Access and Benefit Sharing from the Indigenous Peoples’ Perspective…(C.R. Bijoy)

Author

C.R. Bijoy

Keywords

Access and benefit sharing, adivasi, biodiversity, bio-prospecting, forests, governance, indigenous peoples, intellectual property rights, Kani

Abstract

The ethno-botanical knowledge of the Kani people related to a plant identified as ‘arogyapacha’ was utilised to develop, transfer, produce and internationally market ‘Jeevani’ as an anti-fatigue, adaptogenic and immuno-enhancing formula by the Tropical Botanical Garden Research Institute, India. Showcased and acclaimed internationally as a model benefit-sharing arrangement, various issues have been posed upon deeper analysis relevant to benefits accrued in the context of indigenous peoples with regards to genetic resources associated to traditional knowledge. This model is also placed in the specific context of the non-implementation of the laws on land rights in Kerala and absence of even such a law in Tamil Nadu, and the violations of rights of Kanis to forests as stipulated in the forest laws and the denial of the rights to self-governance under the Constitution to Scheduled Tribes by these two states. The new national legal regimes in compliance with Convention on Biodiversity and TRIPS, rather than recognising the rights of Adivasis or Indigenous Peoples, further infringes their rights accorded in the limited international laws related to territorial rights, rights to resources and self-governance/self-determination.

Citation

(2007) 3(1) Law, Environment and Development Journal 1

Paper

Access and Benefit Sharing from the Indigenous Peoples’ Perspective: The TBGRI-Kani ‘Model’

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