Draft made by ESDR participants 2017 Amended by 2024

participants

REGIONAL CONVENTION ON THE PROTECTION, PRESERVATION AND

SAFE USE OF HIMALAYA FOR SUSTAINABLE DEVELOPMENT, 2017

CONTRACTING PARTIES

A. AFGHANISTAN
B. BANGLADESH
C. BHUTAN
D. CHINA
E. INDIA
F. MYANMAR
G. NEPAL
 H. PAKISTAN

PREAMBLE
The contracting parties
Recognizing the ever-growing need for a regional framework model with a
detailed welfare approach for the protection of the common environment,
Recognizing also the need to preserve and protect the existing and
endangered species of flora and fauna, as well as water resources, whilst
protecting existing ecosystems

Recognizing the need to protect the culture, language and livelihoods of local
populations,

Witnessing the transboundary pollution that has been caused due to

development projects being carried out around the world and in the region,

Realizing, the necessity and responsibility for creating and safeguarding a

Convention for the protection, preservation and safe use of Himalayas for
sustainable development by the contracting parties,
Recognizing the Himalayan region as a living entity which maintains a life-
sustaining system of the biosphere
Affirming that the protection, preservation and safe use of the Himalaya is a
common concern of humankind
Recognizing the historical injustices of colonialism and affirming the right of
people and nations to permanent sovereignty over their natural wealth and
resources.
Reaffirming also that states hold fiduciary duty to conserve their biological
diversity and for using their resources in a sustainable manner.
Stressing the importance of and the need to promote regional cooperation
among states and intergovernmental organizations and non-governmental
sectors for the conservation of biological diversity and the sustainable use of
its components.
Reiterating the proactive measures that have already been taken by States
in their national constitutions and other legislative instruments for
environmental protection.
Recognizing the significant progress and commitments outlined in previous
international agreements, including Stockholm Declaration, Rio Declaration,
Kyoto Protocol, Paris Agreement and Convention on Biological Diversity, UN
Framework Convention on Climate Change, and the United Nations
Declaration on the Rights of Indigenous People.
Acknowledging the invaluable ecological philosophies inherent in the
customary practices and traditional knowledge of indigenous people, which
emphasize harmony and balance between humanity and nature.
Abiding by the principles of sustainable development, inter- and intra-
generational equity, polluter pays principle, precautionary principle and
common but differentiated responsibility principle, parenspatriae principle,
and no harm principle.
Do hereby agree and on the basis of the above mentioned principles as
follows,

Article 1
Geographical scope and Jurisdictional Scope

1. The Convention applies to the contracting State Parties subject

toHimalayan Region.
2. Subject to the rights of other states and except as otherwise expressly
provided, this Convention shall apply in relation to each contracting
party.

Article 2
Definitions

Environmental Impact Assessment (EIA): A systematic process for

evaluating the potential environmental effects of a proposed project or
development, including its impacts on biodiversity, ecosystems, and local
communities. EIA aims to ensure that environmental considerations are
integrated into decision-making processes and to identify measures to
mitigate adverse effects.

Geographical Indication (GI):A designation that identifies a product as

originating from a specific geographic region, where its quality, reputation,
or other characteristics are intrinsically linked to its location of origin. GIs
are used to protect traditional knowledge and local heritage, often
promoting sustainable economic development.
Bio-Piracy: The unauthorized exploitation or commercialization of
biological resources or traditional knowledge, often from Indigenous
Peoples and local communities, without adequate compensation,
recognition, or consent. Bio-piracy undermines biodiversity conservation
and equitable sharing of benefits.

Clean Energy:Energy derived from sources that produce little or no

greenhouse gas emissions or environmental pollutants, such as solar, wind,
hydro, geothermal, and certain forms of biomass. Clean energy is a
cornerstone of strategies to mitigate climate change and transition to
sustainable energy systems.

Carbon Trading: A market-based mechanism for reducing greenhouse gas

emissions by allowing entities to buy and sell emission allowances or
credits. It operates under cap-and-trade systems or as part of offsetting
schemes, incentivizing emission reductions while maintaining economic
flexibility.

Himalayan Region:The geographical area encompassing the Himalayan

mountain range and its associated ecosystems, spanning multiple countries
including Nepal, India, Bhutan, China, and Pakistan. The region is
characterized by its unique biodiversity, fragile ecosystems, and critical role
as a water source for millions of people in South Asia.

Climate Financing: Financial resources provided by public, private, or

multilateral sources to support actions that mitigate or adapt to the impacts
of climate change. Climate financing includes investments in renewable
energy, sustainable infrastructure, disaster resilience, and conservation,
often with a focus on developing and vulnerable regions.

Community-Based Forest Management: A participatory approach to

forest management where local communities play a central role in the
conservation, restoration, and sustainable use of forest resources. This
model recognizes the rights, traditional knowledge, and stewardship of
communities, promoting both environmental sustainability and socio-
economic development.

Human-Wildlife Conflict:Situations where interactions between humans

and wildlife result in negative outcomes for both, such as threats to human
safety, livelihoods, and property, or harm to wildlife populations. These
conflicts often arise due to habitat encroachment, resource competition, or
changing environmental conditions.

Invasive and Alien Species:Non-native species introduced intentionally or

unintentionally to an ecosystem where they do not naturally occur. Species
are those who can cause harm to local biodiversity, ecosystems, and human
livelihoods by outcompeting native species, altering habitats, and disrupting
ecological balances. Effective management is crucial to prevent and
mitigate their impacts.

Article 3
Objective

1. The objectives of the Convention include the protection and

preservation of the Himalaya, the sustainable use of its components
and the fair and equitable sharing of the benefit arising out of the
utilization of resources.

Article 4
Principle

The principles of this Convention are:

1. Foster regional cooperation and collaboration among contracting
states, strengthen local capacities, and promote community-led efforts
in conservation, sustainable resource use, and development with due
respect to future generations.
2. Safeguard cultural heritage and socio-ecological systems, ensuring
sustainable development and preventing harm to the environment and
resources of other states.
3. Integrate traditional knowledge with scientific advancements to drive
innovation and holistic regional development.

Article 5
Protected Areas

1. The Parties shall create protected areas with a view to implement

special tools to conserve the biological diversity in the region.
2. Parties shall create buffer zones on the borders of such protected
areas and a proper demarcation of buffer zones.
3. The Parties shall continue the conservation of biological diversity in the
existing protected areas within the countries.
4. The protected areas shall be co-managed with indigenous communities
through equal decision-making, allowing traditional land use rights and
livelihoods.
 5. Transboundary protected areas shall be recognized and protected with
the regulation of preventing transnational harm and carrying out
biodiversity management.
6. Promote Sustainable Development in Buffer Zones and Encourage and
implement sustainable development initiatives in areas adjacent to
protected regions to ensure ecological balance and support local
communities.
7. Control and Eradicate Invasive Species and to take measures to
prevent, control, or eradicate invasive alien species that pose a threat
to ecosystems, habitats, or native species.

Article 6
Recognition of Community-Based Forest and Wildlife Management

1. Contracting parties shall recognize and respect traditional and

community-based systems of forest and wildlife management as vital
to conservation and sustainability.
2. States shall integrate these systems into national policies, ensuring
equitable benefit-sharing and providing legal and institutional support
to enhance their effectiveness.
3. With particular emphasis on addressing and managing human-wildlife
conflicts that pose significant challenges and risks to the well-being
and safety of communities residing in affected areas.

Article 7
Protection of local populations and livelihoods

1. The Parties shall take measures to promote the living standards of the
local population.
2. The Parties shall establish and maintain protected areas to conserve
biological diversity while upholding and safeguarding the rights of
Indigenous Peoples. These protected areas shall be designated,
regulated, and managed to achieve conservation objectives in a
manner that:
A. Respects the traditional knowledge, practices, and cultural
heritage of Indigenous Peoples.
B. Recognizes and protects their rights to land and natural
resources.
C. Ensures active participation and meaningful engagement of
Indigenous communities in decision-making processes related to
the management and governance of these areas.
3. The Parties shall recognize the intrinsic connection of indigenous
populations to their land.
 4. The Parties shall take measures to mitigate the factors causing the
displacement and migration of the local population.
5. The Parties shall consult with local populations before commencing any
development projects within the region.
6. If local populations must be relocated then Parties shall provide fair
compensation that takes into account the value of indigenous persons’
connection to their land.
7. Parties shall take measures to protect local livelihoods in so far as they
do not damage the natural environment.
a. If local livelihoods are causing environmental damage parties
shall create alternative, local, sustainable livelihood options for
indigenous persons.

Article 8

Due Diligence

1. Contracting parties shall require that each proposed development

project located in its territory or under its jurisdiction Shall take into
account and extract the necessary environmental, social and cultural
assessments and EIA
2. Civil society and consultation with civil society shall be an essential
part of the Environmental Impact Assessment (EIA). The consultation
process must involve including native residents, indigenous
communities, and any groups potentially affected by the proposed
project. Their views and concerns should be incorporated into the
assessment to ensure inclusivity and transparency.
3. An exception to this requirement shall only apply where it is
demonstrated within the EIA framework that the project will not
significantly mitigate or reduce harm to the environment, biodiversity,
or socio-ecological systems.

Article 9

Himalayan Climate Justice Fund

1. Contracting parties shall establish a regional integrated fund that

oversees Climate Adaptation, Disaster Response, Loss and Damage,
Sustainable Development and Innovation.
2. Parties shall provide fair compensation to local communities for loss
and damage resulting from climate impacts or development projects,
including displacement, environmental degradation, and loss of
livelihoods.
 3. The Fund shall be financed through their respective capabilities from
parties based on annual GDP and share of carbon emissions.
4. The Fund shall prioritize projects led by or benefiting affected
communities, ensuring equitable access to financial resources,
particularly for indigenous populations and marginalized groups.
5. The effectiveness of the Fund shall be reviewed every three years by
an independent panel, with findings presented to the Conference of the
Parties.

Article 10
Protection of cultural traditions

1. Parties shall take measures to promote resonance of Himalayan

culture.
2. Parties shall promote indigenous arts and traditional knowledge within
the region.
3. Parties shall acknowledge and protect the cultural rights of local
populations.
4. States shall ensure that children in the area have the right to be
educated in their local language.

Article 11
Native and endangered species
1. The parties shall conduct a full scientific study to track all the native
and endangered species in the area.
2. The parties shall implement repopulation and protection programs for
all species identified as endangered.

Article 12
Protection of genetic resources
1. Parties shall ensure indigenous populations retain intellectual property
rights over traditional knowledge and indigenous mountain and forest
products including herbs and seeds in the region.
2. Parties shall grant geographical indication rights over such resources
to indigenous populations.
3. Parties must refrain from granting patent rights to indigenous
Himalayan mountain and forest resources to any corporation.
4. Parties shall actively prevent and provide remedies for bio piracy.

Article 13
Use of Shared Resources
 1. The Parties shall use the shared resources in an equitable and
reasonable manner in accordance with international law.

Article 14
Sustainable use of Natural Resources

1. The Parties shall formulate plans and policies to ensure the sustainable
use of natural resources available in the region.
2. The Parties shall educate regional populations regarding the
sustainable use of natural resources.
3. Any dispute among local populations regarding the use of natural
resources shall be resolved according to the municipal laws of the
concerned state parties.
4. The Parties shall introduce alternatives to the use of the rarest natural
resources, as identified by the parties.

Article 15
Carbon emissions

1. States shall take measures to further reduce their carbon emissions.

2. States shall take measures to shift from non-renewable energy to
clean-energy.
3. States shall shift necessary measures to shift conventional fuel to
sustainable fuel to reduce carbon emission that may influence iceberg
and permafrost melting.
4. States shall introduce carbon emissions thresholds for corporations.
5. States shall provide tax incentives for companies who reduce their
emissions below the threshold level.
6. States shall set carbon emissions targets which shall be determined by
the Conference of the Parties.
Article 16
Fair Carbon Trading

1. Contracting parties shall ensure that carbon trading mechanisms are

fair, transparent, and do not disadvantage any state economically or
socially.
2. Measures shall be taken to prevent exploitative practices and to
ensure that carbon trading supports sustainable development and
climate resilience in all participating states.

Article 17
Alternative energy resources
1. The Parties shall undertake policies to promote the use of alternative
energy sources including solar energy, wind energy and other green
energy.
2. The Parties shall provide subsidies to incentivize the installation of
alternative energy sources.

Article 18
Water
1. Parties shall ensure equitable water use for up and downstream areas.
2. The parties agree to draft a detailed water management Protocol at
the first Conference of the Parties.
3. The parties shall establish governing mechanisms to manage and
protect their transboundary water resources and glacial water
resources.

Article 19
Food Sovereignty
1. The Parties shall ensure measures are introduced to protect the rights
of local populations in regards to the availability, accessibility,
affordability and acceptability of food.
2. The Parties shall introduce plans and projects for food production,
storage and distribution.
3. The Parties shall make necessary arrangements for implementing
sustainable agriculture and farming which is resilient to climate
change.

Article 20
Waste management

1. The Parties shall restrict certain destructive materials in the Himalayan

region and install waste management facilities to prevent the
haphazard disposal of waste in the region, especially in tourist areas.
2. Parties shall undertake to remove waste already present in the region.

Article 21
Sustainable Tourism

1. The Parties shall promote sustainable tourism in the region.

2. The Parties shall assess and implement sustainable tourism by
introducing tourist permits, quotas regulations, and quality
accreditation for promoting sustainable tourism.
 3. The Parties shall introduce measures to regulate the trekking routes
and popular destinations within the region.
4. The Parties shall make compulsory the use of biodegradable products
as far as possible within the region.
5. The Parties shall implement measures to produce biodegradable
products at the local level.

Article 22
Research, Development and Knowledge Sharing

1. The Parties shall institute an independent research and knowledge-

sharing center to conduct research study on the effect of climate
change in the region.
2. The Center shall be constituted of experts including lawyers, scientists,
environmentalist sociologists, social workers,research historians,
environmental activists, and anthropologists.
3. The Center will conduct studies based on both scientific reasoning as
well as traditional knowledge of the Himalaya region.
4. The Parties shall share with the other contracting parties the relevant
data of common concern obtained through independent studies and
researches.
5. The contracting parties will promote trans-boundary knowledge and
data sharing, regional cooperation of experts, formats facilitating open
data exchange, and develop a common data sharing framework, which
will form the basis for the development of Himalayan knowledge
exchange platform.

Article 23
Disasters and Calamities

1. The Parties shall implement disaster risk reduction measures to

mitigate the harm caused by natural disasters to local populations and
environments.
2. The Parties shall take prompt action to respond to natural disasters.
3. The Parties shall take necessary scientific mechanisms for the
prevention of Glacial Lake Outburst Floods.
4. The Parties shall conduct mandatory annual regional disaster risk
reduction drills and establish a rescue task force composed of local
communities.
5. The Parties shall make necessary arrangements for the resources to
the rescue task force.
6. The Parties shall take necessary steps to set up early disaster
detection mechanisms integrating technologies.
 7. The affected Party may call for the Collective Response Mechanism by
notification to the Secretariat in the cases of disasters and imminent
threat to the region.

Article 24
Monitoring Body

1. There shall be a monitoring body composed of experts from all

contracting parties with branch offices in the territory of all contracting
parties in the region.
2. The monitoring body shall:
a. The monitoring body shall be composed of members from each
contracting party.
b. Each Contracting Party to this Convention shall have one vote.
c. Monitor both environmental indicators as well as implementation
of the Convention.
d. Conduct planned and sporadic environmental audits.
e. Provide recommendations to states as to how they can improve
their environmental practices.
f. Prepare annual country specific progress reports of its findings to
be presented at the Conference of the Parties.
g. Conduct scientific studies to assess any gradual or rapid
environmental changes that occur within the region.

3. Complaints can be made and settled through the monitoring body by

any party including members of the general population.
4. The monitoring body shall make periodic reports and submit it to the
Council of Ministers and make reference to it as and when necessary
for decisions on policy matters.

Article 25
Enforcement measures

1. In the case of non-compliance with any provision of the Convention the

monitoring body must issue a notice warning to the offending party.
2. If the party continues not to comply with the Convention the
monitoring body may impose financial sanctions on any contracting
party for the non-compliance of any provision of the Convention.
3. If a Party persists in non-compliance with the Convention more
stringent measures shall be imposed as decided by the Conference of
the Parties.
Article 26
Awareness raising, education and public participation

1. The Parties shall pursue plans and policies aiming at increasing

environmental awareness and improving access of the public to
information on the protection and sustainable development of the
regions, and promoting related education curricula and programmes.
2. The Parties shall pursue policies guaranteeing public participation in
decision-making relating to the protection and sustainable development
of the region, and the implementation of this Convention.

Article 27
Settlement of disputes

1. Any dispute arising from the interpretation or implementation of the

present Convention shall be resolved through:
a. The Parties agree to try to settle any disputes relating to the
Convention through negotiation or through diplomatic
channels.
b. The Convention hereby establishes the Third Pole Dispute
Resolution Committee.
c. If the parties are unable to settle the dispute through
negotiation they may, provided both parties consent, attend
mediation at the Third Pole Dispute Resolution Commission.
d. If mediation is unsuccessful or if the parties do not consent to
mediation, the parties may agree to submit the dispute to
arbitration. The arbitration shall be conducted in accordance
with arbitration rules agreed upon by the parties to the
dispute.
e. If both negotiation and mediation are unsuccessful, the
parties must submit to the authority of the International Court
of Justice.

Article 28
Conference of the Parties

1. The first Conference of the Parties will be held in Bangladeshwithin 12

months of the entry into force of the Convention.
2. Conferences shall be held annually thereafter beginning with
Bhutanand cycling through the contracting parties in alphabetical
order.
3. The host of the conference of the parties will be responsible for bearing
the costs associated with the conference.
 4. Should any state party be unwilling or unable to host the conference
they shall arrange to host the conference in the territory of another
State and shall bear all costs associated with the conference.
5. Civil society groups, NGOs and scientific bodies will be encouraged to
attend the Conference of the Parties and present their findings or
position
6. Any State can apply for observer status provided their policies are in
line with the Convention.
7. At the Conference of the Parties the parties will:
a. Review any scientific reports and position statements presented
at the conference
b. Establish any subsidiary bodies required to implement the
Convention
c. Make rules about the Convention and any subsidiary body it may
establish to review the implementation of the Convention.
d. Consider and adopt any proposed protocols, amendments,
additional articles or additional annexes to the Convention
e. Present a progress report of any projects under the Convention
they may be undertaking.
Cooperate with other regional organizations and groups
representing other regions facing similar problems

Article 29
Secretariat

1. The Convention hereby establishes a Permanent Secretariat at

Kathmandu, Nepal which will perform the following functions:
1. Arrange the Conference of the Parties
2. Coordinate with any relevant local, regional or international state
and civil society groups and non-government organizations
3. Perform all administrative functions required to fulfill its functions
4. Any other duties assigned at the Conference of the Parties
5. The financial matters not mentioned in the convention shall be
overseen by the Office of Secretariat.
6. The Secretariat shall provide good offices for the settlement of
disputes to the parties.
Article 30
Signature

1. This Convention shall be open for signature to all States mentioned in

the Preamble at Namo Buddhafrom 26 November 2024.

Article 31
Reservation
 1. No reservations shall be made to this Convention.

Article 32
Ratification, Acceptance or Approval

1. This Convention and any Protocol shall be subject to ratification,

acceptance or approval of all States mentioned in the Preamble.
Article 33
Accession

1. This Convention and any Protocol shall be subject to accession of all

States mentioned in the Preamble from the day after the Convention is
closed for signature.

Article 34
Amendments to the Convention
Any amendments may be affected through the proposal of any Party
through the procedure decided at the conference of the parties.

Article 35
Implementation

1. The Parties shall implement the convention in good faith in accordance

with the Vienna Convention on the Law of Treaties and customary laws
of treaty interpretation.
2. The Parties shall implement the provisions of the Treaty within a
reasonable timeframe to be decided by the parties at the first
Conference of the Parties.
3. The Parties shall encourage the full participation of the local people in
the implementation and benefit sharing arising from the convention.

Article 36
Entry into force

1. This Convention shall enter into force 30 days after the

fourthorthratification, acceptance, approval or accession.

Article 37
Withdrawal
 1. Once two years have expired since the entry into force of the
convention any party may withdraw from the Convention at any time
with a six-month notice.
2. Withdrawing from this Convention will automatically result in a
withdrawal from all protocols of the Convention.

Article 38: Language

The Authentic Text of this Convention, of which the Nepali, Hindi, Bengali,
Chinese, English, Sinhala, Urdu, and Dzongkha texts are equally authentic
and shall be deposited to the office of the General Secretary of the United
Nations.

Kathmandu School of Law

16th ESDR, Winter School
26th Nov-2024

To
Name of the Head of State
Country of the Head of State
Address

Subject:“Submission of the Draft Himalayan Convention for Consideration”

Your Excellency

I hope this letter finds you well. On behalf of Kathmandu School of Law “16th
Economic, Social, Developmental Rights, Winter School”, I am writing to
share an important development that has emerged from years of collaborative
efforts and dedication to addressing pressing environmental concerns in the
Himalayan region.

The ESDR Winter School, an annual winter school for learning and cooperation on
Economic, Social, Developmental Rights, has brought together participants from
across South Asia and beyond. Over the years, this program has included
representatives from nations such as Nepal, India, Bangladesh, Pakistan, Sri
Lanka, Bhutan, China, Afghanistan, Myanmar, Kenya, and others. This year,
participants from Nepal, India, Bangladesh, Sri Lanka, and China joined forces to
continue the tradition of meaningful engagement.

Through this sustained collaboration, we are pleased to present the draft treaty
titled The Himalayan Convention. This draft convention reflects a collective
vision and commitment to protecting the unique ecosystems of the Himalayas
while fostering regional cooperation for sustainable development. Over successive
Winter School sessions, the treaty has been refined and shaped by the valuable
contributions of experts, participants, and stakeholders.

The Himalayan region is a shared resource of immense environmental, cultural,

and economic significance. Its preservation is crucial not only for the nations
directly connected to it but for all that are subject countries to it. Recognizing this,
we have worked tirelessly over years to craft a framework that promotes
conservation, restoration, and equitable resource use.

Attached with this letter is the finalized draft of the Himalayan Convention,
bearing the signatures of those who have contributed to this effort. We kindly
request your esteemed consideration of this document and hope that it will inspire
further action toward a unified approach to protecting the Himalayas.

We stand ready to provide any additional information or support as you review the
Convention. Thank you for your time and for your commitment, leaving it all upon
your kindness, generosity and fine sense of judgement.
Yours respectfully,

Prof. Dr. Yubaraj Sangroula

Executive Director
Kathmandu School of Law

S.N Name of the Delegate Country Signature

o.