Capacity Building Workshop on. the Biological Diversity Act. atchhapara, Seoni (M.P.)

Transcription

1 Capacity Building Workshop on the Biological Diversity Act atchhapara, Seoni (M.P.) 28th April 2018 Legal Initiative for Forest and Environment (LIFE) New Delhi 2018

2 Contents Executive Summary 2-3 Programme 4-15 Discussion with the Community 16 Annexure 1 List of Participants Annexure 2 Programme Schedule 17 21

3 LIFE s Initiative Legal Initiative for Forest and Environment s (LIFE s) project aims to assess the status of implementation of the Biological Diversity Act, 2002 (BD Act, 2002) and facilitate its implementation in the country by primary and secondary research to enhance understanding of the law, and capacity building of stakeholders at various levels. The BD Act, 2002 mandates constitution of Biodiversity Management Committees (BMCs) at the local body level for the purpose of promoting conservation, sustainable use and documentation of biological diversity. As a part of the project activities, a training workshop was conducted in Madhya Pradesh to raise awareness among the BMCs with respect to the provisions of the statute, specifically focussing on their powers, roles and responsibilities. Executive Summary One Day Training Workshop was organised on 28th April 2018 jointly by Legal Initiative for Forest and Environment (LIFE) and SwantantraYuva Shakti Sanghatan (SYSS), a nongovernmental organisation working in with tribal belt of Seoni district to reduce pressure on forests and improve local livelihoods. The event was held at the Community Hall of the Forest Village, Suanthawari Village (Mandwa Gram Panchayat) in the Chhapara tehsil of Seoni district of Madhya Pradesh. The training workshop was held for the Gram Panchayat Level BMCs of Seoni district to raise awareness among them with respect to their roles, responsibilities and powers. Interested villagers from 8 BMCs participated in the workshop. The programme involved three resource persons: Mr. Rajesh Thembre, President, (SYSS), Advocate Saurabh Sharma, LIFE and Ms. MridhuTandon, Researcher, LIFE. The resource persons highlighted the concept of biodiversity and biological resources as covered under the Act. The workshop purpose of constitution of a BMC, its roles, responsibilities and powers; the main responsibility of a BMC: preparation of a Peoples Biodiversity Register (PBR), the purpose served by a PBR, collection of fees by the BMC, the concept of benefit sharing.

4 Programme Welcome Mr. Rajesh Thembre, President SYSS, welcomed the participants. This was followed by a brief introduction of the participants. Mr. Rajesh Thembre, President, SwatantraYuva Shakti Sanghatan (SYSS) Mr. Rajesh highlighted the continuous need for organising training workshops for BMCs so that the community feels connected with the activity. The community members were told that workshop was held for interacting with the community members on important provisions of the Biological Diversity Act, 2002 such as BMCs, PBRs, collection of fees, steps that BMCs can take with respect to conserving their biodiversity, case studies of BMCs in other areas where other they area active and functional and discussion with the community. Rajesh Thembre, President, SYSS

5 Advocate Saurabh Sharma, LIFE Advocate Saurabh Sharma gave a presentation on legal provisions with respect to biological diversity, biological resources, commercial utilisation, constitution, role and responsibilities of BMCs and their primary responsibility as mandated in the statute: preparation of PBRs. Before starting the lecture, the participants were asked about they understand by the terms biodiversity and biological resources. Given their answers and to help term clarify these concepts, various pictures were shown on the projector such as those of medicinal plants, agricultural varieties and wildlife. This was followed by explaining the process of constitution of the BMCs and their roles and responsibilities. In addition to the preparation of a PBR, the roles and responsibilities of a BMC takes various forms such as eco-restoration of the local biodiversity, management of sacred groves and sacred water bodies, heritage sites including heritage trees, conservation of traditional varieties/breeds of economically important plants and animals; sustainable utilization of biological resources within its area of territorial jurisdiction, regulation of access to the biological resources and/ or associated traditional knowledge, for commercial and research purposes and stopping illegal access of bio resources from areas falling within its territorial jurisdiction. It was explained that the independent power of the BMC is restricted to the levy charges by way of collecting fees from persons accessing or collecting biological resources for commercial purposes from areas falling within their territorial jurisdiction. Collection of fees by the BMC may enable it to build their own finances which can be utilised by them for carrying out the objectives of the statute. It was also clarified that in addition to the fees collected, BMC also get 95% of the money from access and benefit sharing agreements signed at the level of State Biodiversity Boards (SBBs). The villagers were asked about the status of PBR preparation in their BMC and their knowledge with respect to the same. Showing the example of the PBR prepared by BMC Mandwa (Mandwa Gram Panchayat, Chhapara Tehsil, Seoni district), the villagers were explained the need for preparing the register.

6 PBR prepared by BMC Mandwa The PBR prepared serves as a legal document which confirms the sovereign rights of that BMC over the resources documented in the PBR. It serves as a legal basis which proves that the traditional knowledge associated with a particular biological resource is the prior art of that particular village and therefore, cannot be patented. Further, the documentation of people s knowledge about conditions and trends about changes taking place in their surroundings and the drivers of these changes reveals issues of natural resource management to be reflected in the management plan for the area, thereby acting as a basis for knowledge based system of resource management. For example, in the case of a an area rich in medicinal plants, documentation of resources and its current pattern, BMC will be in a position to determine the resource potential, prospects of cultivation, its sustainable use and trading. Further the legal provisions with respect to Biodiversity Heritage Sites (BHS) were explained. It was highlighted that BHS are well defined areas that are unique, ecologically fragile ecosystems. These can be terrestrial, coastal or marine. The basic purpose behind BHS is to provide a legal conservation status to those sites which are not covered under existing statutes: The Wildlife Protection Act, Case Studies on BHS were given from Maharashtra, Telangana and Karnataka.

7 Advocate Saurabh Sharma MridhuTandon, Researcher, LIFE Given the presentation on the legal provisions with respect to BMCs and PBRs, the last presentation highlighted a few examples where BMC had taken up conservation based activities. As an example from the Rewa district of Madhya Pradesh, BMC Keoti Gram (Keoti Gram Panchayat, Rewa district Madhya Pradesh) had filed a petition in the Central Zone of National Green Tribunal raising the issue of illegal mining and illegal construction carried out in their area and the consequent environmental damage caused to the Keoti Village Forests. The BMC had prayed for immediate stoppage of any construction activitycarried out in the Keoti area comprising of dense forest and waterfall and for declaration of Keoti Gram as a Biodiversity Heritage Site (BHS) under the BD Act, The Tribunal during the course of its hearing had found that there were no criteria in place for identification of a site and its notification as a BHS and thereby had ordered that there won t be allowed any kind of developmental activity (including mining) in the Keoti Village.

8 This was followed by a documentary on the initiatives taken by the BMC Piprai (Piprai Village, Morena district) in support of their TSG, SujagritiSamajSeviSanstha, Morena. The PBR prepared by the BMC with the technical support received from the NGO, revealed that 800 hectares of cultivable land is being transformed into ravines leading landlessness among the local farmers. In order to address the issues of loss of lands and livelihood to ravines, a multi-pronged approach was adopted by the BMC Piprai and their Technical Support Group, SujagritiSamajSeviSanstha (SSSS) by the following means: (1) Improvement of soil strength by re-introducing the thorny shrub (Commiphorawightii) Guggal. The PBR also revealed that gradually Guggal is being pushed towards extinction. The plant is known for the medicinal use of its resin. The resin of Guggul plants has wide application in the treatment of numerous physical disorders and diseases like inflammation, obesity, cardiovascular disease, fracture of bones and lipid disorders. Thus the plantation and conservation of Guggul protect the ravines from expanding further, while simultaneously improving livelihood opportunities for the local population. (2) Construction of Dorbandi and Check dams resulting in conservation of land from ravine formation and increase in recharge of wells with attendant augmentation of agricultural production and effective management of water resource. Besides, natural occurring Guggal plants in 70 hectare of ravines have been conserved in-situ and in addition, the BMC had systematically planted 10,000 Guggal plants. The BMC has also levies fees on companies such as Dabur that commercially utilise the resin of the Guggal plant for commercial purposes. Two other examples were shown from the state of Madhya Pradesh from Seoni and Satna district. In the Jhalagondi Gram Panchayat, Seoni district, the farmers are undertaking organic cultivation of the landraces of rice wherein the final output is procured by the BMC and then sold in the Bhopal Haat. For example, Jeerashankar rice variety has been priced at Rs. 65 per kg, out of which Rs. 55 goes to the farmer and Rs. 5 to the BMC. The MadhyPradesh State Biodiversity Board (MP SBB) is providing the financial assistance in this project by way of providing material/set up for organic manure. This project not only ensures conservation of agricultural biodiversity but also ensures growth of the local biodiversity fund. The MP SBB has also financed the Community Seed Bank in the Pithorabad village in Satna district. The seed bank has samples of more than 70 varieties of landraces of rice. In order to ensure in-situ conservation of traditional agri-biodiversity, 110 varieties of traditional rice varieties of paddy are grown in small plots.

9 From Kerala, the example of conservation of Sasthamkotta Lake (a Ramsar Site and the largest freshwater body in Kerala) by a Joint BMC was presented. A joint BMC was formed out of 3 village panchayats in Sasthamkotta Block: Sasthamkotta, West Kallada and Mynagapally owing to lake s geographical location in these villages. The Block level BMC has been acting as an environmental watch group in the locality and had raised its voice against excessive withdrawal of water by the Kerala Water Authority (KWA). The BMC president in May 2015 had written to the managing director of KWA highlighting the need to impose curbs on the unscientific exploitation of water which was resulting in drying of the lake thereby affecting the groundwater level in the neighbouring areas. Further, an example was given from the state of Arunachal Pradesh where BMC Sangti (Sangti Village, West Kameng district, Arunachal Pradesh) which had developed strict rules for their territorial jurisdiction. The notice board put up by the BMC laid the following rules: (1) Prohibition within the jurisdiction of the Sangti Village: (a) Hunting of wild animals; (b) Use of chemicals, explosives and electrocution for fishing and (c) Unauthorised extraction of natural resources such as timber, NTFP, etc. (2) Violators will be prosecuted and penalised under the Wildlife Protection Act, 1972 or as per regulatory norms of Biodiversity Management Committee (BMC) or village.

10 Discussion with the Community The programme concluded with a few BMC sharing their experiences and suggestions with respect to activities that a BMC can take up.the discussion began with the President of the BMC Jhalagondi (Jhalagondi Gram Panchayat, Kurai Block) sharing details of the project from the MP SBB for organic cultivation of tradition varieties of rice and the progress made by them on the same. Project details from BMC Jhalagondi This was followed by the case from BMC Pipariya. The MP SBB is in talks with Dabur Limited for a possible contract farming arrangement between the company and the farmers of the Pipariya village. Dabur Limited uses the roots of the plant Stereopermumsuaveolens(local name: Padar) for its ayurvedic products. However, over time the medicinal plant species has become extinct from the forests. In order to reduce pressure from the forest, ensure a continuous supply of raw material to the company and a better income to the farmers, the contract arrangement is being planned. As a first step, BMC Pipariyaundertook plantation of 10,000 Padar plants. After their growth, 1000 plants will be distributed to 10 farmers each who will later cultivate them on their fields. This will be followed by training from the Dabur officials with respect to procedure/timing of the harvest. The BMC had undertaken a practical for plantation of the plants using the seeds of the plant. However, only 25% showed any signs of growth, whereas the practical done by using the stems of the plant showed higher signs of growth (close to 80%). However, given the recent hailstorm in Madhya Pradesh which damaged the plants, the BMC has decided to undertake plantation.apart from these examples

11 there were examples from BMC Mandwa and BMC Manori. BMC Mandwahad written to the Board for financial support for a Buchananialanzan (local name: Chrionji) processing plant for efficient decortication of the plant. The present machine used by the villagers for separating the hull from the kernel, results in only 60% of whole kernels and the rest in broken forms which are sold at lower prices. BMC Manori had written to the Board for a project based funding for taking organic cultivation of traditional varieties of maize and its subsequent linkage with the market. However, given their request, both these BMCs had not received any update from the Board.

12

13 Annexure 1: Participants

14

15

16 Annexure 2: Programme SwatantraYuva Shakti Sangathan (SYSS) Training Workshop on the Biological Diversity Act, 2002 Date: 28th April 2018 Venue: Community Hall, Mandwa Gram Panchayat Tehsil Chhapara, Seoni, Madhya Pradesh Programme Schedule 11:00am-11:15am Welcome Address Participants and Introduction 11:15pm-11:30pm Introduction to the Workshop Rajesh Thembre, President SYSS 11:30pm-12:15pm Mr. Saurabh Sharma Advocate, LIFE 12:15pm-12:30pm 12:30pm-13:15pm Important Provisions of The BD Act, 2002 on BMCs, PBRs and Access and Benefit Sharing (ABS) Tea Break Case Studies of BMCs 13:15pm-14:00pm Discussion with the Community Lunch of the Rajesh Thembre, President SYSS Ms. MridhuTandon Researcher, LIFE

17 The Training Report is published by Legal Initiative for Forest and Environment (LIFE). Authors: Pushp Jain and MridhuTandon N-71 LGF Greater Kailash,