Mike:telling stories through music

Perina Pathak

"The worlds gonna end today,
said the song of a bird with the broken wing,
the sky gonna fall today,
said the leaf of the autumn tree"

This is not only a lyric but also a story of the bird with broken wing. From this song, Mike Jenkins is not only conveying the story of the bird but is indirectly telling people to have compassion and be kind to the broken and needy people.

Almost all of Jenkins’s songs have some message. His songs are not only for entertainment but also aim to stir deeper truths of life. His music is very different from others’. His songs tell powerful stories.

"Music is not only for the sake of music," said singer, songwriter and musician Jenkins. "I want to give people the message of hope, compassion through music and I find music the simplest way to compare different life and communicate love among people."

He performs in many styles like blues, folk ballads and turbadour (song with truth without agenda or bias). And the lyrics of his songs are mainly inspired by his experiences in various countries.

For a decade Jenkins travelled from one country to another delivering his message through songs. Till date he has travelled in around forty-three countries. "Whereever I go, I appear anywhere from the television studio to the local pub and concerts," said the singer.

Likewise, last week Jenkins performed in the International Folk Music Concert held in Nepal, where he enthralled hundreds of audience present in the hall of Royal Nepal Academy. Jenkins’s songs are mainly influenced from Christian beliefs and his own experience in various countries. "I like the way Jesus performed service for the poor people. Unlike people of today who kill each other in name of religion, Jesus died for religion," he said.

His powerful songs take his audience to the places he visited and scenes he saw.

"When I was in my trip to Mount Everest base camp, I recorded the sound of yak bells," he said and added, "Later on while composing a song I will add this tune to give the atmosphere in the music. This is the reason why I encourage other musicians to travel and sing what they believe."

Forty-three year old Jenkins, an Englishman from London began his music career as a teenager. Seeking wealth and success, he headed off to the USA, where he got into drugs and music. "One day I reached the bottom line and opened a bible. Something touched me and that was the turning point and since then my whole life has changed," he said.

And perhaps in his melancholy days, Jenkins may have found the truth he was always searching for. For the past eighteen years he spent the life of an addict. But now he travels from country to country, "Then from the day I found what sought in life, I have been dedicating my life to travel, taking music and message of goodwill to everyone who will hear me and share the hope for better life," he said. These days he spends most of the time composing music and travelling as many places as possible.

Whither our forest wealth?

DR KESHAR MAN BAJRACHARYA

Proper use and management of forests was, and still is, one of the most important endeavours for the people of a mountainous country like Nepal. The Nepalese people have developed traditional methods of protecting forests as well as utilising the products and services from time immemorial. However, it will not be possible for us to derive maximum economic and ecological benefits from our forests without conscientious research and development efforts, technology transfer and development in the 21st Century. For this purpose, all concerned institutions and organisations must unite to fulfil the cherished national goal in this respect.

"Hariyo Ban, Nepalko Dhan", (green forests are the wealth of Nepal) is an age-old proverb that was true in the past as it is now. Indeed, the rich virgin forests of the Terai and the Dun Valleys generated large annual revenues for the governments in the past while exporting the valuable timbers Sal (Shorea robusta), Khair (Acacia catechu). Sissoo (Dalbergia sissoo), Simal (Bombax ceiba), Pine (Pinus roxburghii) as well as other forest products like medicinal herbs, bamboo and grasses. The large-scale export of timber, which took place during the period of 1922-1927 under the advice of Mr. M.V. Collier, was repeated again during 1942-46 under another Conservator from British India Mr. E.A. Smythies.

Unfortunately, the thrust of exploiting many species of valuable trees likes Sal, Sissoo, Simal and Asna, as well as, other non-timber forest products including grass, medicinal herbs, honey, and bamboo, continued even after the political change of 1952. The main reason for the rapid destruction and degradation of the Terai forests in the three decades after the Rana Rule was the need for generation of government revenue.

Another important factor is, all lands that are not owned by or registered under an individual, a community, an agency or a firm are charged to the Department of Forest (DOF) as the public domain. Thus, DOF has become the de facto tenant and manager of forestland on behalf of the people of Nepal. In addition, HMG through the Forest Nationalization Act-2013 (1957) had eliminated private ownership of forests except individual trees and small groves within the private land. Because of these important factors, DOF has an important responsibility for enhancing socio-economic and environmental benefits from forests and forestry in the country.

The Nepal Forest Service promulgated the Forest Nationalization Act-2013 0f 1957 without adequate preparation of its organisational and human resources. While implementing the provisions made by that act, powerful forest owners were compensated while the poor and community owners were ignored. As a result, the wave of hacking and felling of trees for private hoarding of timber spread throughout the country including the hill regions.

Therefore, the HMG promulgated the Forest Act-2018 in 1961, which was oriented more towards policing rather than mobilising the resource for social and economic development. In the meantime, the Terai and Siwalik valleys that were formerly inhabited by a small number of the traditional tribes were opened up. As a result, large numbers of people from the densely populated hills and mountains came down to settle there. Although a separate department and government company were engaged to settle them rationally, many migrants took law into their own hands for cultivating the land under standing trees. The destruction of large timber resources by the new immigrants in order to claim the land cultivation was enormous. As a result, the HMG promulgated Special Forest Protection Act in 1967 that became notorious for the unlimited power of the forestry staff in evicting the encroachers as well as punishing the timber poachers. The system of rewards provided by that legislation, which gave up to 20 percent of the confiscated forest products and 30 percent of vehicles to the forestry staff and outsiders, encouraged collusive forestry crimes. That legislation was repealed only recently.

When a considerable area of the productive forests was cleared, and the remaining forests were much degraded, HMG passed the National Forest Plan (NFP) in 1976. This plan declared that the forest resource of Nepal is a social property and it will be used and managed for the socio-economic betterment of the people. The Plan also declared that forests be managed by many agencies including potential communities and individuals in addition to the DOF. For this purpose, the forests were classified into five tenurial/managerial classes.

These were: (a) state forests were to be managed by DOF, (b) community forests were to be managed by local villagers, (c) leasehold forests were to be used and managed by respective leaseholders, (d) private trees and woodlots were to be managed by respective land owners, and, (e) special forests, i.e., national parks and wildlife reserves were to be managed by the Department of National Park and Wildlife Conservation, and sacred forests were to be managed by concerned religious groups.

In 1989, the Master Plan for the Forestry Sector (MPFS) was adopted by the HMG with a grand vision of investing billions of dollars in the use and management of forests mainly with financial supports from donor agencies. However, it could not be implemented due to the trade and treaty blockade by India and the subsequent political change of the early 1990s. Nevertheless, it had endorsed the earlier tenurial/managerial classification of the forestlands with highest priority to the community forestry programme.

Whether the long-term sector plans were implemented or not, the five-year plans prepared by the National Planning Commission had routinely included the targets of the various ongoing forestry programmes for mere budgetary purposes. In fact, these five-year plans did not produce new visions and missions for legitimate economic and environmental benefits from the country’s forest resource.

As far as the forest legislation is concerned the NFP had adopted the then existing Forest Act-2018 under which separate management rules were formulated. These included rules for managing state, community, leaseholds and private forests under the Panchayat System. However, when the country changed the political system in 1990, it was felt that a new forest act and forest management rules were needed. Accordingly, the New Forest Act-2049 was formulated in 1993. However, it became effective only in 1995 when forest management rules were also formulated for the respective tenants/managers including DOF.

(The author is a senior forestry expert, an Academician of RONAST and the President of Nepal Foresters’ Association)

Legal position of medicinal plants

DR RAVI SHARMA ARYAL

Nepal holds a rich biodiversity within a small area of 147,181 sq. km. It represents over 1750 flowering plants for medicinal purpose and over 250 of them have commercial value. It is claimed that over one hundred thousand of traditional healers/Amchies are engaged in practising herbal medicine and over 5000 hands written manuscripts are supposed to be preserved in Nepal. Majority of the rural poor and marginalised groups depend on different medicinal and aromatic plants for their primary health care and livelihood needs. But, these traditionally used natural assets are endangered due to the rapid loss of such medicinally useful plant species due to habitat destruction, over harvesting, and illogical and irrational policies, fuelled in part by deteriorating economic conditions in the rural communities.

Medicinal plants bear the largest economic resource being tapped across the Himalayan region, but mountain peasants get only a tiny fraction of the profits. It is a historically secretive trade and little is known about who collects, who trades, who profits and whether there is over harvesting. Clearly, though, the economic future seems to lie not in timber, but in "minor forest products", including herbs. It is estimated that ten to fifteen thousand tones of jaributi worth some US$8.6 million are traded from the middle hills and high mountains of Nepal to foreign countries and the plains of India every year. Most of the profit however is gained by other countries rather than with the collectors. Notwithstanding, medicinal herbs collected by villagers can contribute significantly to generate income in remote areas where most of the people live below subsistence level. Therefore a co-ordinated approach of governmental and non-governmental organisations is inevitable if utilisation and marketing of medicinal plants needs to be developed on a sustainable economic and ecological basis.

The main legislation to protect medicinal plants in Nepal is the Forest Act 1993 (FA) and Forest Regulations 1995 (FR). Although there is also the National Parks and Wildlife Conservation Act 1973 for the protection of wild fauna and flora, it does not provide any special provision for import or export of medicinal plants from national parks or wildlife reserves. The notification published under the FA regulates the protection and trade activities of certain medicinal plants. All the medicinal plants fall under the definition as "forest products" and are protected by the FA outside the National Parks, reserves and conservation areas of Nepal. The District Forest Officer may grant license as prescribed for the utilisation, removal or state and distribution, export or transportation of the forest products.

Under Rule 13 of the FR in the case that a person submits an application to export any of the forest products collected pursuant to this Regulation, other than those whose export to the foreign country has been banned, the authorised officer may recommend to the concerned customs officer for the grant of permission to export. Section 70a of the Act and Rule 13 of the Regulation in particular have significance in implementation of the Convention on International Trade of Endangered species of Wild Fauna and Flora (CITES) as it provides a regulatory mechanism for export, import and re-export of various forest products.

HMG has banned collection, utilisation, sale, distribution and export of various flora species including medicinal plants for the protection of bio-diversity by publishing a notification in the Nepal Gazette under the power conferred by Section 70a of the FA on February 12, 2001. Collection, utilisation, sale transportation and export of Paanch Aunle (Dactylorhize hatagirca), Bark of Okhar (Juglans regia) and Kutki (Picrorhiza scrophulariiflora) have been totally banned. While export of raw Jatamansi (Nardostachya Grandiflora), Sarpagandha (Rauvolfia Serpentina), Sugandhakokila (Cinnamomum Glaucens), Sugandhawala (Valeriana Wallichii), Jhyawu (Licheu spp.), Silajit (Rock Exude), Talish Patra (Albies Spectabilis), Lautha salla (Taxus Baccata) and Yarsha Gumba (Cordyceps Sinesis) has also been banned, however, these species are allowed to be exported after processing in Nepal.

To implement CITES each member country is obliged to designate one or more management authorities who are empowered to issue permits and certificates, and a national level scientific authority to monitor the CITES operation in each country. HMG has designated the Director General, Department of Forests (DOF) as management authority and Director General, Department of Plant Resources (DOPR) as scientific authority for the implementation of CITES. The notified list prohibits collection, use, sale, transportation and export of certain medicinal plant species, but this list does not correspond with the flora list of CITES. HMG is silent about the use/sale or export of plant species, which have been cultivated in farms or artificially propagated. It should have provided a certain relaxation and mechanism for the use/sale/export of these species.

There is generally poor data collection on medicinal plants trade issues. The DOPR and DOF records pertaining to medicinal plants activity are not kept separately and are poorly documented. Similarly, detection of illegal medicinal plants trade between India/China and Nepal is very difficult because of the long open border. There lacks information on the volume of trade, its modus operandi, commodities involved, trade routes and the lack of training for enforcement personnel. Furthermore, knowledge and use of these plant resources are also threatened by a lack of validation and institutional support given the local health practices, cultural change and decreasing availability of the resource itself. The conservation of the bio-diversity of medicinal plants and their sustainable use of livelihood support has become a collective concern of local communities and other stakeholders. Nepal’s legislative provisions are not enough to control illegal trade in medicinal plant products.

Presently, it is necessary to protect traditional rights of Amchies and registration of medicinal plants of Nepal. It is the right time to protect intellectual property rights of that traditional knowledge, as cultivators have traditional knowledge in this area need protection by the law. At the same time before notifying the ban for collection, sale, distribution or export of any medicinal plants, a detailed scientific study needs to be conducted by HMG. Nepal should make full efforts in developing the artificial propagation of medicinal plants for social and commercial needs. A special package of incentives could encourage protecting local knowledge of cultivators who are engaged in cultivating medicinal plants in community forests, buffer zones and other areas. This in turn would lead to the long-term survival of the species in the wild.

Finally, bio-diversity of a country is the valuable property offered by the bounty of nature. These have not been explored in detail and properly assessed in Nepal. There is a growing awareness of the serious and long-term implications of the over-exploitation of Himalayan medicinal plants, caused especially by the global demand in the use of important species. The loss of such species may have far-reaching implications especially for poor rural communities who are often highly dependent upon them for their health and economic benefits. These national assets are needed to be well registered and nurtured for their further development and management. It is much more relevant in the present scenario, where Nepal is seeking to be a member of the WTO, to claim its bio-diversity as a country’s sovereign property. Thus, whatever is available, whether its wild, crude, processed or traditional knowledge; it needs to be well registered as a national property.

It is concluded that there exists some provision to protect or regulate medicinal plants in Nepal under FA. However, just regulating a list of twelve species of medicinal and aromatic plants could not save our hundreds of threatened or endangered species. Therefore, there is an acute need to amend the present species’ list and bring a special Act for the protection of traditional knowledge of the local people with conserving available precious medicinal plants of our country.

(The author is a CITES Law Expert)

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