Governance framework for access and benefit sharing in the Hindu Kush Himalayan region

Abstract

The Hindu Kush Himalayas (HKH) are of global significance, characterised by immense ecological, cultural, and biological importance spanning over eight South Asian countries. The region is home to a vast repository of genetic resources (GR) and traditional knowledge (TK) that transcend geopolitical boundaries, rendering them prone to uncompensated bioprospecting. The transboundary nature of these resources presents challenges for ensuring fair and equitable sharing of benefits and preventing biopiracy. To safeguard biodiversity and protect the interests of local communities, effective access and benefit sharing (ABS) measures need to be put in place. Therefore collaborative efforts of the countries in the region are crucial. This paper tries to elucidate the complexities inherent to the region and analyse the existing international and national legal framework to address ABS and collaboration between the countries when it comes to transboundary GR and associated TK. An attempt is also made to identify a possible solution within the current legal regime under the Convention on Biological Diversity (CBD) framework.