[Pirateninfo] Biopiracy and India's Biodiversity Bill

Silke Pohl sipohl at yahoo.com
Mon Dez 16 05:27:29 CET 2002


<AgBioIndia@agbioindia.org> schrieb am 05.12.02 05:48:03:
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AgBioIndia Mailing List
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05 December 2002

Subject: Biopiracy and India's Biodiversity Bill

At a time when biopiracy and (mis)appropriation of genetic resources 
and the traditional knowledge associated with its use has assumed 
alarming proportion, Lok Sabha, the Lower House in Indian Parliament 
has 
passed the controversial National Biodiversity Bill. The Bill will now 
be 
placed in the Upper House, Rajya Sabha, which had earlier turned it 
down. 
The re-introduction of the Bill comes with 69 amendments!

The National Biodiversity Bill, which will become an Act if the Rajya 
Sabha accords approval, is surely a step in the right direction. The 
Bill is actually the culmination of a process that was initiated by two 
NGOs -- Forum for Biotechnology & Food Security, and Gene Campaign -- 
when they had put out a draft act for conserving and protecting the 
country's massive biodiversity. This was some four to five years ago. 
The 
NGOs intitiative had shaken up the government from slumber and forced 
to 
put together an official Bill. But not everyone is happy. And rightly 
so.

The National Biodiversity Bill is a weak instrument when it comes to 
protecting the traditional knowledge. In fact, it provides no legal 
protection to the traditional knowledge that this country has. By 
documenting and putting the information in a digital form (justifying 
it by 
saying that this will protect its misappropriation), the Ministry for 
Environment & Forests is actually facilitating the process of 
biopiracy.

Further, the Bill is silent on the newest form of biopiracy - genome 
sequencing. With multinational companies mapping the genomes of plants 
and animals, and then cloning the genes and drawing IPR over these, how 
can the country's interests be protected?

Contents:

1. Parliament Clears Biodiversity Bill
2. Biodiversity policy: bold, new step --  By Keya Acharya
-------------------------------

1. Parliament clears Bio-Diversity Bill
Pioneer News Service

New Delhi, Dec 3: Keen to preserve the biological resources of the 
country, Parliament on Monday gave its approval for setting up of a 
three-tier structure including an apex National Biodiversity Authority 
(NBA) 
at Chennai. The Biological Diversity Bill, passed by a voice vote in 
Lok 
Sabha, seeks establishment of State bio-diversity boards (SBBs) and 
bio-diversity management committees (BMCs), besides the NBA, to 
regulate 
access to the diverse plant and animal genetic resources in the 
country.

Winding up a debate on the bill, Environment and Forests Minister T R 
Baalu on Monday allayed fears that the measure could lead to 
exploitation and piracy of traditional knowledge and said the 
Government would 
provide adequate safeguards against any misuse of the law by 
multinational 
companies and others. Steps would be taken to enhance capacity at 
village level through the BMCs to ensure true empowerment of the people 
and 
provisions of the bill primarily addressed issues concerning access to 
genetic resources and associated knowledge by foreign individuals, 
institutions or companies, he said. It also envisaged equitable sharing 
of 
benefits from these resources and knowledge with the country concerned.

Defending the decision to have the NBA at Chennai, Mr.Baalu said the 
city has rich biodiversity as it is surrounded by Bay of Bengal, 
Arabian 
Sea, Indian Ocean, Western Ghat, Eastern Ghat and wide range of flora 
and fauna. Participating in the discussion, members expressed 
apprehensions that the bill may enable multinational companies and 
foreign 
agencies to grab many valuable knowledge and skills. Besides protecting 
knowledge of local communities related to bio-diversity, the bill seeks 
to 
conserve and develop areas important from the standpoint of biological 
diversity by declaring them as heritage sites. In the past, the 
biological resources of the country had been shared freely with other 
countries 
but this scenario had changed following the coming into force of the 
convention on biological diversity. The convention provides for 
facilitating access to genetic resources for environmentally sound uses 
on 
mutually agreed terms with prior consent of the country providing these 
resources.

The minister said such facilitation of access could be provided only 
through national legislation. Congress deputy leader Shivraj V. Patil, 
however, said the bill had been drafted in a casual and clumsy manner 
and 
was devoid of lucidity.
--------------------

2. Biodiversity policy: bold, new step
By Keya Acharya

Deccan Herald, Nov 29

India's largest and most complex effort at documenting its natural 
biodiversity and coming up with implementable strategies to conserve 
it, is 
currently nearing completion. The UNDP-Global Environmental Facility 
and the Union Environment Ministry's National Biodiversity Strategy and 
Action Plan (NBSAP) has been a two-year process involving participation 
of all States and Union Territories. Executed in an unusually 
innovative Government collaboration with an NGO, NBSAP's scope has been 
huge: 18 
sub-State ecological zones, 10 inter-State ecologically important 
zones, 13 thematic level plans on major areas of biodiversity and 30 
reviews 
of specialised biodiversity areas.

The outreach has been equally wide. Tens of thousands of people 
including school children and youth, along with Government 
administration, 
have been garnered through 'biodiversity melas', cycle and bullock-cart 
rallies, cultural programmes, calls for public hearings and 
participation 
to put forward their suggestions and concern.

Studies of India's floral and faunal history through geological 
evolution of ghats, mountains and rivers together with its history of 
human 
ethnicity have formed the basis for profiling India's biodiversity. 
Economic, cultural, scientific, aesthetic, food security and health 
values 
have been studied, along with current laws and policies to check the 
causes for the loss of biodiversity.

It has one significant deviation though, in its attempts at critically 
analysing its own processes. Thus it states that though most critical 
areas have been covered, NBSAP's integration of gender equity and 
empowerment has remained weak. Its link with Government departments of 
Agriculture, Health and Biotechnology has also remained nebulous. One 
positive outcome of that inability to co-ordinate is that it has 
highlighted 
India's inadequate baseline data on genetic diversity, whether wild or 
domesticated, and the consequent poor understanding of the links 
between 
wild and agricultural biodiversity. State Governments have been more 
open to the exercise and made moves towards formulating plans for 
biodiversity conservation.

Rousing response

Ironically enough, even while ecological degradation is rampant 
throughout the country, the response from the people of India towards 
the 
process has been overwhelming. In Andhra Pradesh's tribal belt of 
Srikakulam, youth self-help groups, village panchayats and women's 
sanghas have 
taken it on themselves to collaborate with the Government to rope in 
schemes existing within the Integrated Rural Development Project.

In Punjab, the nodal agency appointed for conducting the NBSAP did an 
analysis of the entire available biodiversity-related PhD and MPhil 
theses from the State's academic institutions. The Rajasthan State 
nodal 
agency developed an integrated chart on the impact of biodiversity on 
the 
various Government departments. Mizoram, Meghalaya and Tripura 
conducted village-level public hearings across several districts, 
generating 
interest and awareness. In Karnataka, an entire cadre of college 
students 
conducted mapping and data collection exercises in documenting the 
State's biodiversity and traditional plant knowledge into Biodiversity 
Registers.

Article 6 of the Convention on Biological Diversity (CBD, 1993) of 
which India is a signatory along with 174 others, requires parties to 
prepare NBSAPs. The UNDP-GEF combine has sponsored these biodiversity 
strategies and action plans in countries in Asia, South America, Africa 
and 
nation-islands. Interestingly, the tiny and strife-ravaged Palestine 
has 
already begun implementing its conservation recommendations.

Biodiversity Bill

What is the Indian Government going to do with these plans? Its vision 
of becoming a 'developed' nation by 2025 and the administrative bend 
towards all-out development have led to rapid ecological decline as 
well 
as conflict with the community at large. Lakes are drying up, seas are 
over-fished and dumped with toxics, mountains and lands defaced in a 
manner that shows serious absence of a sound land-use policy. The EIAs 
(environmental integrated assessment), required by law in commercial 
projects involving natural resources have more often than not thrown up 
inadequate evaluation and highlighted the absence of a compulsory 
independent assessment. The Government has not prioritised 
environmental 
conservation in its bid to develop the country.

Yet it is not that biodiversity conservation is new to India. Numerous 
Central Government conservation initiatives are being conducted mainly 
by the ministries of science, technology, environment and agriculture. 
The Biodiversity Conservation Prioritisation Project (BCPP 1999) was 
India's largest and most comprehensive exercise to prioritise sites, 
species and strategies for conservation.

NBSAP is now leaning on the Biodiversity Bill, asking that each State's 
Biodiversity Board works in tandem with a Central NBSAP Implementation 
Committee formed through cross-country representation of NGOs, civil 
society and Government and seeks recognition of biodiversity within the 
Planning Commission.

But in spite of its best efforts, the country's poor record of 
implementing environmental laws leaves the NBSAP vulnerably exposed to 
each 
State's interest in the matter. And each State's interest in turn 
stands 
vulnerably exposed to 'development'. Perhaps the best counter to this 
would be in the active voice of all the tens of thousands of people 
that 
helped formulate the strategy. Let us at least hold our heads up on 
this one and pull off implementation this time round.

____________________________________________
 
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KARSTEN WOLFF
Geographer and Tropical Agriculturalist

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