PR No. 112 “Province should Pass legislation on Nagoya Protocol from provincial assemblies”.......Mushahidullah Khan Islamabad: December 13, 2017

Federal Minister attended National Consultation on Nagoya Protocol to compile report as chief guest at Community Centre of National Agriculture Research Council.

“Today, people belonging to different profession gathered to compile report on Nagoya Protocol” said by the Federal Minister fore Climate Change Senator Mushidullah Khan. He further added Nagoya Protocol is simply benefitting the communities from herbs are obtained to use it for medical proposes. The local communities must reap the benefits of that medicine also. He explained highlighted that if a local community first discovered benefits of herbs. Later some company utilized that discovery and sells it in international market, then that company will be bound to share some profit with local community under Nagoya Protocol.

He further told the participants that it requires some solid steps of legislation to implement this idea. This legislation must focus on agreement of local communities; share in profit and licensing of companies selling those herbs. Now, 104 countries including Pakistan Bangladesh, European Union, Japan and India have signed on Nagoya Protocol.

He also told the audience that discoveries of for fathers for advantages of mankind must be provided within legal boundaries. In this regard all provinces must do legislation to implement this idea. In this regard pharmaceutical companies, homeopathic doctors and especially universities   which teach pharmacy must take lead and help in this legislation. He also highlighted that Ministry of Climate Change has formulated Model legislation Nagoya Protocol and sent to provinces to formulate their legislation on this pattern.

He also told the participants that Ministry of Climate Change has formulated new forest Policy also after a long struggle. But it requires efforts from people from all walk  of life to mitigate the effects of climate change.

Nagoya Protocols defined as when a medicine is derived from any herb then the benefit from the utilization of that herb should also be given to the actual custodians of that genetic resource that is the local community who are using that resource since centuries through their traditional knowledge. If a company or some organization sells the product then local community should also have the benefit from that resource and the prior consent from the custodian communities should be taken. For example use of Neem or Joshanda is well known and if some company use the traditional knowledge and make any product then they should be bound to involve the local communities and share the profits from its proceed. There is a need of some relevant legislation for the implementation of Nagoya Protocol especially at the provincial level to give access and benefit sharing to the communities. Nagoya Protocol was formulated in 2010 and it was enforced in 2014 and todate 104 countries including EU, Japan, India, Bangladesh and others are signatories to this protocol.

Pakistan is party to the Convention on Biological Diversity (CBD) which was signed and ratified by Pakistan on 5th June 1992 and 26th July 1994 respectively. The Convention is the only international instrument comprehensively addressing needs of conservation sustainable use and sharing the benefits arising out of utilization of biological resources.

The Nagoya Protocol of CBD is an instrument to ensure the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. It provides a transparent legal framework for the effective implementation of benefit sharing arising out of the utilization of genetic resources and associated Traditional Knowledge.

The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan. The Protocol entered into force on 12th October 2014. As of December 5th, 101 countries including Pakistan are parties to the Protocol. The Protocol demands the country parties to take legislative, policy and administrative measures for greater legal certainty and transparency for both providers and users of genetic resources. The protocol encourages establishing more predictable conditions for access to genetic resources and Helping to ensure benefit- sharing when genetic resources leave the country providing the genetic resources. All representatives from federal government institutes, provincial governments, research institutes, academia, local communities including nomads, civil society representatives, etc. participated in this meeting and gave their inputs.

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