Development but Not At The Cost Of Biodiversity: A Plan For “Living In Harmony With Nature”
Authors: Partha PratimMitra and Prakash Sharma*
The United Nations General Assembly in 2006 adopted 22nd May every year as the International Day for Biological Diversity.The day commemorates the adoption of the agreed text of the Convention on Biological Diversity(CBD).This year’s slogan is “Our solutions are in nature”, which emphasizes upon ‘hope, solidarity and the importance of working together at all levels’, and a future built in harmony with nature. This year is important because it is the final year for three major instrument, namely United Nations Decade on Biodiversity (2011-2020), the Strategic Plan for Biodiversity (2011-2020) and its Aichi Biodiversity Targets.
The year is also important because CBD is revising and working on another strategic plan to adopt post-2020 global biodiversity framework as a stepping stone towards the 2050 vision of “Living in harmony with nature”. The present paper discusses how ‘biodiversity’ is central to the development of environment discourse, especially when issues concerning ‘biodiversity’ makes international negotiations and agreements controversial and highly politicized. Amongst issues, perhaps three appears to be crucial i.e. national sovereignty; conservation and sustainable use of biodiversity; access and sharing of benefits of biodiversity.
CBD was signed in the year of 1992 at the United Nations Conference on Environment and Development(the Rio Earth Summit).CBD links traditional conservation efforts to the economic goal of sustainable using of biological resources. CBD has ensured that international environment law recognizes the conservation of biodiversity as “a common concern of humankind”, and at the same time remains an integral part of the development process.CBD is legally binding, and nation-states that join it are obliged to implement its provisions.
CBD covers ecosystems, species, genetic resources, biotechnology, and links traditional conservation efforts to the economic goal of using biological resources. It sets out principles for a fair and equitable sharing of the benefits arising from the use of genetic resources. While it reminds decision-makers that natural resources are not infinite and its sustainable use, it recognizes that ecosystems, species and genes must be used for the benefit of humans. The earlier conservation efforts were only aimed at protecting particular species and habitats. Further, CBD offers guidance based on the precautionary principle to the decision makers and demands that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.
To date the Conference of the Parties (COP) has held 14 ordinary meetings, and one extraordinary meeting, namely the Biosafety Protocol, which was held in two parts. From 1994 to 1996, COP was held annually, and thereafter meetings were held less frequently. However, following a change in the rules of procedure in 2000, COPs were held every two years. COP is the governing body of the Convention, and advances implementation of the Convention through the decisions it takes at its periodic meetings.
Through its Cartagena Protocol on Biosafety, it addresses concern of technology development and transfer, benefit-sharing and biosafety issues. It is the first international regulatory framework for the safe transfer, handling and use of Living Modified Organisms. Likewise, the Jakarta Mandate on marine and coastal biological diversity was adopted by the CBD Parties in 1995 to underline the importance of establishing coastal and marine protected areas. Subsequently, the CBD Parties have agreed that marine and coastal protected areas are one of the essential tools and approaches in the conservation and sustainable use of marine and coastal biodiversity. In the same year, Protocol concerning specially protected areas and biological diversity in the Mediterranean was adopted in Barcelona(came into force on 12 December, 1999). It is a key facilitator of CBD implementation in the Mediterranean area. Under the instrument, Parties are obliged to take necessary actions, In order to protect, preserve and manage in sustainable and environmentally sound way, areas of particular natural or cultural value, notably by the establishment of specially protected areas, and to protect, preserve and manage the threatened or endangered species of flora and fauna.
Another important instrument was the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Adopted in the year 2010, the instrument sets out core obligations for its contracting Parties to take measures in relation to access to genetic resources, benefit-sharing and compliance. It also creates incentives mechanism for conserving and sustainably using genetic resources for human well-being.
Balancing Intellectual Property Rights and Biological Diversity: Key Issues
Article 8 (j), CBD encourages to take steps that respect, preserve, maintain knowledge, innovations, practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity. It also suggests use of measures that promote their wider application with the approval and involvement of the holders of such knowledge, and encourage the equitable sharing of the benefits. Article 15(7), CBD mandates that each contracting Party, upon mutually agreed terms, shall take legislative, administrative or policy measures, with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the contracting Party providing such resources. Under Article 16(5), CBD the contracting Parties are required to recognize patents and other intellectual property rights (IPRs)that may have an influence, and shall cooperate in this regard, subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.
Now, the current IPR regime encourages commercialization of seed development, monoculture, protection of new plant varieties, microorganisms, and genetically modified organisms. As a consequence, the rich biogenetic diversity is being eroded irreversibly. The relationship between the CBD and IPRs has been even considered by the COP in a number of decisions. In this regard, invitation was made to Word Trade Organization (WTO) to consider relevant provisions of CBD, their interrelationship with the provisions of the TRIPS Agreement, and to further explore this interrelationship. Policy-makers and members of civil society have registered concerns that the TRIPS Agreement promotes private commercial interests at the expense of public policy objectives contained in the CBD. It is disastrous to allow commercial priorities at the expense of the diverse eco-systems. The extent IPRs are considered essential to the industries, and in view of the increasing corporate control of biotechnological research, demands revisit of CBD. In this sense many argue that CBD is now regarded as a case of a hard treaty gone soft in the implementation trajectory.
Indian Position on Biodiversity Conservation
India plays a significant role in the protection of biodiversity acknowledges the value of biodiversity for sustaining and nourishing human communities. There are17 “mega-diverse” nation-states that contain 70 % of world’s biodiversity. India is one of these megadiverse countries with 2.4% of the land area, accounting for 7-8% of the species of the world, including about 91,000 species of animals and 45,500 species of plants, that have been documented in its ten bio-geographic regions. In order to honour the mandate of CBD, India had enacted the Biological Diversity Act, 2002for preservation of biological diversity, and establishes a mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The Act establishes Authorities at both Central [National Biodiversity Authority (NBA)] and State level [State Biodiversity Board (SBB)].India has framed Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014 in pursuance of the Nagoya Protocol. As a result, any person who intends to obtain any IPR by whatever name called, in or outside India, for any invention based on any research or information on any biological resources obtained from India, shall make an application to the NBA in Form III of the Biological Diversity Rules, 2004.Now, where the applicant himself commercializes the process or product or innovation, the monetary sharing shall be in the range of 0.2 to 1.0% based on sectoral approach, which shall be worked out on the annual gross ex-factory sale minus government taxes. Likewise, where the applicant assigns or licenses the process or product or innovation to a third party for commercialization, the applicant shall pay to NBA monetary sharing of 3.0 to 5.0% of the fee received (in any form including the license or assignee fee) and 2.0 to 5.0% of the royalty amount received annually from the assignee or licensee, based on sectoral approach. However, any person applying for any right under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 is exempted from this procedure.
India is a leading country in having established a comprehensive legal and institutional system to realize the objectives of CBD. Besides, the efforts on behalf of NBA is recognized globally for its pioneering work to implement the CBD and fully operationalize the access and benefit-sharing provisions, among others through a national network of Biodiversity Management Committees, alongside the establishment of People Biodiversity Registers. There have been certain collaborative efforts, for instance the Government of India in collaboration with the Norwegian Government has established “Centre for Biodiversity Policy and Law” (CEBPOL) for strengthening the biodiversity policy and law in India.
Policy-makers have an important role to play in ensuring that policies and practices relating to IPRs, and the need for the conservation of biodiversity, remain mutually supportive. In this regard, Governments are required to adopt an integrated approach ‘across’and ‘between’ different national and international fora, to strictly implement the objectives and provisions of the CBD. Presently, CBD is in the epicenter of Global North-South debate, wherein developed States wants to promotes “scientific development, IPR for plant verities, genetically modified foods”,and developing States wants to extent protection on “agriculture, farmer’s rights, animal welfare, environment and ecology”.
We need to understand that the presentCOVID-19 pandemic has shown us how important is biodiversity in nature, and how scientific development and medicinal advancement are incomplete to handle situations like these. It is a clarion call from our creator is to remind ourselves of “live and let others live”. Extinction of species do affect our ecosystem, particularly when every specie has an important role to play on the planet. Biodiversity combines interactions of all living organisms and their existence on the planet. Only this time no Noah’s ark will come unless strict adherence to CBD is made. Indeed, itis possible to save all species in the mother earth because “Solutions are in Nature”.
*Assistant Professor, VSLLS, Vivekananda Institute of Professional Studies, New Delhi.
A liveable future for all is possible, if we take urgent climate action
A major UN “report of reports” from the authoritative Intergovernmental Panel on Climate Change (IPCC), outlines the many options that can be taken now, to reduce greenhouse gas emissions and adapt to human-caused climate change.The study, “Climate Change 2023: Synthesis Report”, released on Monday following a week-long IPCC session in Interlaken, brings into sharp focus the losses and damages experienced now, and expected to continue into the future, which are hitting the most vulnerable people and ecosystems especially hard.
Temperatures have already risen to 1.1 degrees Celsius above pre-industrial levels, a consequence of more than a century of burning fossil fuels, as well as unequal and unsustainable energy and land use. This has resulted in more frequent and intense extreme weather events that have caused increasingly dangerous impacts on nature and people in every region of the world.
Climate-driven food and water insecurity is expected to grow with increased warming: when the risks combine with other adverse events, such as pandemics or conflicts, they become even more difficult to manage.
Time is short, but there is a clear path forward
If temperatures are to be kept to 1.5 degrees Celsius above pre-industrial levels, deep, rapid, and sustained greenhouse gas emissions reductions will be needed in all sectors this decade, the reports states. Emissions need to go down now, and be cut by almost half by 2030, if this goal has any chance of being achieved.
The solution proposed by the IPCC is “climate resilient development,” which involves integrating measures to adapt to climate change with actions to reduce or avoid greenhouse gas emissions in ways that provide wider benefits.
Examples include access to clean energy, low-carbon electrification, the promotion of zero and low carbon transport, and improved air quality: the economic benefits for people’s health from air quality improvements alone would be roughly the same, or possibly even larger, than the costs of reducing or avoiding emissions
“The greatest gains in wellbeing could come from prioritizing climate risk reduction for low-income and marginalized communities, including people living in informal settlements,” said Christopher Trisos, one of the report’s authors. “Accelerated climate action will only come about if there is a many-fold increase in finance. Insufficient and misaligned finance is holding back progress.”
Governments are key
The power of governments to reduce barriers to lowering greenhouse gas emissions, through public funding and clear signals to investors, and scaling up tried and tested policy measures, is emphasized in the report.
Changes in the food sector, electricity, transport, industry, buildings, and land-use are highlighted as important ways to cut emissions, as well as moves to low-carbon lifestyles, which would improve health and wellbeing.
“Transformational changes are more likely to succeed where there is trust, where everyone works together to prioritize risk reduction, and where benefits and burdens are shared equitably,” said IPCC Chair Hoesung Lee.
“This Synthesis Report underscores the urgency of taking more ambitious action and shows that, if we act now, we can still secure a liveable sustainable future for all.”
UN chief announces plan to speed up progress
In a video message released on Monday, UN Secretary-General António Guterres described the report as a “how-to guide to defuse the climate time-bomb.”
Climate action is needed on all fronts: “everything, everywhere, all at once,” he declared, in a reference to this year’s Best Film Academy Award winner.
The UN chief has proposed to the G20 group of highly developed economies a “Climate Solidarity Pact,” in which all big emitters would make extra efforts to cut emissions, and wealthier countries would mobilize financial and technical resources to support emerging economies in a common effort to ensure that global temperatures do not rise by more than 1.5 degrees Celsius above pre-industrial levels.
Mr. Guterres announced that he is presenting a plan to boost efforts to achieve the Pact through an Acceleration Agenda, which involves leaders of developed countries committing to reaching net zero as close as possible to 2040, and developing countries as close as possible to 2050.
The Agenda calls for an end to coal, net-zero electricity generation by 2035 for all developed countries and 2040 for the rest of the world, and a stop to all licensing or funding of new oil and gas, and any expansion of existing oil and gas reserves.
These measures, continued Mr. Guterres, must accompany safeguards for the most vulnerable communities, scaling up finance and capacities for adaptation and loss and damage, and promoting reforms to ensure Multilateral Development Banks provide more grants and loans, and fully mobilize private finance.
Looking ahead to the upcoming UN climate conference, due to be held in Dubai from 30 November to 12 December, Mr. Guterres said that he expects all G20 leaders to have committed to ambitious new economy-wide nationally determined contributions encompassing all greenhouse gases, and indicating their absolute emissions cuts targets for 2035 and 2040.
Journey to net-zero ‘picks up pace’
Achim Steiner, Administrator, of the UN Development Programme (UNDP) pointed to signs that the journey to net-zero is picking up pace as the world looks to the 2023 UN Climate Change Conference or COP28 in the United Arab Emirates.
“That includes the Inflation Reduction Act in the U.S., described ‘the most significant legislation in history to tackle the climate crisis’ and the European Union’s latest Green Deal Industrial Plan, a strategy to make the bloc the home of clean technology and green jobs,” he said.
“Now is the time for an era of co-investment in bold solutions. As the narrow window of opportunity to stop climate change rapidly closes, the choices that governments, the private sector, and communities now make — or do not make – will go down in history.”
A Treaty to Preserve Oceans – And Our World
There is cause for celebration in our climatically distressed world for a treaty of historic proportions has been signed by the UN member states. It is the culmination of 15 years of talks and discussions.
Vital to the preservation of 30 percent of our earth, i.e. land and ocean, the oceans treaty broke many political barriers. The EU environment commissioner Virginijus Sinkevicius applauded the event saying it was a crucial step towards preserving marine life and its essential biodiversity for generations to come.
The UN Secretary General commended the delegates, his spokesperson calling the agreement a “victory for multilateralism and for global efforts to counter the destructive trends facing oceanhealth, now and for generations to come.”
The real problem is the oceans belong to no one — and thus available to everyone — because the exclusive economic zones of countries end beyond 200 nautical miles (370 kms) from their coastlines.
These high seas are threatened by overfishing, man-made pollution including damaging plastics, and also climate change. People are unaware that oceans create half the oxygen we breathe, and help in containing global warming by absorbing the carbon dioxide released by human activities — one can think of all the coal and wood fires, particularly in developing countries, and the coal-fired power stations everywhere among other uses of fossil fuels.
The fact is we have to value the environment that nurtures us for the consequences of our disregard can in the final analysis destroy life itself. As it stands, the World Wildlife Fund (WWF) reports in its 2022 Living Planet Index a 69 percent decrease in monitored populations since 1970, a mere half century. Their data analyzed 32,000 species.
As the apex species, such a loss forces humans to assume responsibility. It rests on each and everyone of us from individuals to governments to corporate entities, and across the spectrum of human activity.
The treaty furnishes legal tools to assist in creating protected areas for marine life; it also requires environmental assessments for intended commercial activity … like deep sea mining for example. The nearly 200 countries involved also signed a pledge to share ocean resources. All in all, it has been a triumph of common sense over the individual greed of people and nations.
So it is that the treaty has made possible the 30×30 target, namely, to protect 30 percent of oceans by 2030. Now comes the hard work of organizing the protection. Who will police the areas? Who will pay for it?
Environmental Crisis in South Asian Countries
During thetwenty-first century, South Asian countries have been facing and dealing with enormous problems. But the environmental crisis is one of the major and most emerging issues. South Asia is the southern part of the continent Asia, which is also known as the Asian societies. Mainly consist of eight countries India, Pakistan, Afghanistan, Bhutan, Maldives, Nepal, Sir Lanka, and Bangladesh. Most of the environmental problem has been started after the 1960s due to high economic activities, population growth, industrialization, urbanization, and poverty. The combined effects of all these factors caused the situation more complex because of less management of negative and deviant behavior in economic activities. South Asian countries are the developing region that mainly constitutes middle-income countries struggling to flourish their economies and to cope with challenges of political and environmental sustainability, although they are still yet facing many environmental crises which are highly interactive, interlinked with human activities and also human life which it is the need of the hour to be addressed.
Population Density and Population Pressure
Population growth is one of the major elements which play an important role in environmental crises. As all the South Asian developing countries have an extensive density of populations such as India which considers the world second most populated country after China, because the growing population in all South Asian countries, it’s put tremendous population strain on natural and environmental resources such as increase the extraction of resources from the environment influence negatively in our environment. The Intergovernmental Panel Discussion (IPCC) on climate change says that most of the environmental crises are attributed to human activities. The population of Pakistan is also increasing at the rate of 1.9 % annual changes and the population of other South Asian countries is also not up to the mark, but increasing day by day which adversely affects the economy and the natural setting of the environment.
Climate change is also a major problem. South Asian developing counties are vulnerable to climate change-related disasters. The history of Pakistan, and Bangladesh showed how much they suffered due to climate flood disasters. Pakistan and India are facing the brunt of extreme weather almost every year. Being affected by environmental problems severely influence economic activities in the summer of 2022 due to “Heat Waves” in India and Pakistan, “Flood Crisis” in Pakistan last year affected the largest region about one–third of the whole country. Melting glaciers in Pakistan, almost twenty glacier bodies in Nepal, and twenty-five in Bhutan are so unsafe glacial water bodies. Land erosion in India, and Nepal land erosion, and land sliding. With rising sea levels in Bangladesh, Maldives, and Pakistan it is expected that by 2050 most of them swallowed by the sea. This climate condition is not new for this region, according to the World Bank Report 750 million people across South Asian societies are impacted by the last almost 20 years. In Afghanistan, farmers face climate-induced drought, and nearly 19 million Afghans are unable to feed themselves and almost 5 million people across India and Bangladesh. According to the climate change risk index Bangladesh and Pakistan ranked sixth and seventh while India ranked fourth among them respectively. A recent report of intergovernmental on climate change called “Code Red for Humanity” by UN Secretary-General Antonio Guterres, it is predicted that in the next two decades, global warming will increase up to 1.5 degrees Celsius.
Almost all Asian societies adversely face the problem of pollution associated with indoor and outdoor elements which may be the source of pollution. With the increase of demographic pressure and urbanization, pollution is also considered a vital concern in South Asian countries. Due to industrialization, transportation, burning of coal, and biomass, excessive use of metals, and soil depletion of natural resources and minerals merely falls under the category of pollution. According to the report of the Air Quality Life Index Pakistan is the fourth most pollution-causing country in the world and India is the second most polluted country in the world and number one in Bangladesh. Excess methane, carbon dioxide, nitrogen, sulfur, and insoluble and soluble materials emitted by vehicles and industries are harmful effects on humans such as lung cancer, asthma, and water-borne diseases. It badly influences plants and animals.
Water scarcity is a major concern in almost every region. South Asian countries have become water-default regions due to population exploitation, and unplanned urbanization. Almost 90- 95 of water is consumed by agriculture and industries, and there is insufficient storage and a wasteful irrigation method. Per capita, water availability is less than the world average and 4.5% of freshwater resources availability. Pakistan, India, and Afghanistan face varying degrees of water scarcity. Groundwater depletion caused by irrigation, agriculture runoff, industries, and the unregulated release of sewage needs a major concern. Along with scarcity of water quality and quantity, both are also affected by the reduction in the quantity of water because of the recession of glaciers and disruption in the monsoon.
Furthermore, global warming is also a main issue that is observed globally it is specifically due to human activities primarily the burning of fossil fuels such as coal, and petroleum, fire burning, and along with the emission of harmful gases. South Asian countries are the major source of carbon dioxide, so it is a crucial component in global warming. However many South Asian countries implement a tax on the use of carbon-related components, a form of small fiscal policy to reduce the concentration of carbon in the atmosphere.
In addition to all these South Asia approximately uses only 5.9 % of global energy resources excluding the non- commercial energy resources. South Asian counties have increased the demand for energy in the last few decades, increasing demand by up to 50% since 2000. The rising energy demand is induced by population growth and the manufacturing sector. All the south Asian countries have increased the demand for electricity on average by more than five percent annually over the past two decades and are expected for the future that requires more than double by 2050. More than two third of the energy is imported. So it put pressure to increase cost recovery if the demand increase. In South Asia, disruptions due to conflict among other countries adversely impact fuel imports and put greater pressure on the government to ensure the security of their energy supply.
South Asian countries are major part and contributors to the world economy. Due to the crisis, economic activities were destroyed and diminished in many regions, because of damage to productivity and infrastructure, security threats, and mass migration, as the results growth rate declined and the world economy gets affected. Globally, all the economies of the world somehow depend upon each other for trade. To facilitate this connection it is necessary to maintain a balance. There are many organizations are working in South Asian countries to control the environmental crisis, such as the intergovernmental organization of South Asia Co-operative Environment Program (SACEP). Climate Action Network of South Asia, South Asian form for the environment. So the main purpose of all these organizations is to provide support, protection, and management in context to contribute in terms of sustainable development, along with issues of economic and social development. In addition to all these, urgent action is needed to curb all the challenges. The most immediate and pragmatic step to cope with the challenges is to make a collective UN committee for collaboration among the countries, reduce the global emission of harmful gases, decarbonize the energy sector, educate people to spread awareness among people start campaigns related to the protection of environmental at county level, uses of renewable resources, new policy initiation, formulation, and Implementation.
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