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VOL. 03, NO. 02, June 16, 2009 (Ashadh 02 2066)
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Indigenous Knowledge: Old Practice in New Horizon
By Kamal Maden
Introduction: Indigenous Knowledge (IK) is the knowledge produced by a particular cultural group or any loosely defined resource users group in a given area. It is a body of historically constituted (emic) knowledge instrumental in the long-term adaptation of human groups to the biophysical environment. In contrast to paid knowledge professionals such as scientists, IK is the informally practice skill by working directly with the resources. Moreover, such knowledge is rooted and embedded in the socio-economically underprivileged groups of rural area of the Third World societies. Nowadays, IK is recognized worldwide because of its intrinsic as well as potential instrumental value to science and conservation.
IK is also often referred as Traditional Knowledge (TK) which “encompasses the content or substance of traditional know-how, innovations, information, practices, skills and learning of TK systems such as traditional agricultural, environmental or medicinal knowledge.” Such knowledge which is also considered as Cultural identity, generally develop through local culture and environmental experience so it plays an important role in the livelihood of the majority people globally. IK is important for the food security and health of millions of peoples in the developing and developed countries. So, such knowledge of the Indigenous Peoples (IPs) or ethnic people must be honored like knowledge developed via research studies.
Stylish Fact of Nepal: Nepal is a Himalaya Kingdom, with biologically diversified ecosystems that produce a wide range of unique and valuable medicinal plants. Indigenous Nationalities of Nepal have been using these resources since the time immemorial. The researches have found that around 1,600 plant species have been used for the treatments of diverse ailments and that Kirat Nationalities alone use about 4 hundred medicinal plant species for treatment. Government of Nepal is cognizant to preservation of county’s bio- diversity so Nepal is a signatory of Convention of Biological Diversity (CBD) in 1992. Similarly, Ministry of Forest and Soil Conservation is the national focal point to administer the convention. The CBD commands its party members for enactment of the national act on Indigenous Knowledge and associated biological resources to preserve the IK and share the benefit of genetic resources on Fair and Equitable Sharing basis. So Nepal should also follow this notion.
In this regard, Kamal Maden and the team carried out research on IK of Kirat, the ancient natives of Nepal. The study was conducted between the Kirat clans - Rai, Yakha and Limbu –of Bhojpur, Sankhuwasabha and Taplejung districts. This research was first of its kind and was based on Fair and Equitable Benefit Sharing Issue. The objectives of the research were to: i) Explore the existing indigenous knowledge, skills and practices of Kirat nationalities associated with biological resources; ii) Document the indigenous knowledge, practices and skills of Kirat nationalities; and iii) Recommend for reorganization and documentation of Kirat’s indigenous knowledge, skills and practices associated with biological resources. This article will highlight some important finding of this research
Research Findings: Kirats of the surveyed districts are found to use 212 types of plant and animal species for the treatment of 18 different types of ailments, namely: gastric, injuries, jaundice, parasites, pneumonia, fractured and skin problems, and others. In plant species, fruit, leaves and root are the most used part for medical treatment Likewise, 130 wild plant species are used for edible fruit, curry, species and other various livelihood purposes.
In order to protect the IK of Kirats and the others, the CBD provides a legal framework for conservation and sustainable use of the genetic resources. The Article 8 (j) of the CBD assures on the equitable sharing of benefits resulting from the use of IK or local knowledge. Likewise, Article 5(1) of the draft bill 2006 states that the authority of traditional knowledge would remain with particular local communities and Article 5(2) prioritize the indigenous people on resource conservation and benefit sharing of genetic resources on the basis of the traditional knowledge persists in indigenous peoples. Likewise, Ministry of Forest & Soil Conservation and World Conservation Union (IUCN Nepal) prepared an inventory list in the report titled “To Protect Biodiversity and Indigenous Rights through Documentation and Registration of Traditional Knowledge” on the basis of 2002’s draft bill on Access to Genetic Resources and Benefit Sharing. However, Nepal Federation of Indigenous Nationalities (NEFIN) strongly criticized the IK documentation and registration process as well as the draft bill (2002) as being incomplete. NEFIN was also not consulted during all these processs. Nevertheless, the formulation of the draft bill was a pioneering effort of the government for protecting indigenous knowledge as it initiated to identify and document the IK or TK by involving various indigenous nationalities or ethnic groups. But there are less benefit form the above mentioned pioneering work of Ministry and IUCN because the draft bill is not approved by parliament which consequently makes this work of no use.
The article 27 of the draft bill has the provision to form a Council at the central level which will register the documented biological resources and associated IK and also deal with the royalties. The draft bill has made following provision in term of right to use generated fund
If the resource owner is Nepal government then: 50 percent will be allocated to Nepal Government; 30 percent will be allocated to National Council; and 20 percent will be allocated to local community, individual or institute
If the resource owner is a local community, individual or institute then: 51 percent will be to local community, individual or institute; 29 percent will be allocated to National Council; 20 percent will be allocated to Nepal Government
IK is generally transferred orally between generations as there is no proper documentation of IK. So, many of such knowledge are in the stage of extinct and many have already died. Further, Biodiversity Registration (BR) is also essential to conserve those IK as it will assure the benefit to knowledge holder/ owners via royalties.
Further, Government has also enacted Patent Design and Trademark Act, 1965 (with further amendment) to systematized the use and sell of invention’s right or title as per international conventions, treaties and agreements. However, the provisions of this act are not in accordance to international standard.
Conclusions: The review of literatures reveals that there are many policy level gaps to maintain the proper documentation of IK, skills and practices. Nepal has incorporated some policies in its national plans following the ratification of the CBD but the corresponding laws still remain to be enacted. Nepal does not have laws on Access to Genetic Resources and Benefit Sharing which assure indigenous peoples’ right to the knowledge, skills and practices in essence of globalization approach of World Trade Organization. It is also important to note here that Nepal is member of World Trade Organization.
Recommendations: Summing up finding and conclusion, the study recommend that there is urgent need to update and revise the national policies, plans and laws in order to ensure that all potential stakeholders are involved in the documentation of indigenous knowledge, skills and practices. The study has made some specific recommendation to specific groups and institutions:
Indigenous Peoples and Indigenous Organizations: It is certain that IK and IK-related biological resources cannot be preserved without the involvement of indigenous peoples and their organizations. But, Indigenous people neglect the conservation of the knowledge and the biological resources so they should be aware on the importance of IK skill and practices. Indigenous peoples and their organizations should be aware about the benefit sharing issues for which they should be technically equipped so that they can properly review the proposals of new policies and law. They should also be involved in awareness programs on sustainable use of biological resources associated with IK.
Other organizations: In the spirit of CBD provision which got legitimized 16 years ago, the issue of benefit sharing has not been fully understood by different levels of stakeholders. International non-government organizations (INGOs) need to launch awareness programs about IK, skills and practices for different stakeholders and this should begin with capacity building programs for Biodiversity Registration. INGOs can also play the important role of facilitator between government agencies and indigenous organizations in order to enact appropriate laws and ensure their proper implementation. They can also advocate for such laws and policies to convince the government.
Government of Nepal: The existing policy and legal environment is inadequate to document or protect IK, skills and practices associated with the biological resources. Specifically, government needs to enact and properly implement the Access to Genetic Resources Act. The Article 35 (18) of Interim Constitution also support this recommendation which states that the state shall follow a special policy of identifying and protecting, existing skills and practices. Likewise, government needs to enact the Genetic Resources via. Approach, Utility and Benefit Sharing Bill 2006. As mentioned in the Three Year Interim Plan of Nepal, the government should launch Biological Resource programs covering all indigenous nationalities. Finally, the government should establish an independent organization or academy for the development and benefit sharing of IK, skills and practices.
Finally, the study concludes that all three institution groups should collaboratively work for fruitful outcome to conserve indigenous peoples and their IK, skills and practices.
(The article is based on the research study supported by Social Inclusion Research Fund)
Mr. Maden is a Research Fellow of Social Inclusion Research Fund for 2006.
Social Exclusion and Inclusion Practices of Nepal
By Mohan Das Manandhar, Rojan Bajracharya
Nepal is a culturally and ethnically mixed and geographically diverse country. The social scientists argue that there are more than hundreds caste and ethnic groups in the country and allied language dialects. However, Nepal has always remained in the hegemony of specific caste and ethnic group since ancient past nurturing the social exclusion practices in the country’s cultural, social, politico structure. The country’s state institution has been structured and maintained by (i) systematically dispensing various mixes of economic and cultural assets/opportunities and deprivations to different communities and (ii) endowing religious and ideological sanctification of such dispensations.
Starting with the centuries old history, the ancient Malla ruler of Nepal legitimized Hindu based caste hierarchy system with enactment of then country code (Muluki Ain) in which Brahmin (Priest) and Chettri (Warriors) were ranked highest in level followed by Baishay (Trader, Farmers and Other Skilled and Unskilled worker) and Sudra/ Dalits (Untouchables and Menial and Slump Worker). The Saha dynasty of unified Nepal as well as de facto kingship era of Rana regime also adopted same caste hierarchy system in their respective enacted Muluki Ain which concretizeed the caste hierarch system focusing more on Hill Brahmin’s code of conduct. Specifically, elitism of Brahmin (specifically Hill Brahmin) and Chhettri flourished in Nepal in these eras as a product of social, religious and political phenomena. Hinduism ordained two castes group with superior status - Brahmin with ecclesiastic leverage and Chhettri with martial authority which was also cornerstone of socio- politico structure of Nepal encapsulating the diverse people into a monolithic structure. Those who usurped power constituted the feudal aristocracy. The "high" caste groups are more individualistic and find it difficult to develop interpersonal relations with other members of organizations. Likewise, the bureaucracy has remnants of a feudal culture, which has also later passed on to private enterprises. This results social exclusion of last two caste groups, namely: Baishay and Sudra.
Famous Social Scientist, Dr. Harka Gurung argued in his several articles that Brahmins and Chhetris, the most privileged among all caste and ethnic communities of Nepal, have remained in positions of power since the ancient past and used such privilege to shape the social value system which consequently diverts the available opportunities and resources in favor of their own communities. This type of perception is the metaphor of what has been commonly termed as hegemony. Janjanti (Indigenous Populace) of Nepal whom fall under Baishay caste category doesn’t have the privilege of state ownership and politico decision due to cultural hegemony of Brahmin/ Chhettri. Further, their traditional knowledge and skill which differ significantly from Brahmin/ Chhetri have been pushed into the verge of extinct. Dalits, regarded as untouchable, are ranked lowest in caste group so they are suppressed from all side. The extent of social discriminatory practices against Dalits prevailed in the country are: Tthe water touch by Dalits becomes impure and high castes need to spread Gold water after personal contact with Dalits.
Prior to 2007 BS, the country was under feudal structure which favored the prevailed social exclusionary practices so there was almost negligible measures against such practices. The 2007’s BS democratic state structure was the first set- up against centuries old feudal structure of Nepal. But, then state transformation was unstable and did not sustain for long period as the late King Mahendra legitimized the Party Less Panchayat System in 2017 which again was the revised form of old feudal structure. Late King Mahendra enacted new Muluki Ain which provisioned discrimination as illegal. But such provision was in Status Quo stage in term as the country had influence of the centuries old feudal state structure. So there wasn’t any major state restructuring in Nepal during then time. The 1990’s restoration of democracy had changed the legal status of ethnic groups in relation to high caste groups, but still failed to integrate all. So in 1990’s, the exclusionary practices of Nepal gave birth to social inclusion as a political agenda which was substantially brought forth by the armed conflict started in 1996, taking the lives of more than thirteen thousand people, both from the State and the Communist Party of Nepal – Maoist (CPN-M). After the peace talks between the conflicting parties and the signing of a comprehensive peace agreement (CPA) in 2006, an interim government consisting of six political parties and the Maoist was formed in 2006. In April 10 2008, the interim government (GoN) successfully conducted constitution assembly election. In addition to the direct first past the post system to elect members of the constituent assembly, a proportional representation system was also introduced to ensure the inclusion of representatives from excluded groups in the assembly.
Regarding social inclusion/ exclusion discourse of Nepal, Dr. Harka Gurung argued that the political ideology of Nepal as a Hindu state has remained highly exclusionary by nature. The state advocacy of particular religion militates against equality in participating in one’s faith. Further, he added that Hindu dominated social system of Nepal favors Sanskrit and Nepali language so there is extent discrimination in the languages of minority groups and some of which have even died. The western concept of “Race” discrimination against color exists in the form of Janajati (Indigenous) and untouchable Dalit in Hindu society of Nepal. Likewise, Dr. Pusha Shrestha, former member of National Planning Commission, has argued on the discriminatory practices against woman in Nepal in her several articles. She has explained that the prevailed gender disparity practices of Nepal are in: Family Structure, Female Assets Ownership; Female’s Political and Civil Participation, and Discriminatory Law against Female. Further, the religious minority communities like Muslim and Other Backward Caste lags in term of state ownership and overall uplifment
In term of spatial distribution, the country has three ecological belts of which: Mountain has high range peaks and cold climate; Hill has steep slops and temperate climate; and Terai has plain land and hot climate. The extreme harsh climate of mountain causes limited infrastructure development in this belt. Whereas, the original residence of Terai – Tharu and Madhesi- has limited access to resources as the elite class of Hill dominate the state ownership and political power. Further, the country has also been divided into 5 development region namely- Eastern, Central, Western, Mid Western and Far Western –and the last two of them lag in term of the overall development process.
So, there is an urging need for Nepal to exhibit its commitment to setup a multi-cultural, multi-social, multi-linguistic, multi-religious, and multi-ethnic federal state. The current state restructuring process of the country which also includes constitutional building process should consider the state’s diversity and its people. Historically, the country had suffered from social exclusion since the spatial diversity and political ideology of Nepal as a Hindu state managed by monarchy contributed high level of social inequality in Nepal. Nepali citizens were excluded from exercising their rights on the basis of their social identity in terms of caste, ethnicity, race and gender.
Finally, the discourse of social exclusion can be summed up in Dr. Harkha Gurung’s word that "State advocacy of Hindu religion relegates the Janajati, ethnics, Dalits and other non-Hindus as peripheral subjects. Caste system perpetuates untouchables that inhibit the right to equality of Dalit..... In addition, there is the Madhesi community being discriminated on regional and racial basis." As the socio – politico discourses has brought Nepal to the stage of state restructuring through new constitutional building, the social inclusion practices is sine quo non of such restructuring process.
Both authors are associated with Social Inclusion Research Fund. The views expressed are those of the authors' alone and do not represent the authors’ affiliated institution.
