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Shaping Seed Regulation in Nepal

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Shaping Seed Regulation in Nepal Shaping Seed Regulation in Nepal The Role of Networks, Community and Informality Kamalesh Adhikari A thesis submitted for the degree of Doctor of Philosophy School of Regulation and Global Governance (RegNet) College of Asia and the Pacific The Australian National University June 2016 Declaration This thesis is an account of research undertaken at the School of Regulation and Global Governance (RegNet), the Australian National University, under the supervision of Professor Peter Drahos between February 2012 and January 2016. The material in this submission is my own, except where acknowledged within the text and references. To the best of my knowledge, this research work has not been submitted for a degree at this or any other university. Kamalesh Adhikari 6 June 2016 Acknowledgements I acknowledge the support, encouragement and advice of many people and institutions in carrying out and sustaining my work on this thesis. First of all, I sincerely express my special appreciation and thanks to my supervisor Professor Peter Drahos. With his inexhaustible reservoir of knowledge, he supervised and guided me, providing comments on drafts and helping me develop theoretical and empirical insights. Thanks Peter, your advice on my research (and not to forget my future academic career) has been invaluable. I also thank Miranda Forsyth for her comments on drafts as a panel member. She enlightened me with her knowledge and helped me, among others, in the analysis of different aspects of the rights of local, indigenous and farming communities. I also thank Hazel V J Moir for her inputs to this thesis as another panel member. She helped me refine my research proposal and generate insights for my fieldwork in Nepal. The School of Regulation and Global Governance (RegNet) has provided me an inspirational environment for academic insights, professional networks and friendship. I am grateful to Professor John Braithwaite for giving me an opportunity to work with him in a research project that focussed on Nepal and gain from his profound knowledge. I am also thankful to Kathryn Henne and Jeroen van der Heijden for providing time and thoughts on regulatory theories. My special thanks to Seung-Hun Hong, Shane Chambers, Nara Ganbat, Jacqueline Parry and Suzanne Akila for organising formal and informal meetings among the PhD students of RegNet and helping me refine my analysis in many ways. I also thank Robert Cunningham for providing his time to let me know about seed savers in Australia, and Mamoun Alazab for continuous encouragement and advice on the research methodology. Many thanks to the Department of Foreign Affairs and Trade of Australia for the Australian Leadership Award. It made possible my PhD studies at the ANU. I am grateful to Gina Abarquez, Elaine Ee, Rozana Muir and other people of the Australia Awards Liaison Office for all the academic and administrative support I got throughout my research in Australia and fieldwork in Nepal. I am also thankful to Lyndal-Joy Thompson and Thilak Mallawaarachchi of the Department of Agriculture in Canberra for providing me an opportunity to make a presentation on my research plan for feedback from government officials and experts. Many people from different countries helped me by providing relevant publications, reports, documents and/or information on global trends and dynamics of seed regulation and community seed banks. Some of them are Ronnie Vernooy and Michael Halewood of Bioversity International, Italy; Svanhild-Isabelle Batta Torheim and Teshome Hunduma of the Development Fund, Norway; Abhiskar Subedi of Wageningen University, the Netherlands; Guri Kristin Rosendal, Leif Christian Jensen and Tone Winge of the Fridtjof Nansen Institute, Norway; Anitha Ramanna-Pathak of SP Jain School of Global Management, India; and Yogesh Pai of National Law University, India. I also benefitted from my participation in different international and South Asian events held in Nepal, Norway, Pakistan, Sri Lanka and the US. The feedback of professors, lecturers and students on my guest lecture at the University of Sydney and presentation in an Asia-Pacific Conference at the ANU was also helpful. In Nepal, a large number of people and institutions helped me collect data from different geographical settings. Let me start by thanking my previous office, SAWTEE. In particular, Prakash Ghimire made it easy for me to arrange site visits and obtain data from community seed banks. Ratnakar Adhikari and Posh Raj Pandey provided me critical information on policy and legal matters. I am also thankful to LIBIRD, USC Canada, the Nepal office of Bioversity International, Oxfam Nepal and Seed Entrepreneurs’ Association of Nepal for their cooperation. In particular, I am grateful to Pratap Shrestha, Bhuwon Sthapit, Devendra Gauchan, Balram Thapa, Pitambar Shrestha and Bharat Bhandari. Government officials of the Ministry of Agriculture, Ministry of Forests, Seed Quality Control Centre, and Nepal Agriculture Research Council also helped me a lot during my fieldwork. I am also grateful to all mobilisers, managers and members of community seed banks, including local farmers of Bara, Kathmandu, Sindhupalchok and Lalitpur districts. Some of them even welcomed me into their homes to undertake interviews and treated me like an important family member. I am also thankful to other interviewees and all other individuals and institutions who helped me from Nepal. I am especially thankful to Puspa Sharma of the ANU and Paras Kharel of the University of Melbourne for critical feedback with editorial inputs. I am also grateful to Keshab Raj Gautam of the Ministry of Forest and Thaneswor Bhusal of the National Planning Commission of the government of Nepal. Though they were themselves busy in their academic research in Australia, they offered me their precious time to improve my analysis in the thesis, mainly from the viewpoint of government agencies. I am also thankful to Shrutidhar Tripathi, Binod Chapagain, Jyotsana Tamang, Savitri Gurung, Ramesh Sunam, Mandip Rai and Ram Ghimire for feedback on my presentation of fieldwork data and findings at the meeting of the ANU- based Nepali Student Association. Thanks to Uttam Sharma and Bishal Chalise for helping me gather statistical data and also for useful comments on the analysis of national data. Finally, I cannot express how much I am indebted to my family. My wife Nikunja and daughter Rishita (Urfu) have remained a major source of energy, inspiration, dedication, care, love, support and what not. Without them, I would not even think of commencing this research. Family kids, especially Aarohan, Sejal, Sakshi and Medhavi, also inspired me to continue to work to make them feel proud. My father, mother, younger brother (Bimlesh) and sister (Pranita) were kind and caring during my fieldwork in Nepal. My mother, brother, sister and parents-in-law even came to Australia to celebrate with us the greatest festivals of Nepal, providing further energy and support during the research period. My elder brother “Ramu”, who left this world at the age of 39, was my greatest source of energy and support, and I dedicate this work to him. Abstract Scholars often discuss the ramifications of seed regulations for customary dynamics of conservation, use and exchange of local plant varieties in three streams of scholarly writing. These are formality and informality of the seed system, commons and property notions of plant genetic resources for food and agriculture, and community seed banks. This thesis makes an important contribution to these literature, exploring how seed regulation is being shaped and what has been the role of networks, community and informality in the governance of the seed system in Nepal. The thesis shows that Nepal’s formal model of state-led, private-sector supportive seed regulation has failed to address customary dynamics of seed use and exchange and promote farmer-to-farmer seed exchange networks. A key argument is that the role of informality needs to be duly recognised in view of its significant contribution to protect local plant genetic diversity and the rights of farming communities to save, use and exchange seeds. The role of informality is also important in view of Nepal’s legislative initiatives to implement the global agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Convention on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. Nepal offers an important site of network confrontation as various actors and networks from government, non-government and private sectors have been engaged in promoting their own visions of property and commons. A key finding of the thesis is that Nepal needs to consider these different visions of commons and property and adopt a networked model of regulation to create a seed system that addresses local needs. The thesis shows that Nepal is also an important site of community seed banks. What makes Nepal’s case interesting is the emerging typologies of community seed banks that interact with both formal and informal seed systems. The thesis argues that if community seed banks continue to tilt towards becoming a formal actor like a local seed trading enterprise, there would be implications for local initiatives to conserve native plant genetic diversity and promote customary practices of seed use and exchange. Table of contents Declaration .................................................................................................. iii Acknowledgements
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