevant technologies and funding.
Inception and Training The Trainers Workshop (12th To 16th February, 2018)
In India, the National Law School of India, Bengaluru, the nation’s premier law university has been selected as the lead technical agency for the GoI-UNDP-GEF Project. The first phase of the project involved conducting Inception and Training the Trainers workshop aimed at training law professors/teachers and key persons from the industry in the fundamentals of the Biological Diversity Act, the Convention on Biological Diversity and the Nagoya Protocol on Access and Benefit Sharing and other legal and policy aspects affecting biological diversity and the ABS mechanism in India. This workshop was successfully carried out from the 12th to 16th February 2018 by the National Law School of India University on its campus.
The workshop provided rigorous training in not only the theoretical aspect of the ABS, but also on the practical and administrative aspects of the concept of ABS and its technical incorporation into agreements and practical implementation. This workshop saw enthusiastic participation from all the participants and extensive discussion on the various aspects of Biological Diversity law and Access and Benefit Sharing.
Details regarding the 5 day inception workshop can be found here: REPORT ON THE INCEPTION AND TOT WORKSHOP
BENGALURU DECLARATION ON BIOLOGICAL DIVERSITY LAWS
An outcome of the 5 day Inception and Training of trainers workshop was a declaration framed and signed by all the participants of the workshop. This Declaration provides recommendations and suggestions with regard to reforms in the legal framework in relation to Biological Diversity Laws in India. The suggestions for reforms as proposed in the declaration are a result of the rigorous discussion and deliberation that took place among all stakeholders in this workshop.
A copy of the Declaration can be accessed here
A copy of the Handbook on Biodiversity laws, Access and Benefit Sharing used during the workshop can be accessed here
The presentations used in the workshop can be accessed here: Wildlife Crimes, Convention on Biological Diversity, Cartagena Protocol on Biosafety, Nagoya Protocol, ABS and Dispute Resolution, ABS Regime in India, West Bengal State Biodiversity Rules, 2005, Marine Biodiversity and ABS, Indigenous people and Biodiversity: Legal regime, FUNCTIONS OF NBA, SBB AND BMCs, India and Nagoya Protocol, Convention on Biological Diversity, Biosafety Regulatory Framework India, Biological Diversity Act, Biosafety Regulations
- As an outcome of the Project, NLSIU came out with a joint publication with UNDP on Biological Diversity Laws and Access and Benefit Sharing. A copy of the same can be accessed here:
MASTER TRAINERS FOR THE INCEPTION WORKSHOP ON TRAINING THE TRAINERS ON BIODIVERSITY AND ACCESS AND BENEFIT SHARING LAWS
The Inception workshop that was conducted at the National Law School of India University in February 2018 involved training 30 Master Trainers which included law teachers, Researchers from scientific institutions and industry personnel from across India on Access and Benefit Sharing and Biodiversity Law. These Trainers are now responsible for training and knowledge dissemination of these aspects of law in their respective institutions.
Advance Workshop for Master Trainers on “National and International Legal Framework for the Conservation of Biodiversity”
18th-22nd February 2109
The next phase of the UNDP-GEF Project: Strengthening human resources, legal frameworks, and institutional capacities to implement the Nagoya Protocol involved conducting an Advance Workshop for Master Trainers on “National and International Legal Framework for the Conservation of Biodiversity” along with regional workshops across the states of India to build awareness on Biodiversity Law compliance.
The objective of the workshop was to train Master Trainers on finer aspects of the Biodiversity Law and the ABS mechanism so that the Trainers are equipped with an advance understanding of the same. The workshop included sessions with experts from scientific, legal and policy domains and consisted of group discussions and exercises, case studies, expert presentations on themes such as Concerns faced by the stakeholders (NBA, SBBs, research community, industry) in the enforcement and compliance of the Biodiversity laws, Monitoring and tracking utilization of biological resources and associated traditional knowledge, Ethical Code of conduct for researchers etc.
THE MOOT COURT COMPETITION ON BIOLOGICAL DIVERSITY LAW NLSIU, Bengaluru (20th February to 22nd February 2019)
On the last two days of the Programme a Biological Diversity Law Moot Court Competition wherein 21 teams from universities across India took part. All Teams were directed to prepare arguments from both the petitioner and respondent sides the issues posed by the problem drafted by NLSIU on Biodiversity Law.
The Moot Problem can be accessed here
The Competition: The Oral Rounds were divided in three stages. Stage 1: Preliminary Rounds (1st Prelims (All teams) and 2nd Prelims (8 teams)), Stage 2: Semi-Finals (4 teams), and Finals. The prelims rounds were held on 21st February and the Semi Final and Finals. 1st Prelims consisted of two rounds: 1st Prelims Round 1 and 1st Prelims Round 2.
Bench Composition: For the Preliminary Rounds the Participants of the Advanced Workshop acted as judges and each bench comprised of two judges. For the Semi Finals Special Guests were invited and the bench comprised of three judges. While for the Finals Dr. Justice N Kumar, Prof. Armin Rosencranz and Prof. (Dr.) T R Subramanya were invited to act as judges. The team scores were calculated based on the average of the scores given by each judge of the bench.
Winners: The Team from the CHRIST (deemed to be university), Bengaluru were declared as winners of the Moot Court Competition.
THE REPORT FOR THE ADVANCE WORKSHOP AND THE MOOT COURT COMPETITION CAN BE ACCESSED HERE