Nepal is known for its geographical, ecological, ethnic, cultural and linguistic diversity. The national census has recognized more than 120 indigenous caste and ethnic groups, As defined by the Indigenous Nationalities Act, 2002, indigenous people are people having their own mother tongue, distinct traditional values, and cultural identities, including social structure and written/non-written history. These people have rich knowledge tested from their adjustments in varying climatic conditions and this is enriched, sustained and improved over time by succeeding generations. For instance, Mustang, trans Himalayan district of Nepal, is not only a famous for landscape beauty, but also unique in culture.
The Nepalese government prepared the draft national legislation in 2002 regarding biodiversity and the access to genetic resources and benefit-sharing. Based on this draft legislation, IUCN (World Conservation Union) Nepal has completed community registration and documentation programme on traditional knowledge about biodiversity in more than 20 districts in historical territory of indigenous peoples.
Nepal has ratified different conventions, e.g., wetland convention (Ramsar 1971), Convention on Biological Diversity (CBD 1992), Convention for the Protection of the World Cultural and Natural Heritage 1972, United Nations Framework Convention on Climate Change (UNFCC 1992). It is a provision that as a member of the convention, Nepal should build respective national legislation or the convention can serve as national law. As a citizen of a member country of the convention each individual, policy maker, researcher, and any organisation should respect and obey the rules and regulations of the conventions.
An example of traditional knowledge is an indigenous water conserving practice.
Indigenous Water Conserving Practices
The art of rainwater collection as a principal source of water has been in practice in Nepal since ancient times. This practice was most common among Brahmin community. Planting herbal plant-Tulsi in a specially built structure called Maeri was considered an essential religious practice in every house and a small pond would always be built close to this for storing water. The soil excavated while constructing such pond would be used in building Maeri and every morning all the members of the family would use this place for bathing. The water wasted during bathing was stored in this pond and used for a kitchen garden close by or else used for cattle watering. Evidence of traditional water collection ponds, especially in the hilly region, dates back to the historic period when Nepal was divided into several kingdoms. Many water collection ponds were built during that era.
As a common practice, a conservation pond is established a little lower to the source. The pond serves as a reservoir to collect surplus water and a continuous irrigation supply to the bariland. Besides, the pond is shaded by the profuse crown cover of Ficus religiosa (local name- Pipal) and thus, tremendously curtails the evaporation loss. The pond could either be cemented or traditional type however, frequent cleaning is carried on by the folk. The practice was documented in Chisapani, Manebhanjyang on May 25, 2002. Local people, who do not have enough time to participate in different training programs, could be made aware by the on-spot techniques.
Protection of such Traditional Knowledge
Nepal is a party to the Convention on Biological Diversity (CBD). The National Coordination Committee for Biodiversity Conservation (NCCBC), chaired by the Honourable Vice-Chairman of the national Planning Commission with 22 members, to implement the provisions in the country. In the meeting, it was decided that certain committees have to be formed for the protection. However, it must be noted that the findings of this meeting by the committee in the final report, were related to the conservation of wildlife, flora, fauna and related diversity. There was no discussion about the legal protection to be granted to such traditional knowledge. The provisions under the Environment Protection Act 1996 are also formulated to control pollution and ensure the monitoring of the pollutants.
Due to lack of awareness among the authorities and the general public, the knowledge flowing through various generations is not protected by any legal provision. There have been debates on the national as well as international levels to ensure that the traditional knowledge is protected by way of patents.
Conclusion
Nepal is currently in the process of revising its Biodiversity Action Plan and preparing its fifth national report, with the intention to also develop national targets and indicators and integrate the implementation of the action plan into the National Development Plan. Farmers in various districts of the country have been constantly engaged in introducing traditional varieties and combinations. Just like the industrialists have the requisite protection in terms of brand and goodwill, the farmers must also have certain protection.
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