Abstracts
Theme: WTO and Governance
Panel: Natural Resource Management and Access Benefit Sharing (ABS)
Session I:
 Natural Resource and Benefit Sharing: The Indian Scenario
Mita Dutta*
India is a big repository of natural resources, which includes innumerable number of flora, fauna, etc. The mountain region of the country specifically is extremely rich in natural resources. Even if one-third of the population in the country depends directly on these resources for their livelihood, it is of crucial importance to protect its resources with effective management system.
In the era of globalization, the poor community in this region is facing various threats in earning their livelihoods. They are extremely vulnerable to the transitional pains. After a decade or more, since the process started taking place, situation has not much improved. The trade negotiation has become multilateral phenomenon under WTO, which is not an equal platform for all the countries. Poor communities of the country often find it even more difficult to cope. Therefore, a developing country like India needs to be careful in protecting its own natural resources.
TRIPs agreement under WTO recognizes monopoly rights over property, be it natural or intellectual. But that results in loss of rights of the community nurturing these resources and preserving it for generations. These communities neither have access to knowledge nor the legal system, which might help them fight for their natural rights. In fact the same also affects the economic interests of the country.
International obligations, like ratification of Convention on Biological Diversity, ensure that a country should may its natural resources by sui generis option. Sui generis form of protection is better for India as this keeps the resources in public domain.
Presently, India has two legal tools to protect its natural resources. These two Acts if implemented carefully, can take care of two basic issues of supporting poor community. Both the Acts keep provisions for benefit sharing and prior informed consent, which are key to effective natural resource management by distributing the rights equally over the same.
But in reality, over the years we find that traditional community has been more or less, losing their rights over these resources. Somehow even such good laws cannot help them ensure their rights. A crucial loophole could be that their right to take part in the decision making process was not recognized under these laws. Therefore, the management system cannot work efficiently which requires both upward and downward linkages.
*Mita Dutta works for the Consumer Unity & Trust Society (CUTS), Calcutta, India.
Implications for Farmers’ Rights to Livelihoods
Roshani Sigdel*
Nepal has diverse physiographic zones, climatic contrasts, and altitudinal variations. The country is tremendously rich in biodiversity, which, in turn, is intrinsically associated with the way of life of peoples. It is one of the major sources of food and income for a large section of the society. Around 78 percent of the people depend on agriculture. Nepalese farmers have largely contributed to the evolution of a vast amount of rich traditional knowledge and have been conserving and developing biological resources since time immemorial. The country is, however, weak in technological capability, which could be applied for turning the TK and biodiversity wealth into economic strength and removal of rampant poverty and hunger. In light of these issues, this paper deals with the globalization aspect, by reviewing the provisions of Convention on Biological Diversity (CBD) and Trade Related Aspects of Intellectual Property Rights (TRIPS). The paper basically attempts to review the TRIPS Agreement in order to identify Nepal’s position since this Agreement is likely to spell a disaster for Nepalese farmers if precautionary steps are not taken in time. Article 27.3 (b) of the Agreement is being reviewed and the paper states how and what Nepal should do to safeguard its interest in light of the negative impacts of TRIPS.
* Roshani Sidgel works with South Asia Watch on Trade, Economics & Environment (SAWTEE), Nepal. |
