Towards Sustainability: Stories from India 20 6 Keepers of the Knowledge Towards evolving a framework for benefit sharing In December 1987, a team of scientists belonging to the All India Coordinated Research Project on Ethnobiology formed a part of a botanical expedition into the forests of the Western Ghats of southern Kerala. Accompanying them as guides were some Kanis, members of a local tribe. The team had to undertake hard treks, and during one such trek, the scientists noticed the tribals eating certain fruits which kept them energetic and agile. When the exhausted scientists were also offered the fruit, they felt an immediate increase   in energy and strength. The scientist were eager to find out more about the fruit, but the accompanying Kanis were reluctant to give them any information, saying it was a sacred tribal secret, not to be revealed to outsiders. It took a lot of persuasion on the part of the scientists to convince the guides to part with their secret. Plant specimens were collected to carry out investigations into the medicinal properties.  Initial investigations revealed the presence of certain glycolipids and non- steroidal compounds which possessed anti-stress, anti-hepatotoxic, immuno-restorative and anti- fatigue properties— revealing much greater potential than what the plant was being used for till then. The last phase of the research was shifted to the Tropical Botanic Garden Research Institute (TBGRI), Thiruvanthapuram, Kerala. It was at TBGRI that the drug Jeevani (life-giving) was formulated, using this and three other medicinal plants as the ingredients. The license for the manufacture of the drug was given to a private company, Arya Vaidya Pharmacy (AVP) Ltd., for a period of seven years. Several stakeholders contributed to the process that enabled this formulation to reach a larger section of society. The most significant contribution was of course that of the Kanis. The Kani tribals, who now lead a primarily settled life in the forests of the Agasthyamalai hills of the Western Ghats in Thiruvananthapuram district of Kerala, were traditionally a nomadic community. There are many groups of Kanis who live in different areas surrounding Thiruvanthapuram. There are some identified members called Plathis who have knowledge of the flora and fauna of the region and their medicinal properties. This knowledge is traditionally passed on from one generation to another, mostly through the oral tradition. The second crucial actor in the process has been TBGRI. This is an autonomous institution set up by the government of Kerala for research and development. It has the largest botanical garden in Asia, harbouring a wide collection of tropical plant species. One of the Institute’s major aims is to carry out botanical, chemical and pharmacological research for The Stakeholders

Multistakeholder Involvement in Environmental Management 21 the development of scientifically validated and standardized herbal drugs. TBGRI worked for seven to eight years to carry out all the investigations, as well as toxicity tests and clinical trials to complete the formulation of Jeevani. Subsequently, the Institute obtained a patent for the process of making the drug. The third stakeholder was the Arya Vaidya Pharmacy, a private limited company based in Coimbatore city, which has been involved in manufacturing of Ayurvedic drugs since 1948. The right to manufacture Jeevani was given to the company for seven years in 1995, at a license fee of   Rs.One million ($ 25,000), by a committee constituted at TBGRI for authorizing a party interested in manufacturing the drug. In a unique and first-ever benefit-sharing arrangement of its type in India, a resolution was passed by TBGRI declaring that the Kani tribals would receive a share of 50 per cent of the license fee, as well as 50 per cent of the royalties obtained by TBGRI on the sale of the drug. At this point of time, there was no defined structure or policy for benefit sharing between originator communities and other bodies involved in use of traditional community knowledge. The idea of sharing the license fee and royalties was developed by TBGRI in the spirit of recognizing the contribution of Kanis, rather than through any legal compulsion to enter into such a benefit-sharing arrangement. Once the license was provided to AVP, a regular supply of essential raw material—the leaves of the plant—was required. Scientific studies had revealed that the medicinal properties of the plant are best manifested in plants growing in the natural habitat. TBGRI suggested that as only leaves of the plant are needed, several harvests could be made from the perennial plant without actually destroying it. This was not only a sustainable use of the natural resource, but the sale of leaves would also give the Kanis an extra source of income. To facilitate this arrangement, during the period of 1994-96, a pilot scheme for cultivation of the plant was carried out with support from the Integrated Tribal Development Programme (ITDP) in areas surrounding the reserved forests. Under this programme, which was an initiative of the Directorate of Tribal Welfare, government of Kerela, fifty families were given around Rs. 2000 ($40) each for cultivating the plant. TBGRI was to buy these leaves from the families and supply them to AVP for production of Jeevani. By this arrangement, further cultivation of the plant could not take place as the plant was The Arrangement Concerns and Issues Getting the raw material Biological Diversity Bill 2000 A national Biodiversity Bill for the conservation of biodiversity is under consideration. The Bill proposed by the Government of India envisages setting up of a National Biodiversity Authority (NBA) to regulate the movement of bio- resources in the country. The Bill not only includes a framework for protecting traditional knowledge, but also provides mechanisms by which important bioresources and related traditional knowledge can be utilized sustainably, with fair benefits for the communities. Some important features included in the Bill: 1. The NBA will have the power to grant approval to any person who intends to obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilization. It can also permit transfer of such resources or knowledge. 2. A provision for setting up Biodiversity Funds at Central, State and Local levels. The monetary benefits, fees and royalties as a result of approvals by NBA are to be deposited in a National Biodiversity Fund, which is to be used for conservation and development of areas from where resources have been accessed. In cases where biological resources and knowledge are accessed from specific individuals or group of individuals, the monetary benefits will be directly made to the providers.

Towards Sustainability: Stories from India 22 not among the Forest Department’s notified list of minor forest produce. The Forest Department also feared that commercial interests could pressurize the Kanis towards indiscriminate exploitation of the plant from the forests, as cases of smuggling of the plants had already begun to surface. The AVP was now faced with a situation where they had a potentially good commercial drug but a largely insufficient supply of raw material. Therefore, in October 1997, it proposed to the Kerala Forest Department (FD) and Tribal Welfare Department that it was willing to pay Kanis some seed money for cultivation of the plant, and would subsequently buy leaves harvested from these plants. They proposed to buy five tonnes of leaves per month. Through this scheme, at least 500 to 1,000 Kanis would get gainful employment. Furthermore, no private parties would be involved in the cultivation. The FD initially rejected the offer stating that the plant was endemic, but a recent report indicates that FD has now consented to consider the plant in its list of minor forest produce and make arrangements so that AVP can buy the leaves directly from Kanis. There are a number of Kani groups living around Thiruvanthapuram. The knowledge about the plant’s medicinal properties was one that was known to, and belonged to, the entire community. The benefit-sharing arrangement by TBGRI was however made with only one Kani tribal group—the one to which the two guides who had given the information about the plant belonged. Other Kani groups protested against this. As a result, disbursement of money could not take place for some years. Other concerns about the arrangement have been raised at different stages by various governmental and non–governmental institutions and individuals. KIRTADS (Kerela Institute for Research, Training and Development of Scheduled Castes and Scheduled Tribes) has been one of the key players which has questioned the entire arrangement as inequitable and an unethical appropriation of community knowledge for commercial interest. There are also opinions that the whole deal has been undervalued. The issue of not considering all the Kani settlements for benefit- sharing, and not consulting the plathis at any stage of the drug investigation or formulation, have also been raised. TBGRI on its part, at that time, was functioning in a legal and policy vacuum in these aspects. To address some of these issues, a number of Kanis got together in November 1997, and with the assistance of TBGRI, registered a trust called the Kerala Kani Samudaya Kshema Trust, comprising nine tribal group members. The objectives of this trust include promotion of welfare and development activities for the Kanis, preparation of biodiversity registers to Benefit sharing among scattered Kani settlements Biodiversity Registers One of the clauses in the Convention on Biological Diversity lays down that where utilization of the knowledge, innovations and practices of local and indigenous communities leads to benefits, such benefits should be equitably shared with the holders of such knowledge, innovations and practices. Documentation of this knowledge becomes important, as this will not only serve as evidence for the rightful claim of the originator community for benefits arising out of that knowledge, but also prevent the knowledge from getting lost over time. One method that is being used to document the knowledge and skills of local communities related to biological resources is through Community Biodiversity Registers, The register process seeks to document the knowledge of conservation, as well as economic uses of biodiversity resources that rest with India’s local communities. This is sought to be developed by local communities in collaboration with high school and college students, and local NGOs. All information accumulated in the register can be used or shared only with the knowledge and consent of the local community. The community, when consenting to the access, can charge fees for access to the register and collection of biological resources. Decisions on how to disburse the funds are to be made through village community meetings. One concern about the Biodiversity Registers is that the process may have the effect of placing knowledge hitherto regarded as secret by communities, in the public domain, and that once this is done it would open the way for corporate and research interests to freely access and use the local knowledge about the biodiversity resources.

Multistakeholder Involvement in Environmental Management 23 document the Kani knowledge base, and evolving and supporting methods to promote the sustainable use and conservation of biological resources. The two Kanis who gave the initial information about the plant to TBGRI are now the President and Vice-President of the Trust. While not all Kani groups have joined the Trust, many have. The TBGRI believes that the formation of the Trust will encourage greater involvement from the Kanis in the benefit–sharing arrangement. In March 1999, a cheque for about Rs. 604,000 ($12,070) (50 per cent of the license fee and the royalty accrued up to that time) was handed over to the Trust, marking the beginning of benefits to be accrued from sharing knowledge and resources. The Kani-TBGRI agreement was a pioneering benefit- sharing experiment in India. The arrangement has had considerable impact on discussions on the issues, as well as on the direction that the law and policy need to take in this regard. A Partnership to Protect Biodiversity Sikkim, a unique biodiversity-rich area in India, is situated at the foothills of Khangchendzonga, the third highest mountain in the world. Located amidst the magnificence of the mountain peaks, lush valleys, hills and fast flowing rivers, Sikkim is a dream holiday destination. Tourism is rapidly increasing here, with approximately 100,000 domestic and 8,000 international tourists visiting the state every year. Tourism has also become an important economic activity for the local people. But the increase in the tourist traffic has also brought along problems to the area’s biodiversity due to road construction, over- collection of forest produce and fuelwood collection. To correct the negative effects of tourism and to provide benefits to the local community, the Sikkim Biodiversity and Ecotourism Project was launched in 1995. The project with a time period of four years aimed to support the development of viable enterprises which could provide sustained economic incentives and support for the local communities. The project was multi-stakeholder in the true sense. The project collaborators were the G.B. Pant Institute of Himalayan Environment and Development (GBPIHED), Uttaranchal, The Mountain Institute (TMI), Nepal, Travel Agents Association of Sikkim (TAAS), and local organizations and communities. The government of Sikkim played a key role at various stages of project implementation. The focus of the project activity was the Khangchendzonga National Park and the communities residing in areas surrounding the protected areas of west Sikkim. In the second year itself, the project took major strides in training for income generation, capacity building for conservation, biological monitoring and promoting policy dialogue, in conservation and ecotourism development. Training was conducted by the project partners and project staff for over 200 lodge owners, naturalists and trekking guides, trek cooks, vegetable growers and porters. Also, as a result of the project, the Khangchendzonga Conservation Committee (KCC) was formed at Yuksam. For the first time, the project provided a plaform to capacity-build local and state level organizations, and form linkages between tourism development and conservation. The Sikkim Biodiversity and Ecotourism Project has shown that collaborative and participatory frameworks, and partnership between public and private sectors, as well as local communities, can produce results that contribute to conserving globally significant biodiversity assets. Atharva Veda (c 1200 B.C.) O Mother Earth! Sacred are the hills, snowing mountains, and deep forests, be kind to us and bestow upon us happiness. May you continue supporting people  of all races and nations