hasrat arjjumend
PRESS NOTE
10 October 2010 | Hyderabad (India)
WHOSE BUSINESS, WHOSE PARTICIPATION:
Can the indigenous people get due space in COP11 negotiations?
A key governance issue in Eleventh Conference of Parties (COP11) of Convention of Biological Diversity (CBD) is the contentious issue of rights of indigenous people to their resources. The international regime on ‘access to and benefit sharing from genetic resources and associated traditional knowledge’ (ABS) has come a long way with the Nagoya Protocol in place. The responsibilty of implementation of ABS regime rests with the States. But there are thousands of examples from within India and all over the world which prove that the State machinery is responsible for the denial of these very rights of indigenous communities over their resources. Of particular concern is their right to participate in international and national policy-making process, to access the biological resources on which they depend, and to receive an equitable share of the benefits of using these resources. For instance, India excludes from its legislation National Biodiversity Act 2002 the most important provision of prior informed consent (PIC), which empowers actually the indigenous people of India to regulate and control the access of user Parties, usually developed countries, to genetic resources (plant, animal and microorganisms) held by indigenous people. In this case State has monopolized the governance and control over the resources.
This crucial issue has been debated today at length in a Panel Disscussion entitling “Whose Business, Whose Participation: Can the indigenous people find due space in ABS negotiations”, organized by the Academy of International Studies, Jamia Millia Islamia Central University, New Delhi as part of deliberations of COP11 in Hyderabad International Convention Centre. A large community of scientists, legal experts, activists, representatives of indigenous & local communities and others concerned from countries of South Asia, Central Asia, Africa took part in the panel discussion, and they were of near unanimous view that the role of the State has to be redefined in relation to governing the natural resources. The most important question raised was: “Are the Parties serious towards participation of indigenous people in negotiation process of Nagoya Protocol and in corresponding national policy-making processes, particularly when they do not truly respect, recognize and enforce the rights of their own indigenous people?” On the question “can the indigenous people and local communities secure their access to bioresources in forests and protected areas under National ABS regimes”, Dr. Sabiha Alam of Academy of International Studies was of the opinion that the present national and sub-national laws are darfted in such a way that they are hostile to the interests of indigenous communities. When the access is denied by the State, the real benfit sharing is a far-fetched dream. She further stressed on the need to come out of the stereotypes that we have evolved about indigenous communities. A team of researchers from Academy of International Studies, including lead researcher Mr. H. Arjjumend, are doing pioneering work on such crucial issues of the inclusion of indigenous communities in policy negotaitions of CBD and Nagoya Protocol.
Contact Addresses:
Dr. Sabiha Alam, Assistant Professor
ACADEMY OF INTERNATIONAL STUDIES
Jamia Millia Islamia (Central University), New Delhi – 110025 India
Tel: 011-26987582, 09911180539 Fax: 011-26987583
sabih...@hotmail.com, http://jmi.ac.in/otherinstitutes/atws.htm
Mr. Hasrat Arjjumend, Senior Fellow
GRASSROOTS INSTITUTE
Banjar – 175123 District Kullu, Himachal Pradesh (India)
Tel: 01903-200202, 09910188948 Fax: +91-01903-222257