Copy of bcp 18112011 English - Natural Justice

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The biocultural community protocol of maldharis of banni8. PRIOR INFORMED CONSENT AND BENEFIT SHARING:15We collectively own our animal geneticresources and the associated traditionalknowledge relating to breeding and ethnoveterinarypractices. We have a distinct andrecognizable culture that is linked Banni andour animals and we, therefore, ask to beinvolved all decisions that the governmentmakes concerning Banni or our livestock.We request that our Banni PanchayatParishad and the Banni Pashu UccherakMaldhari Sangathan be consulted and theirfree and prior informed consent is takenwhenever decisions are made by externalparties that may affect our livelihoods orrelate to the access and use of our breeds andassociated traditional knowledge. We also askthe government to take into account our viewsregarding breeding policies for this region.When researchers or commercial interests seekaccess to our animal genetic resources and /orassociated traditional knowledge we wish to beconsulted, provided with all relevantinformation and permitted time in which tomake an informed decision. In the cases that wedo grant access to our animal genetic resourcesor associated traditional knowledge, we havethe right to negotiate a benefit sharingagreement based on mutually agreed terms.9. OUR CHALLENGES:Maldhari way of life is currently facing significant challenges- we believe that any threat to theMaldharis is also a threat to Banni grassland that we have conserved for centuries and to the uniquebreeds that we have developed. Our challenges include:9.1 Threats to our settlement and usufruct rights in the BanniWe have, for generations, led a semi settled in Banni as we have done for centuries. Whenlifestyle and lived in hamlets in Banni. We do Banni grasslands were declared a protectednot hold any land titles for our houses but we forest in 1955 our existing settlement rightshave been paying a house tax. Our hamlets should have been formally recognized and theyhave government infrastructure including were not. Currently there is a confusionpanchayat office, schools, water tanks, regarding the status of Banni, which continuespipelines and roads, though we have no land to be under the administrative control of thetitles. The recent division of Banni into 19 Revenue Department like it was prior to 1955,panchayats was undertaken without the even though it is classified as a protected forestdemarcation of village boundaries. We feel under the formal jurisdiction of the Forestinsecure about our rights to continue to live Department.9.2 Threats to Banni commonsWe are concerned about the insecurity thatstems from a lack of title deeds to ourhouses and the consequent inability to usethese title deeds as guarantees for loans orbail. We feel that this insecurity will lead tosome community members demanding thatBanni be divided into private land holdings thateach land holder can use or sell as he deems fit.This would lead to the destruction of anecologically sustainable way of life that wehave practiced for centuries and will result in abreakdown of the mutual trust and sharing
The biocultural community protocol of maldharis of banni16between Maldhari communities. In stressfultimes such as this, our elders have issued a callto the community members and thegovernment, saying 'Banni ko Banni rahenedo' meaning leave Banni as it was, as a commonland for pastoralists and their animals andrecognize our customary rights to live and grazeour animals in Banni.9.3 Threats from invasive alien speciesWe are anxious about the increasing spreadof the invasive alien species ProsopisJuliflorathat is rapidly taking over the grassland anddestroying all the grasses. Prosopis Juliflorawas introduced by the Forest Departmentwithout consulting Maldharis as a part oftheir greening campaign. Instead of greeningBanni, this exotic plant has destroyed thegrasses by sucking up all the water, killed ourKankrej cattle, which graze on its toxic pods,and has taken over vast sections of Banniradically unbalancing the grasslandecosystem. The indigenous variety of thesame species that we call 'desi babul' andother indigenous shrubs and plant speciesare being slowly lost due to the onslaught ofProsopis Juliflora. Four years ago we werepermitted by the Forest Department to cutdown Prosopis Juliflora and use it to makeand sell charcoal as a part of a strategy to limit itsspread. Last year, the permission was deniedand instead the Forest Department is fencing offlarge sections of Banni, most of the timeswithout consulting Panchayats and itsrepresentatives, in an attempt to eliminateProsopis Juliflora and replant the traditionalgrasses. These fences have blocked ourtraditional grazing routes and we have lost someof our buffalos, which have fallen into the deeppits that have been dug around the fences. Atthe same time we have created our own grazingpatches where we have revived the rich Bannigrasses by eliminating Prosopis Juliflora. Wewould rather demand that the ForestDepartment rely on the traditional knowledgeand experience of Maldharis to revive Banniinstead of fencing off portions of it to solve aproblem that they have created.
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