Biodiversity Convention (Earth Summit), 1992
The Convention on Biological Diversity: three objectives, sovereign rights over resources and benefit sharing
In one minute
The Convention on Biological Diversity is the main treaty on life on Earth in all its variety. Its text was adopted at Nairobi on 22 May 1992 and opened for signature at the Rio Earth Summit on 5 June 1992.
It has three aims: conserve biodiversity, use it sustainably, and share its benefits fairly. The third aim answers the problem of biopiracy. India gives effect to the treaty through the Biological Diversity Act, 2002.
Exam focus
- Frequency: Rarely asked
- Usually asked as: Short answer (4 to 6 marks)
Legal provision
- Convention on Biological Diversity: adopted at Nairobi on 22 May 1992, opened for signature at Rio de Janeiro on 5 June 1992 and in force from 29 December 1993.
- Three objectives: conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits from genetic resources.
- Biological Diversity Act, 2002, preamble: records that India is a Party to the Convention, signed at Rio on 5 June 1992 and in force from 29 December 1993.
- The preamble adds that the Convention reaffirms the sovereign rights of States over their biological resources.
Meaning and definition
Biological diversity is the variety of life: the range of species, the genes within them and the ecosystems they form. The Convention covers all of it, not one type of habitat.
It was one of two binding treaties signed at the Rio Earth Summit of June 1992. The other was the Convention on climate change. Together they were signed by 153 nations, according to the Vellore judgment.
Detailed explanation
Step 1: why a general biodiversity treaty
Earlier treaties protected single species or habitats, such as wetlands. Species were still vanishing from habitat loss, over-use and pollution. A second problem also grew. Companies in rich countries used plants and microbes from poorer countries to make medicines or seeds, and sent little benefit back to the communities that kept them. This is biopiracy.
Step 2: the three objectives
- Conservation of biological diversity.
- Sustainable use of its components.
- Fair and equitable sharing of benefits from the use of genetic resources. See benefit sharing.
Step 3: sovereign rights and access
The Convention reaffirms that States have sovereign rights over their own biological resources. Resources are therefore not free for anyone to take. A user normally needs the consent of the providing country and agreed terms, with a share of benefits. This is the treaty's answer to biopiracy.
Example. A foreign firm wants to study a medicinal plant used by a tribal community in India. It must seek approval, agree terms and share a fair part of any profit. It cannot simply collect the plant and patent a drug.
Step 4: the two Protocols
Two later Protocols add detail.
- The Cartagena Protocol on Biosafety, adopted 29 January 2000 and in force from 11 September 2003, deals with the transboundary movement of living modified organisms.
- The Nagoya Protocol on access to genetic resources and fair sharing of benefits, adopted 29 October 2010 and in force from 12 October 2014.
Step 5: India's Act
India's Biological Diversity Act, 2002 sets up a National Biodiversity Authority, State Biodiversity Boards and local Biodiversity Management Committees. It regulates access to biological resources and benefit sharing. The Act is studied in its own note.
Don't confuse: the Convention and its Protocols
| Instrument | Subject | Date |
|---|---|---|
| Convention on Biological Diversity | All biodiversity: three objectives | Adopted 22 May 1992; in force 29 December 1993 |
| Cartagena Protocol | Safe handling of living modified organisms | Adopted 29 January 2000; in force 11 September 2003 |
| Nagoya Protocol | Access and benefit sharing | Adopted 29 October 2010; in force 12 October 2014 |
Inside the concept. A company imports genetically modified seed and must follow rules on safe movement. That is the Cartagena Protocol.
Just outside it. A State plans a new wetland listing. That is the Ramsar Convention, a separate treaty on one type of habitat.
Common mistakes
- Giving only one date. The text was adopted on 22 May 1992, opened for signature on 5 June 1992 and entered into force on 29 December 1993.
- Listing two objectives. There are three.
- Treating genetic resources as the common heritage of everyone. States have sovereign rights over them.
- Mixing the Cartagena and Nagoya Protocols.
Leading case laws
- Vellore Citizens Welfare Forum v. Union of India
Facts. Tanneries in Tamil Nadu discharged untreated effluent, polluting the Palar river area.
Principle. The Court recorded that the Rio Earth Summit of June 1992 produced two conventions, on biological diversity and climate change, signed by 153 nations. It held sustainable development to be part of customary international law.
Why it matters. It places the Convention in the story of sustainable development.
How to write this answer in the exam
5-mark answer
- Dates: adopted 22 May 1992, signed at Rio 5 June 1992, in force 29 December 1993.
- The three objectives.
- Benefit sharing and biopiracy.
- Indian Act of 2002.
10-mark answer
- Background: the Rio Earth Summit and the need for a general treaty.
- The three objectives.
- Sovereign rights, access and benefit sharing.
- Cartagena and Nagoya Protocols.
- India: the Biological Diversity Act, 2002; conclusion.
Key points to remember
- Adopted 22 May 1992; opened for signature 5 June 1992; in force 29 December 1993.
- Three objectives: conservation, sustainable use, fair and equitable benefit sharing.
- States have sovereign rights over their biological resources.
- Cartagena (2000, in force 2003) and Nagoya (2010, in force 2014).
- India: Biological Diversity Act, 2002.
Quick self-test
1. What are the three objectives of the Convention?
Conservation, sustainable use and fair and equitable benefit sharing.
2. Which Protocol deals with living modified organisms?
The Cartagena Protocol on Biosafety.
3. Which Indian Act reflects the Convention?
The Biological Diversity Act, 2002.