Nilgiris Biosphere Reserve - Equitable Tourism Options

and foreign firms could be ruled as violating market access commitments
[Article XVI1 of the particular countries under the GATS. The market access
commitments clearly state that if you have made unlimited commitments you
cannot limit the number of service providers. The only option is to hope that
the MNC's have the good sense to realise that this will be unpopular with
environmentalists and back off unilaterally. Laws can't throw them out.
Conservation also implies that local people participate, but imposing
requirements on foreign firms to train and hire local people could fall foul of
the national treatment rules [Article XVII1 of the GATS.
Article 1 [31 of the legal text of the GATS which talks of the scope of the GATS
agreement mentions that in " fulfilling its obligation and commitments, each
member shall take such reasonable measures as maybe available to it to
ensure their observance by regional and local governments and authorities
and non governmental bodies within its territory". This clearly implies that the
GATS agreement has precedence if it comes into conflict with national,
regional and local priorities. It clearly applies to all levels of government,
central, regional or local governments and authorities. This also makes it
clear that the government would be compelled to change the national laws in
accordance to the commitments made.
Potential conflicts:
• No restrictions on tourism development through national
environmental laws
• Free trade principles: conflicts with CBO principles sustainability,
local involvement, benefit sharing etc.
2.10 Panchayats and Tourism Development
The role of Panchayati Raj Institutions
While seeking means to sustainable tourism development through
conservation of biodiversity it could be observed that majority of tourism
requirements rely on powers vested with the PRls. The Panchayats are
empowered to safeguard and preserve the traditions, customs and cultural
identity of the people, community resources and settling local disputes
through customary methods. The Gram Sabha under the extended act is to
approve plans, programmes and projects meant for social and economic
development of the Village Panchayat prior to its implementation by
Panchayats at the village level.
NiJagiris : Fading Glory 62