The National Biodiversity Authority (NBA), established for the regulation, conservation and sustainable use of natural resources has recently come under the scanner for its failure in notifying important regulations dealing with access to biodiversity, transfer of results of research and intellectual property rights, even though it was set up back in 2003. The castigating report, was brought out by the Comptroller of Auditor General (CAG) as part of its first audit report of the MoEF. (The NBA is under the administrative control of the MoEF). Ironically, we’ve spoken about NBA earlier on this blog in a good light for their transparent approach in collecting multi stake-holder views on certain legislation. Unfortunately, it appears that their work was too little, too late – though glancing through the CAG report, it seems to be mostly due to non-action on the part of the MoEF.
The recommendations provided by the CAG in its executive summary include developing guidelines for documentation of local biodiversity, bio-resources and associated traditional knowledge, and to document selected areas/fields of traditional knowledge for commercial exploitation. Incidentally, the NBA did start a move on this in 2006. An expert commission was set up then, which proposed a pilot project to create this kind of traditional knowledge and biodiversity database – they called it the Indian Biodiversity Information System. Only in April, 2010 did the MoEF comment on this, saying that it was too elementary and needed substantial work still. An Expert Committee is currently working on this. Hence the current lack of a database on biological resources and associated traditional knowledge. The case is almost identical for the People’s Biodiversity Registers.
According to the report, regulations and guidelines on access and benefit sharing, and guidelines on transfer of results of research were referred to the MoEF in July 2007, and Jan 2008 respectively, (and even sent 3 reminders thereafter), however, again, the MoEF did not notify them.
Another factor which the report pointed out was that there was still a lack of a legal / monitoring cell to keep track of and contest IPRs given outside the country, based on biological resources (or associated tk) derived from India. The MoEF has claimed that the NBA would have one up shortly.
Most surprisingly though is that even though there is no regulatory framework in place, due to this lack of notification, the NBA apparently received and approved many applications! Precise numbers are available in the audit report here for those interested, but one wonders on what basis these applications have been accepted and rejected, and what the approved application even means in the light of no existing framework. In fact, even a deadline has not been set for the finalisation of these regulations.
In the light of all these failings on the part of the NBA and MoEF, one wonders what exactly they have been doing in these past years since the NBA was set up in 2003. There is definitely a need for more transparency in their work, (and attempts at work) to ensure the quicker fulfilment of the reasons it was set up in the first place, as well as fall in line with the CBD ratified back in 1994! We can only hope that CAG’s audit will provide the necessary “push” for them to get on the right track.
