THE UNIVERSITY OF LEIPZIG

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The issue of protection of indigenous and traditional intellectual property rights is of relevance and as a result, local communities must not be exposed to exploitation. 69 The same sentiments were echoed during an interview with Dr. Matanga, one of the key informants. He agreed that indigenous and local knowledge on biodiversity is important for biodiversity preservation but such knowledge has been thinly documented by current institutional regimes dealing with biodiversity. He further mentioned that there is continued exploitation of local communities through bio-prospecting contracts. He therefore noted that, there ought to be a balance between the commercial interests of the bio-prospecting companies and the wider social and national economic interets. 70 The Sovereignty notion The dominant globalcentric notion is partly challenged by most of the Third World national governments which without questioning, is a fundamental way to re-negotiate the terms of biodiversity treaties and strategies. The issue of genetic resources has rekindled the interest of the third world in the negotiations. Although there is a great variation in the position opted by the Third World governments, they tend to emphasize specific issues of sovereignty, particularly at the national level. Some of these countries have opposed the policies favoured by the industrialized nations. The proponents of this school of thought argue that such policies include unfair international regimes like the intellectual property rights. Others castigate the rich countries particularly the US, for their unwillingness to negotiate key issues such as technology transfer and bio-safety protocols. However, the sovereignty position doesn’t amount to the dominant biodiversity perspective. Mugabe et al. note that while there is a significant debate focusing on the development of legislation to protect traditional knowledge and rights, the Kenyan government has not, for example, highlighted the shortfalls involved. There are legal pitfalls that must be overcome in order to come up with measures that respond to indigenous and local community priorities. 71 The first Kenyan National Report to the Conference of Parties (COP) in 1998 indicated that national governments through their policies should send a clear message to international and private sector negotiators regarding what is expected of contractual arrangements for access to benefits and sharing. 72 Further to the afore mentioned, it is imperative to point out that in some countries, such as the Andean Pact countries, national authorities take an active role in the preparation, negotiation and implementation of controls and contracts. In others like Cameroon, there is a policy limiting involvement of bioprospecting companies in drafting of bio-prospecting contracts. 73 69 GOK. 2000. The National Biodiversity strategic Action Plan. Nairobi: Government Printer. 70 Key Informant Interview with Dr. Matanga, Director KENRIK. 20 August 2005. 71 Mugabe, J et. al. 1996. Managing Access to Genetic Resources: Towards Strategies for Benefit Sharing. Nairobi: Acts Press. 72 GOK.2001. The First Kenyan National Report to the Conference of Parties. 73 Caillax, M and K. Ruir. 1998. Benefit Sharing Case Studies. Secretariat for the Convention for Biodiversity. Montreal. 18
The above revelations show the discontencies and suspicions that are contained in the poor nations’ perceptions of bio-prospecting multinational corporations. As a result, the proponents of the sovereignty notion have demanded that, in order to revisit this inequality, bioprospecting corporations have to strengthen the source-country capacities. This is envisioned as a move to add value to resources extracted in these countries. On the whole, sourcecountries advocate for improved local capacity through pharmaceutical production, conservation of biological diversity, and enhancing of local community development of diversity. 74 On the other hand, countries that subscribe to this notion, have appreciated that part of the problem lies in their national biodiversity management systems. 75 There are no laws relating to biodiversity and this makes them vulnerable to the unscrupulous international contractual relationships. The Convention for Biodiversity recognizes the sovereign rights of states to determine and define access to resources. 76 As a result many of the countries, especially those from the resource rich south, have undertaken various strategies for managing their biological resources. As far as laws are concerned, different countries have undertaken different interventions. These include; enacting of guiding environmental principles in their constitutions, use of anti- pollution laws and creation of laws, on the use of natural resources and biodiversity. 77 Therefore, arising from the view that there ought to be streamlined procedures followed in the usage of biodiversity, especially in the realm of bio-trading and bio-cooperation, many countries have come up with legal frameworks for managing and regulating biodiversity usage. Many countries have developed laws in relation to biodiversity on a sectoral basis. In Kenya for instance, there is a continued debate regarding the sectoral usage of biodiversity and a call for increased legal enforcement. The sectoral framework laws often incorporate general principles of environmental management, inherently providing an institutional framework for the management of biodiversity. 78 Arising from the sovereignty notion, states have put in place diverse mechanisms to implement broader objectives of their national policies. Most states have based their management policies on the control of biological resources in the interest of the public. Many countries have undertaken to establish protected areas’ management framework as a method for managing in-situ conservation. They have also set up trade measures such as permits for the usage of ex-situ biodiversity. In other instances 74 Posey, D.A. 1996. Traditional Resource Rights: International Instruments for Protection and Compensation of Indigenous People and Local communities. Gland: IUCN 75 BIOTA. 2004. www.biota-africa.org. 25.10.2006 76 Newman, D.J and S. A Laird. 1999. The Influence of Natural Products on the 1997 Pharmaceutical Sales Figures. In The commercial Use of Biodiversity: cess to Genetic Resources and Benefit Sharing, edited by K. Kate and S. A Laird, 333-335. London: Earth scan. 77 Lal, D. 1998. Unintended Consequences: The Impact of Factor Endowments, Culture and Politics on Economic Performance in the Long run. The Ohlin Lectures. Cambridge Mass: MIT Press. 78 Calestous, J. 1991. Managing Biological Diversity in Kenya. In Gaining Ground: Institutional Innovations in Landuse Management in Kenya, edited by A Kiriro and C. Juma, 27-38 Nairobi: African Centre for Technology Studies. 19
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 and 24: Institutions and Institutionalism:
Page 25: learn that in practice, the definit
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
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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
Page 101 and 102:
The social-cognitive dimension can
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as goods and certain services, and
Page 105 and 106:
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
Page 113 and 114:
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
Page 121 and 122:
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
Page 161 and 162:
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
Page 185 and 186:
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
Page 195 and 196:
We have already indicated that like
Page 197 and 198:
prohibiting the use of natural reso
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economic and cultural values with a
Page 201 and 202:
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
Page 209 and 210:
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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