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 81

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