Implementation of Nagoya Protocol – the Case Study of Indonesia

Abstract

Indonesia consists of more than 17,000 islands separated for hundreds of thousands of years, which consequently results in biodiversity and cultural diversity richness. Strong connection between people and biodiversity form a vast array of traditional knowledges which are related to the conservation and the use of biological diversity. During the last 3 decades, tremendous advancement in science and technology has been able to uncover the intrinsic value of biodiversity. Many lead chemical compounds have been isolated and identified from, and have opened up huge opportunities in developing new businesses based on biodiversity. The consciousness of the intrinsic value of biodiversity is, however, only being understood by countries with high science and technology capacity. The intrinsic value of biodiversity remains abstract to most of the people in the developing and less developed nations. The Convention on Biological Diversity (UN-CBD), Cartagena and Nagoya Protocol are legal documents to ensure conservation, sustainable use and sharing of the benefits from the utilization of biodiversity and its components. Nagoya Protocol dealing with access and benefit sharing from the utilization of biological materials has open new and better opportunities for the developed nations to study the potential use of biological resources exist in developing and less develop nations. The implementation Nagoya Protocol on access, fair and equitable sharing of the benefit from the utilization of biodiversity very complex and full with ethical dilemmas. Basic principles stipulated in the Universal Declaration on Human Rights and Bioethics UNESCO 2005 e.g. consent, persons without the capacity to consent, equality, justice and equity, respect for cultural diversity and pluralism, solidarity and cooperation, sharing of benefits, protecting future generations, protection of the environment, the biosphere and biodiversity may be applied in addressing ethical issues.