THE UNIVERSITY OF LEIPZIG

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ights and rules defining the range of impacts and opportunities available to actors. It also looks at the procedures for settling disputes and adjusting the system of rights and rules for compliance. Regimes may arise spontaneously as a product of uncoordinated efforts of many individuals. 62 Regimes may also be negotiated by some general principles or by some general purpose authority. Hence a resource regime refers to the management and administration structures in place to regulate resources usage for instance a water authority, an environmental management authority or a forestry authority. 63 1.7 Biodiversity: An insight into the contemporary debates and notions In the following sub-section, we discuss the contending debates and notions relating to biodiversity management and governance. These shall be discussed in light of the current policies and procedures that obtain in Kenya’s biodiversity resource regimes. The following notions will also be articulated alongside the views and opinions collected from national level respondents through a national level institutional mapping exercise. The Globalcentric notion This is the most dominant view arising from the international level perspectives on biodiversity. It emphasizes resources management and is a brainchild of dominant international institutions particularly the World Bank and the major Northern Environmental Conservation Organizations such as the World Conservation Union (ICUN) and the World Wildlife Fund (WWF). These are backed by the weight of the Group of Eight rich nations (G8). The globalcentric notion is based on the particular representation of the threats to biodiversity that emphasize loss of habitats, species reduction and fragmentation due to habitat reduction rather than underlying causes. 64 This notion offers a set of prescriptions for the conservation and sustainable use of resources at the international, national and the local levels. As a result, it suggests appropriate mechanisms for biodiversity management, including the in-situ and ex-situ conservation in the national biodiversity planning processes. It calls for the establishment of appropriate mechanisms for compensation and economic use of biodiversity, chiefly through intellectual property rights. However, the dilemmas that surround the entire scheme of property rights and bio-prospecting need no recapitulation. Dedeurwaerder notes with pain that this process has been a reap-off on the side of the local communities. 65 He notes that many of the access and benefit sharing agreements have been signed but are largely bilateral contractual arrangements between the rich countries and poor countries and are not based on the principle of informed consent. It is further agonizing to Science 277:494-499. 62 Berkes, F. 2002. Cross-scale institutional linkages: perspectives from the bottom up. In The drama of the Commons edited by E. Ostrom et al.,293-321. Washington: National Academy Press. 63 Friedheim, R. L. 2001. Toward a sustainable whaling regime. Washington: University of Washington Press. 64 Brush, S. 1998. Prospecting for the Public Domain. Center for Latin America Studies, University of Chicago. 65 Morris, M.L et al. 1999. Genetic Change in Farmer Recycled Maize Seed : A review of Evidence. CMMYT. Economics working Paper No- 99. 16
learn that in practice, the definition of property rights on which the benefit sharing contracts are based, is not well defined. 66 Morris et al. make another observation, but in form of an intricate question: How can the contribution of poor communities to biodiversity preservation be assessed if classification of species takes centuries? This submission is strengthened by Laid one of the leading scholars on the subject of bio-prospecting contracts. She notes that Biodiversity Prospecting Contracts (BPCs) are the most common and most frequently used tools in the establishment of formal and legally binding relationships between providers and users of genetic resources at the local level. Such agreements take different forms and shapes. These agreements may be formally concluded in written documents or acknowledged by a shake of hands. These contracts may take varying forms including contracts for the sale of raw materials, Material Transfer Agreements (MTA), Licensing Regimes (LR), and Memorandums of Understanding (MOU). 67 Indigenous people may use agreements over traditional knowledge as a means to exercise control over biological resources considered to be of national patrimony. But observers such as Tobin note that, BPCs are merely a tool for bio-piracy, simply providing a cloak of respectability to arrangements viewed as inherently inequitable. This is due to the disappropriate negotiating strength of Multinational Corporations (MNCs). Furthermore, MNCs use these BPCs as a tool for misappropriation and monopolization of common goods through utilization of intellectual property rights regimes. At the national level, BPCs can also act as a disincentive to legislators in developing national Access and Benefit Sharing Measures (ABSM). However, the negotiations of highly visible BPCs have tended to raise public concerns on issues surrounding biodiversity prospecting. For example, research on biodiversity and traditional knowledge is funded by northern partner agencies and channeled through northern partner institutions. This sometimes breeds inequitable relationships with the owners of traditional local knowledge. The inequitable participation of local communities in such agreements has led to renewed discontency towards research in traditional knowledge. 68 On the other hand, it has also led to increased activity, public interest and national debate. In Kenya for instance, interest and concerns about the activities of the National Institute of Biodiversity (inBio) helped to format a participatory national debate that culminated into the adoption of a comprehensive National Biodiversity Strategy and Action Plan in 2000. It also helped in enlisting the importance of biodiversity in the current Forest Act. The strategic plan puts it clearly that Kenya has a considerable volume of indigenous systems and knowledge relevant to biodiversity. However, what is disappointing is that little of this knowledge has been documented or integrated within national programs or institutions. 66 Cracraft, J and F.T, Grifo. 1999. The living Planet in a Crisis: Biodiversity and Science and Policy. New York: Colombia University Press. 67 Laird, S. 2002. Biodiversity and Traditional Knowledge: Equitable Partnerships in Practice. London: Earth scan Publishers Limited. 68 Tobin, B. 1997. Biodiversity Prospecting Contracts: The search for Equitable Partnerships. London: Earth scan Publishers Limited. 17
Page 1 and 2: INSTITUTIONAL DILEMMAS IN TROPICAL
Page 3 and 4: Dedication This work is dedicated i
Page 5 and 6: 7.4 COLLECTIVE COMMUNITY ACTION AND
Page 7 and 8: UNDP United Nations Development Pro
Page 9 and 10: 1 Introduction 1.1 Introduction Ken
Page 11 and 12: are mediated into the national poli
Page 13 and 14: Giddens notes that linking agency a
Page 15 and 16: foreign exchange controls made the
Page 17 and 18: and to preserve the different fores
Page 19 and 20: Map 2: Landsat ETM+ (7) satellite i
Page 21 and 22: egimes. 46 Yet national regimes gov
Page 23: Institutions and Institutionalism:
Page 27 and 28: The above revelations show the disc
Page 29 and 30: technologies. This kind of thinking
Page 31 and 32: The social movement’s notion arti
Page 33 and 34: 1.8 Methodology The choice of resea
Page 35 and 36: Sources of data Data for this study
Page 37 and 38: knowledge, opinions, notions in rel
Page 39 and 40: 2 Theoretical Considerations 2.1 In
Page 41 and 42: opposed to particularistic in the i
Page 43 and 44: constraints have to be applicable t
Page 45 and 46: process is a product of both extern
Page 47 and 48: position also influences actors’
Page 49 and 50: to a specific choice problem, which
Page 51 and 52: communications and authority relati
Page 53 and 54: the subsequent lack of general or s
Page 55 and 56: generally. Historical institutional
Page 57 and 58: can have remarkable consequences at
Page 59 and 60: myths and ceremonies devised by man
Page 61 and 62: In light of the above postulation,
Page 63 and 64: among inter ethnic relations. 273 D
Page 65 and 66: also important for maintaining the
Page 67 and 68: what sort of environment is left fo
Page 69 and 70: Rittberger called it “institution
Page 71 and 72: of governance. 314 For instance, fo
Page 73 and 74: and his claims. Hence it is the fun
Page 75 and 76:
trees, food resources, warmth or ab
Page 77 and 78:
environmental externality function
Page 79 and 80:
Wear observes that the enhancement
Page 81 and 82:
4 Biodiversity, local decentralisat
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officials found to have dished out
Page 85 and 86:
national level. At the local level
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declared a ban on felling indigenou
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4.2 Institutionalism, local decentr
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iodiversity change been altered, bu
Page 93 and 94:
We shall use the term participation
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known as community forest user grou
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1960s and early 1970s in Europe and
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upholding of the social values and
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The social-cognitive dimension can
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as goods and certain services, and
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In summary, in this chapter we have
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This is compouded by glowing struct
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the Constitution. The Constitutiona
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far as ownership is concerned. As a
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maximum spring discharge level. 501
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During pre-colonial times, issues o
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whose boundaries could not be alter
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Although Kenya’s policy and legal
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egeneration thereof or biodiversity
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marine and fresh water resources an
Page 125 and 126:
In addition, the director of Agricu
Page 127 and 128:
Gottfried suggested that natural re
Page 129 and 130:
Based on the review and analysis of
Page 131 and 132:
Furthermore, issues of monitoring a
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players, especially given the role
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household was 6. Adults are here de
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eadily available for the researcher
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It is imperative to appreciate that
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tragedy for the entire household, c
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Table 6.6 Why persons are named aft
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the extreme lowland side, the area
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on the forest biodiversity is neith
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settling around the Mount Elgon are
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concluding the ceremonies with the
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Gender, cropping systems and labour
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ural livelihoods, it became the foc
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espondent said that they planted su
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Like we have earlier noted, most of
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When asked how such people (Custodi
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7 Historical and Sociological Insti
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Biodiversity and customary law in K
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education and a majority of social
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Put in the context of Kakamega, it
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with one of the Tirirki elders, the
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places, there was an array of reaso
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Further still, it was discovered th
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7.4 Collective community action and
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development of various community re
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Other scholars in the area of prope
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for instance, where common property
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8 Summary and Conclusions 8.1 Recap
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Conclusions The overall objective o
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already exits within the Luhya reso
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sense, the community conserved area
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management such as Kakamega, these
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We have already indicated that like
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prohibiting the use of natural reso
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economic and cultural values with a
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The wider and long-term implication
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will make it much more difficult to
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8.5 Summary The findings that have
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initial conditions, path dependence
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References BOOKS Adrian, P. 2003. T
Page 211 and 212:
Downs, R. E. and S. P. Reyna. 1988.
Page 213 and 214:
Kanyinga, K. 1994. Ethnicity, Patro
Page 215 and 216:
Neisser, U. 1967. Cognitive Psychol
Page 217 and 218:
Strathern, M. 2000. Environments wi
Page 219 and 220:
Reardon, T and Vosti, S. A. 1995. L
Page 221 and 222:
Krhoda, G. 1998. What Ails Kenya's
Page 223 and 224:
Strathern, M. 1996. Potential Prope
Page 225 and 226:
Colchester, M. 2003. Conservation P
Page 227 and 228:
Murombedzi, J. 1998. The Evolving C
Page 229 and 230:
Newspapers The Daily Nation Karura
Page 231 and 232:
List of Figures and Maps Map 1 Map
Page 233 and 234:
Response Codes Snakes Monkeys Frogs
Page 235 and 236:
Section 3. Usage and management for
Page 237 and 238:
Code How often are such ceremonies
Page 239 and 240:
Section 5. Management of local know
Page 241 and 242:
Code Who is responsible for growing
Page 243 and 244:
Appendix B. Schedule of organizatio
Page 245 and 246:
The interviews focused on the confl
Page 247 and 248:
Appendix D. Bibliographic schedule
Page 249:
Versicherung Ich versichere, dass i
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