Mutually suppor,ve implementa,on, challenges and op,ons: The Interna,onal Treaty and the Nagoya Protocol

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1 Mutually suppor,ve implementa,on, challenges and op,ons: The Interna,onal Treaty and the Nagoya Protocol 3 to 4 June 2014, FAO, Rome, Italy Madhu Devi Ghimire Under Secretary (Tech.)/GTI Focal Point Ministry of Forests and Soil Conservation Nepal

2 Country context Current Status of Nagoya Protocol in Nepal Strategic ac7on plan ( ) for ABS Key Challenges in the implementa7on of Nagoya Protocol Ways forward to address the challenges

3 NEPAL: Society and Culture Rich in cultural, ecological and biological diversity Over 26 million people live in agriculture dominant environment Heavy dependency on forest resources

4 POLITICAL PROCESS Post conflict transi7on Newly elected parliament and freshly formed government S7ll Lack of local governments Formula7on of a New Cons7tu7on is a key mandate of present Parliament

5 Forest- 29.9% Shrub- 10% Total area - 147,181 square kilometers 39.6% forest cover (5.8 M ha) 26.6 million people 32% managed by the community 68% by the government Rock/barren- 31% Agriculture land %

6 Total PAs = 20 Nos. Total Area =34,193 km2 (23.23%) Na,onal Park = 10 Nos. Conserva,on Area = 6 Nos. Wildlife Reserve = 3 Hun,ng Reserve = 1

7 BIODIVERSITY RICHNESS - Global Share (%)

8 FOREST- PEOPLE INTERFACE

9 Forest management Regimes in Nepal Forests State owned Forests Private owned forests Community Managed Forests State Managed Forests Forests under PA System Community Forests Leasehold Forests Religious Forests Collabora,ve Forests

10 Organiza,onal Structure CBD Focal Point ITPGRFA Focal Point

11 Nepal's Effort to CBD Party to CBD in Nepal Prepared:- Na7onal Biodiversity Strategy (NBS) 2002 Nepal Biodiversity Strategy Implementa7on Plan(NBSIP) Nepal Fi`h Na7onal report to the CBD (submiaed on 28 March 2014) 2. Is in the process of prepara7on of:- National Biodiversity Strategy and Action Plan (NBSAP),

12 Nepal' Effort to CBD Contd... Nepal has made some progress towards achieving the third objec7ve of CBD- The fair and equitable sharing of benefits arising out of the u7liza7on of gene7c resources Widespread involvement of local people in the management and use of local biological resources by communi7es/ CFUGs/BZCFUGs Interim cons7tu7on, 2007 of Nepal, makes the government responsible for protec7on of biodiversity, its sustainable use and for equitable distribu7on of the benefits derived from them

13 Institutional Arrangements National Level Nepal Biodiversity Coordination Committee NBCC has been formed for Coordi. and Monitoring (25-members proposed by NBSAP ( ) SN Designation and Organization Position in NBCC 1 Honorable Minister, Ministry of Forests and Soil Conservation Chairperson 2 Honorable Member (Agriculture and Rural Development Portfolio), National Planning Commission Member 3 Secretary, Ministry of Agricultural Development Member 4 Secretary, Ministry of Science, Technology and Environment Member 5 Secretary, Ministry of Federal Affairs and Local Development Member 6 Secretary, Ministry of Energy Member 7 Secretary, Ministry of Physical Infrastructure and Transport Member 8 Secretary, Ministry of Finance Member 9 Professor, Tribhuwan University Member 10 Professor, Agriculture and Forest University Member 11 President, Federation of Nepalese Chamber of Commerce and Industries Member 12 Senior Official, National Foundation for Development of Indigenous Nationalities Member 13 Chairperson, Nepal Federation of Indigenous Nationalities Member 14 Country Representative, IUCN Nepal Member 15 Representative of a conservation I/NGO Member 16 Chairperson, FECOFUN Member 17 Chairperson, National Federation of Buffer Zone Development Council Member 18 Representative of Farmers Member 19 Two independent biodiversity experts (at least one woman) Members (2) 20 Coordinators of thematic sub-committees on Forest and Protected Areas; Agrobiodiversity; Members (4) Biosecurity; and Monitoring and Evaluation 21 Secretary, Ministry of Forests and Soil Conservation Member Secretary

14 Forest Biodiversity Chair person- Joint secretary, MFSC DG-Department of Forests DDG-Department of national Parks and Wildlife Conservation Joint Secretary-Ministry of Agriculture Development Structure of Thema,c sub- Sustainable use of Biological Resources Chair person-department head, Department of Botany DG, Department of plant Resources Joint secretary, Ministry of Agriculture Development Nepal Academy of Science and Technology Biosecurity Chair person-secretary, Ministry of Science Technology and Environment DG, Department of Food Quality Control Joint Secretary, Ministry of Health and Population Focal point, Biosafety protocol commiaee Agricultural Biodiversity Chair person-joint Secretary, Ministry of Agriculture Development Representative-Nepal Agriculture Research Council DG-Department of Agriculture DG-Department of Forest Research and Survey Genetic Resources Chair person-dg, Department of National Parks and Wildlife Conservation DDG-Department of Plant Resources Independent expert Joint secretary, Ministry of Agriculture Development

15 Implementa,on Status of Nagoya Protocol in Nepal Ministry of Forest and Soil Conserva7on has dra`ed an Access to Gene7c Resources and Benefit sharing Bill, which is yet to be finalized and enacted. More over, Nepal is yet to ra7fy the Nagoya Protocol on Access and Benefit Sharing. The Nepal Biodiversity Strategy and Ac7on Plan ( ) which is yet to be finalized, has set strategic plans for 6 major themes and 15 cross cuhng themes.

16 Strategic ac,on plan ( ) for ABS Ra7fica7on and implementa7on of the Nagoya protocol on Access to Gene7c Resources and the Fair and Equitable Sharing of Benefits arising from their U7liza7on by 2015 Finaliza7on and enactment of Access to Gene7c Resources and Benefit sharing Bill by 2016, in order to promote legal base for access to gene7c resources on the basis of free and prior informed consent and mutually agreed terms and the fair and equitable sharing of the benefits arising from the u7liza7on of gene7c resources and associated tradi7onal knowledge Development of a community biodiversity protocol.

17 Key Challenges Nepal is in Post conflict transi7on Lack of local governments Weak ins7tu7onal capacity Insufficient resources (technology and skilled human) Diversified ethnici7es, casts, right holders, stakeholders and poli7cal par7es - hard to be in consensus Low level of awareness, research and development Open market and weak quaran7ne surveillances

18 Ways forward Forma7on of local governments Formula7on/Development of the New Cons7tu7on of Nepal (Amendments of Acts, regula7ons) Strengthening ins7tu7onal and technological capacity and enhance good governance Consensus among all casts, ethnic groups, right holders, stakeholders and poli7cal par7es Ra7fica7on of The Nagoya Protocol on Access to Gene7c Resources and the Fair and Equitable Sharing of Benefits Arising from their U7liza7on

19 Ways forward Contd... Finaliza7on and enactment of The Gene7c Resources and Benefit Sharing Bill, in order to provide legal base for access to gene7c resources and the fair and equitable sharing of benefits arising from their u7liza7on. Formula7on and enactment of A sui generis legisla7on for protec7on of plant varie7es with the aim to provide legal ownership to farmers for their varie7es and knowledge and also substan7ve rights provided to the farmers by the Agro- Biodiversity Policy.

20 THANK YOU

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