RAIKA BIO-CULTURAL PROTOCOL
APPENDIX
OUR RIGHTS UNDER INDIAN LAWS & POLICIES
A. The Biological Diversity Act of 2002 and
the Biological Diversity Rules of 2004
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 of 2002 in its efforts to fulfil India's
The Biological Diversity Act under Sec 21 envisages that the
commitments under the Convention on Biological Diversity
NBA will base its approval regarding any application for
provides for the conservation of biological diversity,
access to biological resources or associated TK on the whether
sustainable use of its components and the fair and equitable
a mutually agreed terms and fair and equitable benefit
sharing of benefits arising from the use of such biological
sharing has been negotiated with the local community that
diversity and associated traditional knowledge ( TK).
provides such resource or associated TK (benefit claimers
The Biological Diversity Act sets up the National Biodiversity
according to Sec 2 (a) of the Biological Diversity Act).
Authority (NBA) and the Biological Diversity Rules of 2004
The local community or benefit claimers in question will be
lists the functions of the NBA as including regulating
identified according to the Peoples Biodiversity Register
access to biological resources and associated TK for
under the territorial jurisdiction of the local BMC.
commercial and research purposes. The NBA is also
empowered to advise the Central Government on any
The Biological Diversity Act and Rules therefore provides
matter relating to the conservation and sustainable use
certain rights to the Raika community:
of biodiversity and associated TK and the fair and equitable
sharing of benefits arising from the utilization of biological
• The right to consultation and public participation prior
resources and associated TK. The Biological Diversity Act
to any project that may affect the livelihoods of Raika,
among other things requires the Central Government under
their animal breeds and associated TK;
Section 36 to promote the conservation and sustainable use
of biological diversity through in situ conservation and
• The right to conservation and sustainable use of our
animal breeds;
minimize the adverse effects on biological diversity of any
project undertaken through environmental impact
• The right to give prior informed consent and negotiate
assessments that includes public participation. The Central
mutually agreed terms when any Raika animal genetic
Government is tasked with ensuring respect and protection
resources or associated TK is accessed and share fairly
of associated TK of local communities in accordance with
and equitable in any benefits arising from the utilization
the recommendations of the NBA including registration of
of their animal genetic resources and associated TK;
TK and other sui generis methods for its protection.
• The right to a Peoples Biodiversity Register that will
Under Sec 38 the Central Government is also required to
document Raika biological diversity and associated TK;
preserve and protect those species that are on the
verge of extinction.
• The right to a BMC to advise the NBA on how the Raika
biological resources and associated TK can be conserved
In order to ensure the effective fulfilment of the role of the
and sustainably used; and
NBA at a local level, local bodies such as the Panchayats or
• The right to carry on the Raika traditional lifestyles which
Municipalities are required under Sec 41 to set up Biodiversity
involves continued access to grazing lands in order to
Management Committees (BMCs) to promote conservation
conserve the biological diversity of our breeds
and sustainable use and documentation of biological diversity
and associated TK.
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
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