Man depends on the nature in many ways, but mainly for the subsistence of life, water, food and shelter. This relationship demonstrates the closeness of nexus between man, environment and the biodiversity. The basic needs of Man can be acquired from this very nature only. The basic human right of Man is the peaceful enjoyment of life without any threat or danger. However, due to the advancement of human society, man heavily indulged in the utilization of environment. The advancement of man in the recent past, more precisely, after the industrial revolution, has taken momentum which, in turn, has aggravated the destruction of nature in manifold globally. There are two prominent issues connected with the conservation of environment and biodiversity: preserving the life of living beings, on the one hand; and survival of human beings in a decent way, on the other hand. If used wisely, the environment can provide the living beings an opportunity to enhance the quality of life. However, there is unwise use causing dangerously increasing levels of pollution in air, water, and environment; and irreparable destruction of natural resources. Human Rights Commission’s Expert committee on biodiversity and human rights warns that the loss of biodiversity may interfere with the enjoyment of a wide range of human rights, including the rights to life, health, food, livelihood, water, housing, and culture

1. WELCOME
TO
CONSERVATION OF BIO-
DIVERSITY: A HUMAN
RIGHTS APPROACH
BY
Dr. H. ABDUL AZEEZ
B.Sc. (Hons.), LL.B.(AMU), LL.M.(Kerala), LL.M.(CEU), Ph.D.

2. ►INTRODUCTION
Relation of man with nature
Dependence or interdependence

4. Two Prominent issues in conservation of
environment and bio-diversity
►preserving the life of living beings and
utilization of resources
►survival of human beings in a decent way

5. ►However, there is unwise use causing
dangerously increasing levels of pollution in
air, water, and environment; and irreparable
destruction of natural resources.
►If used wisely, the environment can provide
the living beings an opportunity to enhance
the quality of life.

6. ►Human Rights Commission’s Expert Committee on
Biodiversity and Human Rights warns:
► that the loss of biodiversity may interfere with the
enjoyment of a wide range of human rights,
including the rights to life, health, food, livelihood,
water, housing, and culture.
►The rights of indigenous peoples and others
particularly reliant on healthy ecosystems are
especially subject to threat.

7.  ISSUES:
 1.How effectively we may integrate human rights principles
in conservation
 2.Practical implications for the design and implementation
of conservation strategies across a range of programmatic
areas (e.g., climate change, protected areas), including
where there are conflicts between different rights and
rights holders, or conflicts with conservation objectives.
 3. The kinds of policies, capacities and systems that are
needed to enable conservation organizations to implement
and monitor their human rights commitments.

8.  Particular conservation strategies and
implementation measures are likely to vary
across organizations, based on their own
missions and structures.
 key rights issues connected with conservation,
views of rights-holders and needs for addressing
rights issues in conservation are important to be
analysed.

9.  STATE RESPONSIBILITY
 CBD provides in the preamble that States are
responsible for conserving their biological diversity
and for using their biological resources in a
sustainable manner.

10.  Bio diversity Act 2002 provides for the above system.
 India is the first country to enact a legislation this effect
 India made authorities on national, state and local level

11.  Analysis
Even though India has passed bio diversity Act in 2002 and
rules in 2004 and constituted the National Bio diversity
Authority in 2003 and state boards in 2005, could India attain
momentum in the conservation of biodiversity and there by
upholding human rights commitment?
Argument is that India couldn’t.
Grounds:
India continued to increase its CO2 emissions to 2.47
billion tonnes in 2015, which was 5.1% more than in
2014. This growth rate is similar to the one observed for
2013 and 2007, and a little below the average growth rate
of 6.8% for the 2006–2015 period. (Trends in Global CO2 emissions:
2016 report)

12.  Factors retarding from attaining the above the
goal:
lack of awareness to common man
people’s desire of accumulation of wealth
lack of stringent political will
corruption
lack of proper implementation of law
prolonged court procedures in rendering remedies

13. However, it must be appreciated that India has
taken a bold step by enacting the Bio diversity Act
and created authorities to look into conservation
of bio diversity. This would in turn uphold the
human rights , though in a very slow process.

14. Thank You!

15.  The diversity of all forms of life on our planet and
ecosystem services such as provision of food,
pollination of crops and fulfilment of people’s cultural
life are necessary for enjoying a broad range of
human rights such as right to food, right to health
and cultural rights.
 In turn, exercising human rights, such as public
participation, access to biodiversity-related
information and access to justice in cases of non-
compliance with biodiversity regulation are
necessary for a stronger engagement of a diversity
of individuals and groups for the conservation and
the sustainable use of biodiversity and ecosystems.

16. ► Today States parties’ obligations under international law
instruments are commonly understood to be respecting,
protecting, promoting and fulfilling rights. (Conservation and Human
Rights: Key Issues and Contexts Scoping Paper for the Conservation Initiative on
Human Rights, October 2011 Jenny Springer , Jessica Campese and Michael Painter)
► Respecting rights refers to the immediate obligation to
refrain from directly or indirectly interfering with people(s)’
pursuit or enjoyment of their rights, e.g., through
uncompensated and/or forced eviction.
► Protecting rights refers to obligations to ensure (e.g.,
through regulation, monitoring, investigation, and
enforcement) that non-state actors, or ‘third-parties’, do not
interfere with people(s)’ pursuit or enjoyment of their rights.

17. ► This obligation may require, inter alia, regulating the
human rights related impacts of extractive industry,
industrial and agricultural pollutants, and, while not often
mentioned, even the work of NGOs.
► Promoting and Fulfilling rights refers to obligations to take
active measures – e.g., legislation, regulation, budgetary
policy, public policies, and/or other effective means – to
create an enabling environment in which people can
realize their rights (promoting).

18. ► There is also an obligation to directly provide for rights
when people cannot do so for themselves, e.g., food aid
following a severe drought (fulfilling). The responsibilities
of non-state actors are being debated, with growing
consensus that all actors have obligations to at least
respect rights within the scope of their influence and
power.

19. ► The full enjoyment of many human rights depends on
healthy ecosystems; at the same time, effective biodiversity
policies depend on the exercise of human rights, including
rights to information and participation, and require taking
into account the rights of those who live in protected areas
or who are otherwise directly affected by the policies.

20.  In the report of the Special Rapporteur of the UN Human
Rights Council, it is described that the importance of
ecosystem services and biodiversity for the full enjoyment
of human rights and outlines the application of human
rights obligations to biodiversity-related actions. (EXPERT
CONSULTATION ON BIODIVERSITY AND HUMAN RIGHTS 20-21 September
2016,Geneva, Switzerland)
 The conclusions of the report provides that the Biodiversity is
necessary for ecosystem services that support the full
enjoyment of a wide range of human rights, including the rights
to life, health, food, water and culture. In order to protect human
rights, States have a general obligation to protect ecosystems
and biodiversity.

21.  The experts examined legal frameworks, identified gaps and
discussed how human rights obligations in biodiversity policies
and programmes are implemented in practice at various levels
such as at the national, local and municipal levels and by
different government bodies such ministries of environment,
agriculture and mining.

22.  Stockholm Declaration,1972
 The United Nations Conference on the Human Environment, popularly known as
Stockholm Declaration, held at Stockholm from 5 to 16 June 1972 was the first of
its kind towards the preservation and protection of environment.
 It set out that the protection and improvement of the human environment as a
major issue which affects the wellbeing of peoples and economic development
throughout the world. (Article 2)
 The United Nations Conference on Environment and Development (UNCED) held at
Rio de Janeiro from 3rd to 14th June 1992, popularly known as Earth Summit, inter
alia, adopted the United Nations Convention on Biological Diversity (CBD)
 India is a party to the Convention.
 The said Convention has the main objective of conservation of biological
diversity, sustainable use of its components and fair and equitable sharing of the
benefits arising out of utilization of genetic resources. (Article 1)

23.  In tune with the Convention, India has enacted the Biological Diversity Act in
2002 (BDA).
 The preamble of the said Act clearly mentions about the conventional
objectives as the set objectives of the Act.
 The Stockholm declaration, CBD and BDA aims to preserve the environment
and biodiversity and such preservation is essential for the human growth
and advancement.
 It is true that without a healthy environment, no human being can live
happily and peacefully.
 Healthy environment underpins conservation and preservation of
biodiversity.

24.  Further, the Supreme Court has declared that right to healthy environment is
part and parcel of right to life as provided under Article 21 and right to
healthy environment is essential for physical and psychological well being
of individuals and for a decent and healthy living. (M.C. Mehta v. Union of
India, 1998(8) SCC 206., Virendra Gaur v. State of Haryana, (1995) 2SCC 577. )
 The Court observed that by virtue of Article 21, 48 and 51-A the State has a
bounden obligation to protect the environment. In the report of the Special
Rapporteur of the UN Human Rights Council, it is described that the
importance of ecosystem services and biodiversity for the full enjoyment of
human rights and outlines the application of human rights obligations to
biodiversity-related actions. (EXPERT CONSULTATION ON BIODIVERSITY
AND HUMAN RIGHTS 20-21 September 2016,Geneva, Switzerland)
 The conclusion of the report provides that the Biodiversity is necessary for
ecosystem services that support the full enjoyment of a wide range of
human rights, including the rights to life, health, food, water and culture. In
order to protect human rights, States have a general obligation to protect
ecosystems and biodiversity. (Ibid)

25. Thank You!