Nepal has been a party to the Convention on Biological Diversity since February 1994 and to the Nagoya Protocol since March 2019. Over the past twenty-five years, Nepal has engaged in an evolving discourse on Access and Benefit Sharing (ABS) related to genetic resources and associated traditional knowledge. Although the Convention on Biological Diversity (CBD) and the Nagoya Protocol established global principles for prior informed consent (PIC), mutually agreed terms (MAT), and fair benefit sharing, Nepal’s domestic efforts to operationalize these commitments have progressed slowly. This paper traces the country’s ABS journey from the initial conceptualization in the mid-1990s to the preparation of the final draft ABS Bill in 2018, highlighting the policy debates, institutional challenges, and lessons learned throughout the process.
Drawing on policy reviews, stakeholder consultations, and documented national initiatives, the study focuses on distinct phases of Nepal’s ABS law formulation process from awareness building to finalization of the bill within a federal governance structure. Key lessons include the importance of meaningful prior informed consent procedures; robust institutional arrangements across government tiers, and mechanisms for mutually agreed terms that respect both communal heritage and scientific innovation. Comparative insights from global experiences further illuminate how administrative complexity, market dynamics, and limited user interest in plant genetic resources shape ABS implementation.
The paper argues that while Nepal has made significant conceptual and procedural advances, full realization of ABS requires strengthened institutional capacity, harmonization with the ITPGRFA and intellectual property regimes, and the development of enabling conditions for collaborative research and bioprospecting. By documenting Nepal’s more than two-decade experience, the study offers practical insights for countries pursuing effective and equitable ABS governance.