Abstract

After the Convention on Biological Diversity (CBD) came into force in 1993, access to genetic resources, fair and equitable sharing of benefits from the use of biological resources and traditional knowledge become an important agenda. All the Himalayan countries are party to CBD and are in different stages of developing access to genetic resources and benefit sharing (ABS) policies and laws. There are ongoing debates on the need for institutional mechanisms to regulate the ABS agreements, defining ownership of genetic resources and associated traditional knowledge. In the region, local communities have retained traditional knowledge in managing their biological resources. Getting benefits from such traditional knowledge and genetic resources is new to the region. In the globalised context this has became even more complex as communities seek to assert their rights over their traditional knowledge which can be used when accessed outside as base line knowledge for future innovations. Some legal arrangements for protecting the community rights over biological resources and associated TK are emerging, in practice however, it is not clear on how local indigenous communities will benefits from bioprospecting. This article analyses on the key issues and debates on emerging Access and Benefit Sharing (ABS) mechanisms in the Himalayan countries and examines their efforts towards protecting rights over biological resources and associated traditional knowledge. It also assesses, the potential challenges and the fate of ABS regime for the future in the region.

Key words: Access and Benefit Sharing, traditional knowledge, ownership, genetic resources, bioprospecting, traditional institutions.