Several panchayats, gram sabhas, NGOs, and people's movements from across India have come together in Delhi to protest against the Biodiversity Rules (2004), notified under the Biological Diversity Act, 2002, The Biodiversity Rules, notified in April 2004, by the Ministry of Environment and Forests, are the executive orders made by the Government in order to carry out the purposes of the Act . We demand that the Parliament reject the present Rules. The Biodiversity Act and the Rules are essentially in response to international treaty obligations under the Convention on Biological Diversity. The starting point of the discussion and legislation on conservation and control of biological resources and knowledge has not been initiated through communities at local level. Therefore the said Rules and the Biodiversity Act do not adequately recognize communities' sovereignity over their resources and knowledge. Over 200 Panchayats and Gram Sabhas have already passed resolutions rejecting the Rules in their current form, and as an act of non co-operation refused to set up Biodiversity Management Committees under such Rules.

The April 2004 Rules undermine both communities dependent on biodiversity, and conservation itself. They also dilute the Biodiversity Act (2002) in letter and in spirit, weakening the already inadequate provisions of the Act relating to rural community rights and powers. They go against the pronouncements of the government about providing more powers to panchayat raj institutions, and go against the constitutional amendments relating to such decentralisation.

Some of the critical problems from the Rules are:

Faulty Process

After the draft Rules were put up for public comment in 2003, several citizens and groups sent in detailed comments to MoEF, but each of these was completely ignored in the finalisation of the Rules. Indeed, the draft Rules finally notified on 15th April are almost identical to the draft put up for public comment, including repeating scientific mistakes! This is a mockery of "public participation".

Faulty Content

There are several problems with the Rules which would only facilitate privatisation of biological resources and knowledge, allow biopiracy, weaken the communities' rights over natural resources and allow vested interests to exploit India's biodiversity.

One of the critical issues is around the powers on constitution of Biodiversity Management Committees (BMCs) to be established by every local body.

The Act supposedly empowers the BMCs to take decisions on conservation and control. However the Rules severely dilute this and state that the main role and function of the BMC is to merely maintain Peoples Biodiversity Register (PBR). The PBR is only part of a larger plan of the government to document and record the diversity of species of flora, fauna, crops, livestock and knowledge of the same. As on date, there is no legal protection available for the knowledge recorded in the PBR. This is problematic when it comes to the question of access to this document and the knowledge it contains. Even though communities create and maintain a database of their resources of knowledge, there is no requirement that their consent would be sought when it comes to accessing the information in the PBRs. Although Rule 17 says local bodies will be consulted before approval for access to bio resources is given, the definition of "consult" is not clear and in many cases it might remain a mere formality and not a prior informed consent. Though the Act clearly has spelt out criteria for rejecting applications for the grant of access to resources and knowledge, it has not listed community consent as one of them. Also Rule 7 is clearly biased, as it gives BMC only an advisory role in the of grant approvals.

Therefore in many ways the Rules do not facilitate community decision making and control on their resources and knowledge and hence are not step toward community sovereignty.

We demand that….

The Rules notified by MOEF be called back and a new participatory consultative process be started at the community level, in order to protect peoples' biodiversity rights and guarantee participation in decision making. In particular, the process should involve widespread consultation with village communities, NGOs, and independent experts and provide for at least the following:

1. Full rights and powers to panchayat raj institutions to manage their natural and agricultural surrounds;
2. Full legal protection to traditional knowledge including whatever is documented in Community Biodiversity Registers;
   
3. Transparent and stringent procedures that govern access to biological resources and knowledge by foreign and industrial entities;
   
4. Clear provisions for conservation of threatened ecosystems, species, and genetic varieties, with the full involvement of relevant communities.

We urge Parliament to reject the currently notified Rules, and press for a new process of formulating them keeping the above in mind. We urge the government to acknowledge the widespread protest against the Rules.

On what grounds can these demands by met

The following two provisions from the Biodiversity Act (sec 62(3) and sec 65) can be used to make amendment to the April 2004 Biodiversity rules and also the Biodiversity Act itself.

1. Every rule made under the Biodiversity Act is to be placed in the Parliament for a period of thirty days and the houses can make changes in the rules (sec 62(3).
   
2. Section 65 of the Biodiversity act gives the "Power to remove difficulties" "(1) If any difficulty arises in giving effect to the provisions of this act, the Central government, may, by order, not inconsistent with the provisions of this Act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act".

We hope that the elected representatives of the people of India will help us to uphold our rights in relation to biodiversity.

Submitted by:

200 Gram Panchayats and gram sabhas of Chhattisgarh, Madhya Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu, and Uttaranchal, along with Kalpavriksh, Gene Campaign, People's Alliance for Livelihood Rights, Deccan Development Society, Centre For World Solidarity, Green Foundation, Delhi Forum and Beej Bachao Andolan, on behalf of the Campaign on Community Control over Biodiversity.

Contact address:

Shantha Bhushan / Ashish Kothari
Kalpavriksh
Apt. 5 Shree Datta Krupa
908 Deccan Gymkhana
Pune 411004
Tel/fax: 020-25654239
Email: kalpavriksh@vsnl.net , kvdelhi@vsnl.net

Delhi contacts: Kanchi Kohli (22753714)