Right of Indigenous Communities to Prior Informed Consent under Article 7 of the Nagoya Protocol and a Comparative Analysis of Its Implementation by India and Bhutan

The Convention on Biological Diversity ( cbd ) was adopted in 1992. This Convention had three major objectives: conservation of biological diversity, sustainable use of its component, and access and benefit sharing of biological resources arising out of their utilisation. The Nagoya Protocol to the cbd was adopted in 2010 for the fulfilment of the third objective of the cbd , access and benefit sharing. Article 7 of the Nagoya Protocol imposes an obligation on states parties to ensure that “prior and informed consent or approval or involvement” of the indigenous and local communities is taken before their knowledge is accessed. The present study first analyses the contents of Article 7 of the Nagoya Protocol. It will throw light on the meaning of the phrase “prior and informed consent or approval and involvement” as used in Article 7. It then highlights the implementation of Article 7 by two states parties, namely, India and Bhutan

Alternative medicine · Biodiversity · Biology · Convention · Convention on Biological Diversity · Environmental planning · Environmental resource management · Geography · Indigenous · Informed consent · Obligation · Political science · Public relations · Traditional knowledge · Environmental law and policy · International Environmental Law and Policies · International Maritime Law Issues · Law · Medicine · Ecology