assessments that includes public participation. The Central Government is tasked with ensuring respect
and protection of associated TK of local communities in accordance with the recommendations of the
NBA including registration of TK and other sui generis methods for its protection. Under Sec 38 the
Central Government is also required to preserve and protect those species that are on the verge of
extinction.
In order to ensure the effective fulfilment of the role of the NBA at a local level, local bodies such as the
Panchayats or Municipalities are required under Sec 41 to set up Biodiversity Management Committees
(BMCs) to promote conservation and sustainable use and documentation of biological diversity and
associated TK. The NBA and the State Biodiversity Boards would consult with the BMCs while taking any
decision relating to the use of biological resources and associated TK within the territorial jurisdiction of
the BMC. Under Rule 22 (6) of the Biological Diversity Rules of 2004 the main function of the BMC is to
prepare a Peoples Biodiversity Register in consultation with the local people which shall contain
comprehensive information on availability and knowledge of local biological resources and their
associated TK. The Biological Diversity Act under Sec 21 envisages that the NBA will base its approval
regarding any application for access to biological resources or associated TK on the whether a mutually
agreed terms and fair and equitable benefit sharing has been negotiated with the local community that
provides such resource or associated TK (benefit claimers according to Sec 2 (a) of the Biological
Diversity Act). The local community or benefit claimers in question will be identified according to the
Peoples Biodiversity Register under the territorial jurisdiction of the local BMC.
The Biological Diversity Act and Rules therefore provides certain rights to the Raika community:
• The right to consultation and public participation prior to any project that may affect the
livelihoods of Raika, their animal breeds and associated TK;
• The right to conservation and sustainable use of our animal breeds;
• The right to give prior informed consent and negotiate mutually agreed terms when any Raika
animal genetic resources or associated TK is accessed and share fairly and equitable in any
benefits arising from the utilization of their animal genetic resources and associated TK;
• The right to a Peoples Biodiversity Register that will document Raika biological diversity and
associated TK;
• The right to a BMC to advise the NBA on how the Raika biological resources and associated TK
can be conserved and sustainably used; and
• The right to carry on the Raika traditional lifestyles which involves continued access to grazing
lands in order to conserve the biological diversity of our breeds and associated TK.
B. The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006
The preamble of the Forest Rights Act in accordance with Art 8j of the Convention on Biological Diversity
recognizes that the forest dwelling scheduled tribes and other traditional forest dwellers are integral to
the survival of the forest ecosystem. The Forest Act seeks to address the long term insecurity of land
tenure and of these communities and therefore recognizes the rights of forest dwelling tribes and other
traditional forest dwellers, which include nomadic or settled pastoralists, on all forest lands.
The Forest Rights Act therefore provides certain rights to the Raika community:
• The right of ownership, access to collect, use, and dispose of minor forest produce which has
been traditionally collected within or outside village boundaries (Section 3c)
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