India has local communities, who have customary usufructuary rights and entitlements. These communities do not have any separate set of rules and regulations governing them. With regard to the right to grant access, the Biological Diversity Act, 2002 provides for mandatory consultation with the concerned BMCs by NBA and SBBs before granting access to bio-resources. Hence, the decisions at the national and sub-national levels relating to access and utilization of biological resources are taken with the involvement of the local people/communities through consultations. Further, the Biological Diversity Act, 2002 also provides the power to BMCs to levy a fee from the users who collect biological resources from their jurisdiction, thus further empowering the communities (Reference: Section 41(2) and 41(3) of the Biological Diversity Act, 2002). India has put in place measures with the aim of ensuring that the prior informed consent or approval and involvement of local communities as provided in Article 6.2. India has also set out criteria and/or process for obtaining prior informed consent or approval and involvement of local communities for access to genetic resources. The Biological Diversity Act, 2002 provides for the involvement of local communities through BMCs in the decision making process relating to access to biological resources and associated traditional knowledge through consultation by the NBA (Reference: Section 19 and 41(1, 2, 3) of the Biological Diversity Act, 2002; ABSCH-MSR-IN-208216-1). India has taken adequate measures with the aim of ensuring that traditional knowledge associated with genetic resources that is held by local communities within the country is accessed with the PIC or approval and involvement of these local communities, and that MAT have been established as provided in Article 7. The Biological Diversity Act, 2002 provides for mandatory consultation with the BMCs by NBA and SBBs before granting access to biological resources. Hence, the decisions taken at the national and provincial levels relating to access and utilization of biological resources are taken with the involvement of the local people/communities through consultations. As per the Section 41(1) of the Biological Diversity Act, 2002, one of the responsibilities of BMCs is chronicling of knowledge relating to biological diversity. Rule 22(6) of the Biological Diversity Rules, 2004 states that preparation of People's Biodiversity Registers (PBRs) in consultation with local people is the main function of the BMC. The Registers contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them. Further, Section 36(5) of the Biological Diversity Act, 2002 provides for respecting and protecting the knowledge of the local people relating to biological diversity, through measures, such as registration of such knowledge at the local, state or national levels, and other measures for protection, including sui generis system (Reference: Section 19, 36(5) & 41 of the Biological Diversity Act, 2002 and Rule 22(6) of the Biological Diversity Rules, 2004; ABSCH-MSR-IN-208216-1). In implementing the Protocol, and in accordance with India’s domestic law, India takes into consideration local communities’ customary laws, community protocols and procedures with respect to traditional knowledge associated with genetic resources as provided in Article 12.1. The Biological Diversity Act, 2002 takes into consideration customary practices and procedures with respect to associated traditional knowledge (Reference: Section 7 of the Biological Diversity Act, 2002; ABSCH-MSR-IN-208216-1). India has established mechanisms to inform potential users of traditional knowledge associated with genetic resources about their obligations as provided in Article 12.2. The obligations upon the potential users of biological resources and knowledge associated therewith are contained in the Biological Diversity Act, 2002, Biological Diversity Rules, 2004, ABS Regulations, 2014 and various state level Biological Diversity Rules. These are made available on the ABS-CHM. Besides, the NBA has been engaging with various stakeholders for enhancing awareness, including through knowledge products, website, workshops and other awareness programmes. India is supporting the development by local communities of the following tools as provided in Article 12.3. Community protocols: The Biological Diversity Act, 2002 mandates the preparation of PBRs by BMCs through chronicling of knowledge related to local biodiversity. The PBR contains comprehensive information on available knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them. Minimum requirements for mutually agreed terms: Minimum requirements for MAT are provided in the agreements signed by the NBA with the applicant for access to bio-resources / traditional knowledge as provided in Rule 14(6) of the Biological Diversity Rules, 2004. (Reference: Rules 14(6) of the Biological Diversity Rules, 2004; ABSCH-MSR-IN-208216-1). Model contractual clauses: NBA in consultation with stakeholders has formulated model contractual clauses incorporating minimum requirements of MAT in the agreement which is entered into with the users (Reference: ABSCH-MSR-IN-208216-1). India endeavours to not to restrict the customary use and exchange of genetic resources and associated traditional knowledge within and among local communities as provided on Article 12.4). The Biological Diversity Act, 2002 provides for certain objective exemptions so as not to restrict the customary use and exchange of biological resources and associated traditional knowledge within and among local people and communities, For example, the definition of ‘commercial utilisation’ in Section 2(f) does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping. Further, Section 7 of the Biological Diversity Act 2002, which requires prior intimation to be given to the SBB for obtaining biological resources, excludes local people and communities of the area, including growers and cultivators of biodiversity, and vaids and hakims, who have been practicing indigenous medicine (Reference: ABSCH-MSR-IN-208216-1). Enhancing awareness among the users and strengthening the capacity of the implementing agencies is quite challenging. Efforts are ongoing to address this through national, regional and local level consultations and awareness workshops.

Section 27(2) of the Biological Diversity Act, 2002 governs the utilization of the accrued benefits with the benefit claimers for the purposes of conservation of biodiversity. This includes conservation and promotion of biological resources of the areas from where resources are accessed and also for socio-economic development of those areas. Some examples on implementation of this provisions are given below. 1. Out of the benefit sharing amount obtained from the red sanders (Pterocarpus santalinus) access, NBA has distributed a portion of the amount (through Andhra Pradesh Biodiversity Board) to the Andhra Pradesh Forest Department. The Forest Department is using the amount for conservation and sustainable use of red sanders, an endemic species in India, in the pockets where it exists. 2. ABS amount accrued at the state level has been distributed to the BMCs for biodiversity conservation in many instances. The biological resources conserved include: bamboo, broomgrass, cotton, wild cardamom, and many other commercially significant crops.

India is cooperating with the countries of the region in this regard, through various projects such as the Kailash Landscape Project, Bay of Bengal Large Marine Ecosystem Project, etc. The Kailash Sacred Landscape Conservation and Development Initiative (KSLCDI): The Kailash landscape is a transboundary high mountain region in the Himalayas between India, China, and Nepal. Its centre is Mount Kailash (6,638 metres), which is revered as a holy place by Buddhists and Hindus and attracts large numbers of pilgrims and tourists. KSLCDI is a collaborative programme being implemented across the borders of India, China, and Nepal. As such, KSLCDI transcends geographical boundaries, and has evolved through a participatory and iterative process into a transboundary initiative. It involves various local and national research and development institutions working in different capacities in various regions of the three countries. The programme aims to achieve long-term conservation of ecosystems, habitats and biodiversity, while encouraging sustainable development, enhancing the resilience of communities in the landscape, and safeguarding cultural linkages among local populations (http://www.icimod.org/?q=9456). Bay of Bengal Large Marine Ecosystem (BOBLME) Project: Bay of Bengal Large Marine Ecosystem (BOBLME) project is a coordinated programme of action designed to improve the lives of the coastal populations through improved regional management of the BoB environment and its fisheries. The member countries include Maldives, India, Sri Lanka, Bangladesh, Myanmar, Thailand, Indonesia and Malaysia with FAO as implementing agency. The project builds up on local initiatives supported by the World Bank, Asian Development Bank, UNDP, NGOs, and bilateral donors in integrated coastal resources management, biodiversity conservation, environmental capacity-building and sustainable fisheries management program, stock assessments, etc. BOBLME aims at building a strategic action plan for sustainable use of the marine resources of the BoB by the member countries on the basis of a sound understanding of the ecosystem as well as the socio-economic environment. (http://www.boblme.org)

India is cooperating with the countries in the region in this regard through various projects like Kailash Landscape Project, Bay of Bengal Large Marine Ecosystem project, etc. The Kailash Sacred Landscape Conservation and Development Initiative (KSLCDI): The Kailash landscape is a transboundary high mountain region in the Himalayas between India, China, and Nepal. Its centre is Mount Kailash (6,638 metres), which is revered as a holy place by Buddhists and Hindus and attracts large numbers of pilgrims and tourists. KSLCDI is a collaborative programme being implemented across the borders of India, China, and Nepal. As such, KSLCDI transcends geographical boundaries, and has evolved through a participatory and iterative process into a transboundary initiative. It involves various local and national research and development institutions working in different capacities in various regions of the three countries. The programme aims to achieve long-term conservation of ecosystems, habitats and biodiversity, while encouraging sustainable development, enhancing the resilience of communities in the landscape, and safeguarding cultural linkages among local populations (http://www.icimod.org/?q=9456). Bay of Bengal Large Marine Ecosystem (BOBLME) project: Bay of Bengal Large Marine Ecosystem (BOBLME) project is a coordinated programme of action designed to improve the lives of the coastal populations through improved regional management of the BoB environment and its fisheries. The member countries include Maldives, India, Sri Lanka, Bangladesh, Myanmar, Thailand, Indonesia and Malaysia with FAO as implementing agency. The project builds up on local initiatives supported by the World Bank, Asian Development Bank, UNDP, NGOs, and bilateral donors in integrated coastal resources management, biodiversity conservation, environmental capacity-building and sustainable fisheries management program, stock assessments, etc. BOBLME aims at building a strategic action plan for sustainable use of the marine resources of the BoB by the member countries on the basis of a sound understanding of the ecosystem as well as the socio-economic environment. (http://www.boblme.org)

Four different types of model contractual agreements have been developed in consultation with the concerned stakeholders to cater to the requirements of different activities covered under the Biological Diversity Act, 2002. These relate to: a) Research or commercial utilisation or bio-survey and bio-utilisation b) Transfer the results of research c) Seeking intellectual property right d) Third party transfer Although the model contractual clauses in these agreements are not sector specific, there are common terms and conditions that exist in these four agreements, which are simple and easy to understand. Some of them are: 1. Written notice in case of non-compliance 2. Administrative sanctions in case of breach of contractual clauses 3. Termination and revocation 4. Liabilities of the user 5. Confidentiality 6. Scope for making amendment There are other clauses which are case specific and depends on the purpose for which access is sought for. These include: 1. Period of collection 2. Obligations of the applicant during the existence of the agreement 3. Annual status reports 4. Benefit sharing component 5. Details of biological resources These clauses enable the applicant to understand the roles and responsibilities that arise out of accessing the biological resources and/or associated traditional knowledge for various purposes as well as the rights and duties of the competent authority responsible for providing access.

There are many experiences/best practices across the country on codes of conduct and guidelines on ABS. A few of these are briefly described below. Kovel Foundation, an NGO in Vishakhapatnam, Andhra Pradesh works with 253 Gum picker Associations for conservation of Gum Karaya plants and non-timber forest products (NTFP), including wild honey, amla (Phyllanthus emblica), and kalmegh (Adrographis paniculate) etc. Activities include creation of awareness on conservation issues, imparting technical knowledge to primary collectors on sustainable harvesting, post-harvesting value addition and marketing of medicinal plants and other NTFP. Resource mapping and inventory preparation is carried out. The Gum Karaya harvested through sustainable methods fetches good price in the market due to brand image of the Foundation. The NGO also promotes sustainable agriculture through organic farming in 15 tribal districts of AP. BMC of the village Piprai Morena in Madhya Pradesh is located in Chambal ravines which is dreaded dacoit territory with degraded ecosystem and thorny shrub and grasses. Water is scarce and vegetation is sparse. Wildlife hunting, prohibited trade and illegal activities are common. Guggal, a critically endangered plant species grows in the area. Over exploitation of the species for its gum is common through destructive extraction methods like debarking and branch cutting. Even young trees are not spared. This poses a risk to its sustainability and future availability of the resource. Satavar (Asparagus racemosus) and Gokhuru (Tribulus terrestris) are other important medicinal plants which are harvested destructively. The BMC and the Sujagriti Samaj Sansthan, an NGO, have together taken up projects for reclamation of ravine areas and in situ conservation of local biological resources This includes preparation of PBR, conservation of existing plants of Guggal (10,000) and plantation work of 10,000 Guggal plant in ravinous area. Training for improved techniques for safe harvesting of gum has also been provided to the community and the produce is sold to Dabur. For water conservation three thousand metres of bandh (Dorbandi) has been constructed. Gram Mooligai Company Ltd. is a collective community enterprise for medicinal plants collection and trade and works in drought affected areas around Madurai in Tamil Nadu. Several common medicinal plants grow in the fallow farm lands and waste lands which are collected by landless women and sold in the market. However, earlier reckless harvesting was done from common property resources leading to further degradation of habitat and reduction in availability. The company took up training of women for sustainable harvesting and has initiated kitchen garden program. A nursery of 10,000 saplings of important medicinal plants of the area has been set up to provide saplings to the kitchen gardens and schools. Two threatened taxa i.e. Gudmar (Gymnema sylvestre) and guggal (Commiphora wightii) have been replanted and protected. The work has now been extended to states like Maharashtra (Vidarbha area), Madhya Pradesh (Chambal), Odisha (Balangir) and Chhattisgarh. Sustainable harvesting of about 20 medicinal plants in the area has led to an annual income growth of 10%. India Business & Biodiversity Initiative (IBBI) was launched in 2014 at the invitation of the MOEFCC, and is hosted by the Confederation of Indian Industry (CII) with support of German Development Cooperation through GIZ, with a view to sensitise, guide and mentor business organisations in India on conservation and sustainable use of biodiversity related to their operations across their value chain. As a business-led initiative, IBBI serves as a national platform of business and its stakeholders for dialogue to promote sharing and learning, ultimately leading to mainstreaming sustainable management of biological diversity into business. Documenting and sharing of local and global best practices in biodiversity conservation and sustainable use is one of the missions of IBBI. Innovative case studies on biodiversity and business have also been bought out by IBBI. Biodiversity Awards: A joint initiative of the MOEFCC, NBA and the United Nations Development Programme (UNDP), the India Biodiversity Awards recognize the contribution of a range of stakeholders towards conservation of biodiversity. The aim is to incentivize effective implementation of the Biological Diversity Act, 2002, which ensures conservation, sustainable use of biodiversity and access and benefit sharing arising from the use of biological resources. Around 400 good practices on biodiversity conservation, sustainable use, biodiversity governance and access and benefit sharing have been gathered through three successful rounds of the India Biodiversity Awards in 2012, 2014 and 2016. Call for India Biodiversity Awards 2018 was launched on 22 May 2017.

External support has been received for building and developing capacity for implementation of the Nagoya Protocol, from agencies such as UNDP, GEF, GIZ, and the Norwegian Government. Following are some of the projects related to Nagoya Protocol / ABS: • UNDP project on “Strengthening the Institutional Structure to Implement the Biological Diversity Act” (2009-2013). • UNEP-GEF project on “Strengthening the implementation of the Biological Diversity Act and Rules with focus on its Access and Benefit Sharing Provisions” (2011 - 2017). • Government of India and Norwegian Government technical cooperation project on “Centre for Biodiversity Policy and Law (CEBPOL)” deals with emerging and current biodiversity governance and policy related issues. ABS is one of the thematic areas in this programme (2014 - 2018). • GIZ supported ABS Partnership project aims at strengthening the capacity of NBA, SBBs, and BMCs as well the as commercial and research user groups for effective implementation of ABS mechanism under the Biological Diversity Act, 2002 (2016 - 2020). • UNDP-GEF ABS Capacity building Project on “Strengthening the Implementation of the Nagoya Protocol” through awareness generation for research organizations who use the genetic resources (2017 - 2019).

Under the ASEAN India Green Fund, Government of India is collaborating with ASEAN Secretariat for capacity building among ASEAN countries for ABS and traditional knowledge associated with bio-resources. The initiative is being jointly implemented by the NBA and ASEAN Centre for Biodiversity, Philippines. Some other initiatives taken by India in this direction are listed below. • Meeting on ‘National Legislation on Biodiversity for Government Officials of SAARC Member States’ organised by the MoEFCC and NBA at Mahabalipuram (29–31 August, 2012), wherein issues relating to ABS, traditional knowledge, indigenous and local communities were discussed. • Capacity Building Workshop on ‘Access and Benefit Sharing and Traditional Knowledge’, organized by MoEFCC and NBA for ASEAN countries at New Delhi (04-05 September, 2012). • Capacity Building Workshop for African Region on ‘Nagoya Protocol Access and Benefit Sharing and Traditional Knowledge and Nagoya- Kuala Lumpur Supplementary Protocol on Liability and Redress’ organized by MoEFCC and NBA in Bengaluru (11-13 February, 2013). • ABS Dialogue on Key Challenges and Practical Way forward for Implementation of the Nagoya Protocol on ABS organised by MoEFCC and NBA with support from GIZ in Goa on 4-6 August 2014, wherein representatives from 17 countries and Secretariat of the CBD participated. • A field visit and workshop on “Community-to-Community Exchange and Capacity Development Workshop for Traditional Knowledge Holders” was jointly organized by United Nations University-Institute for the Advanced Study of Sustainability (UNU-IAS), Trans-Disciplinary University (TDU), UNDP, Equator Initiative, The ABS Capacity Development Initiative and others from 28 September to 04 October 2015 at Bengaluru. Around 60 traditional knowledge holders and community representatives from India, Africa and Central Asia participated in the programme. During the event, the delegates also visited NBA. A declaration was adopted wherein African participants expressed their commitment: to promote awareness of the Nagoya Protocol in their communities; encourage their respective countries to include customary rights in legislative measures; and to encourage the documentation of TK at the local and national level.

India is collaborating and cooperating in technical and scientific research and development programmes as a means to achieve the objective of the Protocol. Some of such programmes are briefly described below. Centre for Biodiversity Policy and Law (CEBPOL): Government of India in collaboration with the Norwegian Government has established (CEBPOL), which is housed in NBA, Chennai. The objective is to develop professional expertise on biodiversity policies and laws, and enhance capacity. This Centre focuses on biodiversity policies and laws related issues including ABS, that cater to the needs of national and international rule-making and subsequent implementation on issues of biodiversity. Nature Index: Nature Index initiative under CEBPOL is a collaborative technical and scientific research programme between The Norwegian Institute for Nature Research (NINA) and NBA. Currently, the study is progressing in two identified sites, the Greater Himalayan National Park in Himachal Pradesh, and the Chilka Lake in Odisha. Indo-German Biodiversity Working Group has been established in 2017 under the Indo-German Environment Forum. The objectives include: to facilitate policy based exchange and collaboration on biodiversity between India and Germany; and strengthen information, experience sharing and cooperation on implementing CBD and its protocols.