PROJECT TOPIC – ECOTOURISM

NAME – PURBASA BANERJEE

CLASS – LL.B (H)

ROLL NUMBER – S.L.C/20/052

SEMESTER – 3RD

SUBJECT NAME – ENVIRONMENTAL LAW

SUBJECT CODE – LB305C

FACULTY NAME – Dr. CHAYAN CHAKRABORTY

SL.NO TOPIC PG. NO. T. SIGN.
1. ACKNOWEDGEMENT 3
2. INTRODUCTION 4
3. CONCEPT OF 5-7
ECOTOURISM
4. ECOTOURISM IN 8-14
THE INDIAN
CONTEXT
5. ECOTOURISM AND 15-17
INTERNATIONAL
LAW
6. COMPARATIVE 18-20
ANALYSIS
REGARDING LAWS
WITH RESPECT TO
ECOTOURISM IN
INDIA, NEPAL AND
BHUTAN

7. CONCLUSION 21
8. BIBLIOGRAPHY 22

ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Dr. Sri Chayan Chakraborty as well
as our principal Dr. Smt. Atasi Roy Khaskel who gave me the golden opportunity to do this wonderful
project on the topic ‘Ecotourism’, which also helped me in doing a lot of research and I came to know
about so many new things.

I am really thankful to them.

Secondly, I would also like to thank my parents and friends who helped me a lot in finishing this project
within the limited time.

I am making this project not only for marks but to also increase my knowledge.

Thanks again to all who helped me.

INTRODUCTION
Travel is good for the soul. It expands the mind – and our hearts. And it helps us realize life’s
most important purpose, which is to love and respect everyone around us and make the world a
better place for humans and animals. But every time we pack our bags and jet off for a new
adventure, we leave a footprint behind. This footprint is made up of the emissions from each
mode of transport used, as well as other resources acquired to help us have an enjoyable time.

So how do we reduce our impact on the planet when we travel? The biggest problem lies with
mass tourism, as many operators do not have environmental care at the top of the agenda.
Ecotourism is an alternative to mass tourism and is a great way of exploring the world off the
beaten path in the most sustainable way possible.

Around the world, ecotourism has been hailed as a panacea: a way to fund conservation and
scientific research, protect fragile and pristine ecosystems, benefit rural communities, promote
development in poor countries, enhance ecological and cultural sensitivity, instill environmental
awareness and social conscience in the travel industry, satisfy and educate the discriminating
tourist, and, some claim, build world peace.

Ecotourism is a form of tourism that attempts to minimize its impact upon the environment, is
ecologically sound, and avoids the negative impacts of many large-scale tourism developments
undertaken in the areas which have not previously been developed.

Ecotourism has been suggested as a tool for the conservation and management of deserts’ natural
and cultural heritage. As one of the fastest growing sectors of global tourism industry,
ecotourism has a potential to serve as an environmentally, socio-culturally and economically
viable option for promoting sustainable development in the desert biome.

Ecotourism is about more than simply visiting natural attractions or natural places; it’s about
doing so in a responsible and sustainable manner. The term itself refers to traveling to natural
areas with a focus on environmental conservation. The goal is to educate tourists about
conservation efforts while offering them the chance to explore nature. The Global Ecotourism
Market produced $92.2 billion in 2019 and is forecasted to generate $103.8 billion by 2027.

All in all, ecotourism intends to expose travelers to the realities of social and economic climates
across the world.

This article will hereinafter make a detailed study on the concept of ecotourism, ecotourism in
the Indian context, ecotourism and international law and a comparative analysis between three
countries regarding the laws in respect to ecotourism.

CONCEPT OF ECOTOURISM
The mass tourism or “conventional tourism” mainly promoted by big conglomerates in the form
of several tourist resorts or star hotels and big hotel chains in monotonously provide the same
type of services and facilities everywhere and with little interaction with the local communities.
It often degrades the environmental quality, natural/cultural resources, and heritage. In all their
operations, environment (e.g. climate, sun, water and sand) and the bio-cultural diversity – the
travel industry’s base products – are rarely respected, understood or taken care of. While
outstanding/unique natural beauty, cultural landscapes and heritage are competitively
advantageous for several destinations, very few in the tourism industry really worry about the
dwindling number of biota or the damage impinged upon the heritage monuments. None worries
about the alienation or acculturation of tribes and other native communities due to narrow or
short term profit maximization by tourism industry.

Due to such reasons, the conventional mass tourism model is gradually being questioned around
the world, and local communities have begun to oppose it precisely due to its adverse impact on
bio-culture, landscape and infrastructural elements. Large scale public protests against
unregulated mass tourism have been witnessed in Barcelona, Venice, Thailand, Nepal and
Bhutan which resulted into the imposition of cap on the number of tourists. Given the escalating
number of tourists in popular tourist destinations in India, the old laissez faire approach will no
longer be sufficient. The telltale symptoms are already visible in several destinations in India:
worse conditions of landscapes in Shimla, Manali and Dharamshala; the traffic jams on Rohtang
Pass; the mounds of plastic on the railway tracks between Kalka and Solan.

If planning of tourism and its subsequent implementation are not based on sound ecological and
socio-economic principles, there would be several negative impacts, most of them irreversible.
Such impacts can be broadly classified into:

1. Socio-economic impacts – chiefly alienation, unemployment/underemployment;

2. Cultural impacts – commodification and standardization leading to acculturation; and
3. Environmental impacts – chiefly deforestation, soil erosion, overexploitation of natural
resources/ biodiversity, pollution etc.

Thus, these above stated impacts channeled through the insensitive policies of tourism calls for
the adoption environment sensitive policies in the tourism sector. In other words switch to an

alternative of mass tourism, that is ecotourism is the need of the time. Ecotourism evolved
within “the womb of the environment movement” in the 1970s and 1980s. Increasing concern
on environmental, socio-economic and cultural impacts coupled with an emerging
dissatisfaction with the largely irreversible impacts of ill-conceived/planned/ implemented
mass tourism have led to increased demand for more authentic natural/cultural heritage based
experiences of an alternative nature. By mid-1980s, ecotourism was identified as a means of
achieving the twin goals of conserving bio-cultural diversity/heritage and achieving sustainable
development in a number of countries.

The formal enunciation of environmentally-responsible tourism emanated from the 1989 Hague
Declaration on Tourism looking upon special problems of the developing countries in the field of tourism.
The declaration advocated the rational management of conventional tourism to contribute to the
protection and preservation of the natural and cultural environment. With the Earth Summit in Brazil,
June 1992, the issue of ‘sustainable tourism’ within the context of overall sustainable development,
further gained impetus, and new forms of eco-friendly tourism became visible. Ecotourism is defined
differently in different ecological, economical and political contexts and, many definitions exist to
describe it.

A conservationist by the name of Hector Ceballos-Lascurain is often credited with the first
definition of ecotourism in 1987, that is, “tourism that consists in travelling to relatively
undisturbed or uncontaminated natural areas with the specific object of studying, admiring and
enjoying the scenery and its wild plants and animals, as well as any existing cultural
manifestations (both past and present) found in these areas.”

The International Union for Conservation of Nature (IUCN) looks at ecotourism as a significant
tool for conservation, though it shouldn’t be seen as a fix-all when it comes to conservation
challenges:

“There may be some areas that are just not appropriate for ecotourism development and some
businesses that just won’t work in the larger tourism market. That is why it is so important to
understand the basics of developing and running a successful business, to ensure that your
business idea is viable and will be profitable, allowing it to most effectively benefit the
surrounding environment and communities.”

The most widely accepted definition is given by the International Ecotourism Society (TIES,
2015), according to which, ecotourism is:

"A responsible travel to natural areas that conserves the environment, sustains the wellbeing of
the local people, and involves interpretation and education."

According to this definition, ecotourism firstly, ‘by offering market-linked long-term solutions,
provides effective economic incentives for conserving and enhancing bio-cultural diversity and
help in protection of the natural and cultural heritage of earth’. Secondly, ‘by increasing local
capacity building and employment opportunities, ecotourism is an effective vehicle for
empowering local communities around the world to fight against poverty and to achieve
sustainable development’ by judicious use of natural resources of the area. Lastly, ‘with an
emphasis on enriching personal experiences and environmental awareness through interpretation,
ecotourism promotes greater understanding and appreciation for nature, local society, and
culture’. TIES further list certain ecotourism principles to be adopted by its practitioners, in order
to ensure true practice of ecotourism. These include:

1. To minimize physical, social, behavioral, and psychological impacts;

2. To build environmental and cultural awareness and respect;
3. To provide positive experiences for both visitors and hosts;
4. To provide direct financial benefits for conservation;
5. To generate financial benefits for both local people and promoters;
6. To deliver memorable interpretative experiences to visitors that help raise sensitivity to
host countries' political, environmental, and social climates;
7. To design, construct and operate low-impact facilities;
8. To recognize the rights and spiritual beliefs of the indigenous people in your community 
and work in partnership with them to create empowerment.

A huge range of players with varying interests and goals participates in ecotourism which are broadly

classified under the core decision makers (Forests and protected area managers, local communities,

tourism industry, and NGO’s) and the supporting players (funders, academics, and travelers). These

players have a significant role in ecotourism functioning, and it is the consensus and coordination

between and among these crucial players that decides the success of an ecotourism project in any

destination.
 ECOTOURISM IN THE INDIAN CONTEXT

ECOTOURISM IMPETUS IN INDIA:

Travel within India is an age-old practice and its traces can be retrieved from the famous Silk
Route. The concept of ecotourism in India came into the consciousness during the latter part of
the eighties. When, the history of Indian tourism saw many changes, a shift towards the need to
conserve natural resources and to curb the ill effects of conventional tourism was realized and
the present day ecotourism shows it as being the fastest growing tourism space in all forms of
tourism across the globe. Further, the geographical diversity of India makes it home to a wealth
of ecosystems which are well protected and preserved. These ecosystems have become the major
resources for ecotourism here. Simultaneously, most of these wilderness areas across India are
fragile ecosystems that provide a whole host of ecosystem services to local residents and people
living in surrounding areas. However, as unplanned tourism in such landscapes could completely
destroy the very environment attracting tourists, the need to move towards a sustainable model of
tourism that is compatible with these fragile landscapes was soon realized.

In India, Forests and Protected areas (PAs) specifically form the primary focus for establishing
ecotourism destinations as they tend to retain their natural characteristics and are not modified to
any large extent by the human interference. The existing PA network of India constitutes
5.02% i.e. an area of 16.5 mha with respect to the total Geographical Area of India. This
network of 868 PAs of India is grouped broadly as 104 National Parks (IUCN Category II),
550 Wildlife Sanctuaries (IUCN Category IV), 87 Community Reserves (IUCN Category
VI) and 127 Conservation Reserves (IUCN Category V) (as in January 2019). There are also
Biosphere Reserves (IUCN Category V), Reserved and Protected Forests. India’s varied forests
inhabiting diverse wildlife and culturally significant areas attract potential travelers worldwide.
However, with any disproportionally increased human activities due to unchecked tourism in
otherwise untouched areas from human development, impacts become inevitable. Thus
ecotourism is debatably referred to as a double edged sword. Wherein, it is usually observed that,
at the initiation of any program or activity, project impacts are rare or minimal and often, it is
only when severe impacts are manifested that concerned authorities become alert and
management actions are deemed necessary. Ecotourism initiatives in India have also resulted
from effective participation of all relevant stakeholders. Despite geographical and other
differences the success behind these initiatives contains many points of commonality. Primary
among these is the complete acceptance and support of the local community members; consensus
among community individuals carrying out ecotourism activities; benefit sharing and resolve
potential conflict. Further, India’s tourism strength lies not only in its historical monuments,
natural beauty, mysticism, diversity of culture as represented through its various dance forms,
festivals but also in the warm hospitality extended to its guest. Hence the motto, “Atithi Devo
Bhava” designed to reinforce the feeling of pride in servicing the guests, forms an important
milestone in the development of ecotourism concept in India. By transforming poachers into
guides, reducing dependency on forest products, stimulating local guardianship of natural
resources, reducing locals’ outward migration and generating alternative sources of income,
ecotourism plays an important role in ensuring sustainable growth of people living in and around
the PAs of India. Ecotourism’s implementation thus requires detailed environmental and social
impact assessments against environmental, social and economic destination parameters in order
to ensure sustainability of the project. This subsequently reflects the importance of
standardization in ecotourism implementation. Further, ecotourism when practiced correctly
becomes an important economic and educational activity. It has the scope to link to a wider
constituency and build conservation support while raising awareness about the worth and
fragility of such ecosystems in the public at large, supporting the interpretations pillar of
ecotourism. It also promotes the non-consumptive use of wilderness areas, for the benefit of local
communities living around, and dependent on these fragile landscapes.

ECOTOURISM INDUSTRY IN INDIA:

The most important feature of the growing ecotourism industry in India is its capacity to generate
large-scale employment opportunities, particularly in remote and underdeveloped area. As a
concept ecotourism has gained momentum recently here, but as a way of life it has been
practiced since time immemorial by Indian people. The immense popularity of ecotourism in
India stems from the fact that people are becoming increasingly conscious of the environmental
hazards of irresponsible tourism.

Various forms of ecotourism in India attract an increasing number of tourists each year. Some of
the most prominent forms include wildlife tourism, adventure tourism, and village tourism.
According to UNWTO United Nations World Tourism Organization (2018) India holds a strong
position and lead in sustaining tourism in South Asia region, and is largely benefited from
increasing demand from western source markets and simpler visa procedures. Further, India
ranks 26th in world tourist arrivals, and 7th in receiving international tourist arrivals (323.2
million) at the Asia & the Pacific Region (India tourism Statistics, Ministry of Tourism,
2018).The number of foreign tourist arrivals in India was recorded to be 10.04 million with an
annual growth rate of 14%, whereas the number of domestic tourist visits to all States/UTs was
recorded to be 1652.49 million with an annual growth rate of 2.3%. The foreign exchange
earnings from tourism in India were reported to be Rs. 177874 Crore, with an annual growth rate
of 15.4%.

Total contribution by travel and tourism sector to India’s Gross Domestic Product (GDP) is
expected to increase from Rs 15.24 trillion (US$ 234.03 billion) in 2017 to Rs 32.05 trillion
(US$ 492.21 billion) in 2028. Travel and tourism forms the third largest foreign exchange earner
in India. As of 2017-18, 81.1 million people were employed in the tourism sector in India which
was 12.38 percent of total employment in the country. Considering the potential, the Government
of India (GoI) also realized the inevitable impacts arising from this burgeoning industry.
Therefore, sustainable development of tourism is being promoted and practiced, particularly in
ecologically fragile tourism destinations, under the capacity of ecotourism.

The Forest and Tourism Departments of the states like Andhra Pradesh, Himachal Pradesh,
Karnataka, Kerala, Rajasthan, Sikkim and Uttarakhand have specifically announced policies for
ecotourism laying special emphasis to the involvement of the local communities. This further
necessitates nature-based tourism data record keeping and maintenance as pre-requisite to
promote ecotourism in the country. Currently ecotourism related tourist data records are sparsely
located, but available with the Protected Area (PA) management authorities coming under the
aegis of the regional state forest departments.

PROMOTION OF ECOTOURISM IN INDIA:

Realizing the inevitable impacts of conventional tourism the Ministry of Environment, Forests
and Climate Change (MoEF&CC) formulated the ‘draft Guidelines for Ecotourism in and around
PAs’ for regulated and sustainable tourism in and around such PAs to enhance wilderness
protection and wildlife conservation, while providing nature-compatible livelihoods and greater
incomes for a large number of people living around natural ecosystems. It further aimed to
contribute directly to the protection of wildlife or forest areas, while making the local community
as stakeholders and owners in the process.

The Ministry of tourism (MoT), simultaneously stressing on maintenance of environmental

integrity considers tourism development in an ecologically sustainable manner and recognizes
following cardinal principles for development of ecotourism in India:

1. Involvement of local community and economic development of the area;

2. Identify and minimize conflicts between use of resources for ecotourism and the
livelihood of local inhabitants;
3. Compatibility of the type and scale of ecotourism development with the environment and
socio-cultural characteristics of the local community; and
4. Planning overall area development strategy, guided by an integrated land-use plan while
avoiding inter-sectoral conflicts and ensuring sectoral integration associated with
commensurate expansion of public services.

Simultaneously, the guidelines for Tourism in and around Tigers reserves’ notified by the
National Tiger Conversation Authority (NTCA) also takes cognizance of various matters of
concerns of the MoT, specifically, regulated tourism in PAs of the country while considering
ecotourism:

 Scientific carrying capacity and sustainability principles;

 Conservation fee for eco development and local community upliftment work;
  Conduct of tourism activity in the Core areas and tourism zones where no consumptive
uses, tiger density and recruitment seem to be impacted. Core Critical Habitat as tourism
zone;
 Co-existence of tourism and wildlife; and
 Requirement of hotels to incorporate various eco-friendly measures and architect
keeping in mind the sustainability and energy efficiency in conformity with the local
ethos and use local materials.

The Swadesh Darshan scheme (MoT) for integrated development of theme based tourist circuits
in the country further aims to support communities, provide employment and foster social
integration without comprising upon the environmental concerns, and provide unique
experiences to the tourists. Fifteen theme based circuits have been identified based on special
interest of tourists visiting such places.

Wherein, the ecotourism circuit aims at creating a positive interface between tourists and nature.
Projects sanctioned so far include:

1. Integrated Development of Ecotourism Circuit in Uttarakhand;

2. Development of Eco Circuit I and II in Mizoram;

3. Eco Circuit in Jharkhand;

4. Integrated Development of Ecotourism Circuit in Telangana;

5. Eco circuit in Madhya Pradesh;

6. Development of Ecocircuit in Kerala Thekkady as EcoTourism Circuit.

The only document available with regard to ecotourism policy at national level is the
Ecotourism Policy and Guidelines, 1998 which identifies key players in ecotourism as:
government, developers/operators and suppliers, visitors, host community, non-governmental
organizations (NGOs) and research institutions. Drawing from international guidelines prepared
by tourism industry associations and organizations, the Ecotourism Policy and Guidelines, 1998
issued by the Ministry of Tourism, Government of India represent interests of global industry
players. The policy approach is environmental protection for the sake of profits. The policy
outlines all ecosystems of India as ecotourism resources and states that these have been well
protected and preserved. Where the policy enlists its principles and elaborates operational
aspects for key players in the ecotourism business, the role of communities is considerably
reduced to protecting environmental resources and providing services to tourism in the role of
“hosts”. An environment protected by communities is a resource for ecotourism when tourists
experience the natural beauty. Indigenous and local communities become important
“stakeholders” thereby becoming subservient to a process where environmental protection is
vested from their control and is being pursued for the sake of supporting economic enterprise.
What the policy fails to realize is the cross linkages between ecotourism and the social, cultural,
economic and institutional processes of indigenous and local communities. Their lives are very
closely linked to the environment they live in, and their customs and traditions bear strong
linkages to it.

ROLE OF INDIAN JUDICIARY IN PRESERVING THE WHOLESOME ENVIRONMENT:

The Indian judiciary has also contributed in protecting and preserving wholesome environment
by giving landmark judgments in various cases.

In Niyamavedi And Etc. Vs. State of Kerala And Ors. AIR (1993) Ker 262, the Kerala High
Court found that a project for such a park was designed after consulting many experts who gave
full support to watching wildlife at close quarters, without interfering with the sanctity of flora
and fauna. In the court’s eyes the government’s decision to establish a park after consultation
was a policy decision, which could not to be interfered with.

In Nagarahole Budakattu Hakku Sthapana Samithi v. State of Karnataka AIR (1997) Kar
288, the establishment of a restaurant with board and lodging, in the midst of a national park was
the main issue. On the basis of an 18 year lease from the government, the lessee, a private
company, renovated old building for the establishment of the facility. The Karnataka High Court
held that once an area was declared a national park no one has any right on or over the land,
unless it is specifically granted. Further, subsequent to the Forest (Conservation) Act, 1980
(FCA), no forestland or portion could be assigned by way of a lease or “otherwise” to anybody.
The court noted that the expression “otherwise” denotes that a lease or even an easement is
incapable of being assigned. The lease being contrary to laws relating to, wildlife and forest
conservation, the court ordered to hand over the possession of the building to state government.

An artificial deviation of the flow of a river in forestland, for the purpose of augmenting facilities
of a motel, was challenged in M.C. Mehta v. Kamal Nath & Ors. (1997)1 SCC 388. Quashing
prior approval for the lease, the apex court referred to the evolution of public interest doctrine
under which the state as a trustee has to protect the natural resources for the benefit of the
general public. On the facts of the case, the court found that the bank of the river, which was part
of protected forest, had been leased out for commercial purpose. The state government
committed a patent breach of public trust by leasing out the ecologically fragile land for a hotel.
The formulation and application of the public trust doctrine, in the context of protection of
forests and preservation of natural resources, is a landmark in the growth of Indian
environmental law.

In Union of India v. Kamath Holiday Resorts Pvt. Ltd. AIR (1996) SC 1040, the Supreme
Court disagreed with the argument that the lease for a snack bar and restaurant was necessary for
visiting tourists in the reserved forest. The court observed: “All current streams of thought lead
towards protection of environment and preservation of forest wealth. On the other hand there are
demands in justification of other use telling on the forests. A balance would have to be struck in
a cool and dispassionate manner.” In this case, an officer of the central government leased out
the site in forest for the snack bar. The apex court was categorical that even if the central
government agency grants the lease, prior approval is imperative.

CHALLENGES FACED BY INDIAN ECOTOURISM INDUSTRY:

India’s ecotourism initiative is imperative but facing a number of issues which contradict the
very principle of the concept:

a. Environmental Issues: considering consumerism, tour operators invariably succumb to the

tourist demands and build an artificial landscape. Such changes cost almost the entire ecosystem
dearly. Tourism competes with other forms of development and human activity for natural
resources. The use of natural resources for ecotourism involves an economic, social and
ecological ‘opportunity cost’ that need to compensated appropriately by developers.

b. Socio-Economic Issues: Ecotourism business are often owned and controlled by outside
interests. Hence, accrued economic benefits often are not used for the protection of the areas or
to support the local community. The carrying capacity of host areas is not calculated, leading to
unsustainable extraction of resources. As a result, there is a breakdown of civil amenities during
peak season when the influx of tourists is large.

c. Impacts over local people: Ecotourism is often seen to deceive the locals in two ways. First,
their traditional economic and social structure undergoes a transformation towards tourism
monoculture. Secondly, the promise made to them to provide perennial source of income and
rational distribution of profit made are rarely kept. Hence, cost of ecotourism is borne by locals
and big players make profit.

Going digital can go some way towards addressing these problems. Firstly, it is affordable and
secondly, it is the fastest way for local communities to connect with the world. Partnering with
digital startups and established businesses such as Airbnb and NotOnMap, and using marketing
tools such as video tours to offer a firsthand view of the experience being offered to potential
customers. To boost other sources of revenue such as rural arts & crafts and food products
partnership with e-commerce is highly recommended. This would enable the local entrepreneurs
in reaching out to the wider market and advertising the homestays and other tourism services.

The government has taken initiatives to recognize the service sector in the new definition of
MSME, removing the distinction between manufacturing and service-based MSMEs (India
Today, 2020). With the revised definition of MSMEs, the tourism sector has been recognized as
a service sector. It can now avail the same benefits being given to manufacturing businesses for
quite a long time.

However, this alone is not sufficient. Government schemes must move beyond incentives for
homestay construction and should include schemes for private individual investment into
homestays through personal tax benefits. It has been observed on the ground that people are
motivated to join the unconventional tourism bandwagon, but structural constraints and
vulnerability to failure restrict the entrepreneurial spirit. Currently, the financial footprint of
government schemes is very low for SMEs and needs to be more inclusive, thus garnering
benefits for the local communities and the tourism sector.
 ECOTOURISM AND INTERNATIONAL LAW

Ecotourism is a big business across the world. Ecotourism refers to the types of tourism with
quite serious legal restrictions associated with visiting certain natural objects, particularly
specially protected areas. At the same time, the restrictions set should not be arbitrary. Equity
should be considered as a key principle of good governance and ecotourism policy, including
when establishing legal restrictions.

On the international level it is worth mentioning the UNWTO, United Nations World Tourist
Organization. This is the leading agency in the field of tourism recognized by the United
Nations and it is specialized in coordinating tourism politics and developing a sustainable
tourism. 157 Member States have adhered to UNWTO, and Italy acceded in 1978. Critically, the
UNWTO promotes tourism as a driver of economic growth, inclusive development and
environmental sustainability. The most important non-binding acts that the UNWTO approved
are the Manila Declaration on World Tourism (Manila, 1980), the Tourism Bill of Rights and
Tourist Code (Sofia, 1985) the Charter for Sustainable Tourism (Lanzarote, 1995) and the Global
Code of Ethics for Tourism (Santiago, 1999). Despite the fact that these are non-binding acts,
they are of great relevance as they represent important instruments of foreign tourism policy.

UNWTO encourage the implementation of the Global Code of Ethics for Tourism, which is a
comprehensive set of principles for responsible tourism aiming to “help maximize sector’s
benefits while minimizing its potential negative impact on the environment”.

Biodiversity of an ecosystem is a vital issue of an economy. Soil, water, climatic condition,

forest cover and biodiversity are crucial in determining the renewable resource flow of an
economy. As the uncontrolled economic activities resulted in the raise in global temperature,
increased natural calamities etc., need for biodiversity conservation was felt all over the world.
At this juncture ecotourism emerged as a tool for sustainable development of the economy, as it
is believed that economic development of the country can be done with the adoption of
ecotourism, without disturbing the ecosystem in a large scale.

Though the concept gained momentum and most of the developing countries adopted this type of
tourism, there was a voice against such activity by the minority, as uncontrolled ecotourism can
also be a good cause to ruin the rich biodiversity. With this regard, first initiation was taken at
the 5th Conference of the Parties (COP) of the Convention on Biological Diversity (CBD) in
Nairobi May 15- 26, 2000 to discuss the negative and positive impacts of ecotourism on
biodiversity. Though COP noted the drawback of ecotourism as “self regulation of the tourism
industry for sustainable use of biological resources has only rarely been successful”, decision of
COP states that:
“Tourism does present a significant potential for realizing benefits in terms of the conservation
of biological diversity and the sustainable use of its components.”

Despite this acknowledgement of the inherent imitations of voluntary approaches, the parties to
the CBD subsequently embarked on a process to elaborate voluntary Guidelines for Biodiversity
and Tourism Development, which were adopted in the 7th meeting of the Conference of the
Parties to the Convention on Biological Diversity at Kuala Lumpur, Malaysia, in February
9-20, 2004. The need to involve indigenous people and local communities in tourism
development is mentioned in these guidelines, but only as a voluntary measure. The CBD
recognized the difficulty of the communities to compete in a market that is “fiercely
competitive” and “controlled by financial interests located away from tourist destinations”.

Article I of the Charter of Tourism (22 September 1985) recognizes the right of everyone to
rest and leisure, as well as the right to move freely without restrictions other than those provided
for by law. Article XIII of the tourist Code of September 22, 1985 [5], developing the provisions
of article I of the Charter of tourism sets, that taking into account existing rules and restrictions,
tourists should be given freedom of movement and free access both inside and outside their
countries to places and certain areas of tourist interest. From the content of these rules, it can be
reasonably concluded that these rights are not absolute and are subject to certain and necessary
legal restrictions.

The Charter of Sustainable Tourism Development (27-28 April 1995) stipulated that tourism
should be based on sustainability criteria, i.e. be environmentally acceptable in the long term,
ethically and socially equitable for local communities. As a requirement of rational management
of tourism, the sustainability of resources, their guarantee by the state is determined (article 1).
Therefore, state authorities not only can, but also must establish rational (sufficient and
necessary) legal restrictions designed to promote sustainable development, to ensure a balance
between tourism and nature.

In paragraph 4 of part A of the Manila Declaration on World Tourism (September 27-

October 10, 1980), the obligation of society to provide its citizens with means of access to
tourism is imposed. These means must be real, effective, non-discriminatory and consistent with
priorities, legislation and traditions. Paragraph 18 of the Declaration also sets the protection of
historical, cultural and religious sites in all circumstances, especially during conflicts as the
primary duty of the state. In paragraph 18 of the Declaration it is also established that tourist
resources are the property of mankind, consist of both natural resources and material values, and
their uncontrolled use can lead to their depletion or even to their complete disappearance; the
satisfaction of tourist needs should not harm the social and economic interests of the population,
the environment, natural resources, as well as historical and cultural places.

Principle III of the Hague Declaration on Tourism (30 March - 14 April 1939) establishes
the following: a) the main condition for the development of tourism is the unspoiled natural,
cultural and human environment; b) a significant contribution to the protection and development
of the environment, cultural heritage, to improving the standard of living can be made through
the rational management of tourism. Also, Paragraph 39 of principle III of the Hague Declaration
on Tourism, adopted at the Inter-parliamentary Conference on Tourism, together with the Inter-
Parliamentary Union (IPU) and the World Tourism Organization (WTO) from 30 March to 14
April 1939 enshrines the need for simplification of tourist formalities, which should be
understood as coordinated policies and actions of States to promote and encourage both
individual and collective tourist travel, trips and stays. "Good" tourism, including ecotourism,
should be actively promoted in modern society, including the use of digital technologies aimed at
environmental education and raising environmental awareness.

The Quebec Declaration on Ecotourism (May 19-22, 2002) establishes that ecotourism plays a
leading role in the implementation of sustainable development practices in the tourism sector.
Various forms of tourism, especially ecotourism, should be an important basis for the
conservation and sustainable use of nature. The Declaration notes that the lack of planning and
management of tourism activities contributes to the deterioration of natural landscapes, poses a
threat to wildlife and biodiversity. In order to develop nature, in certain cases, the rejection of
ecotourism can be used. The Declaration recognizes that visitors are responsible for the
sustainability of the environment, including through the choice of a specific travel route.

An important regulator of tourism activity is self-regulation of tourism through the activities of

various public tourism organizations. In the field of ecotourism such societies as The
International Ecotourism Society (TIES), 'Dersu Uzala' Ecotourism Development Fund,
International Ecotourism Society, and Ecotourism Association (AET) are created. The
Declaration of the ecotourism Association notes that today there is a spontaneous development
of ecotourism. This is a serious danger. Without proper planning and management, in the
absence of knowledge and experience in this specific field of activity, ecotourism cannot provide
significant economic benefits to protected areas and local residents. Instead, it can cause
irreparable damage to unique ecosystems and discredit the very idea of ecotourism.
Environmental and educational organizations, citizens, actively using their rights, including the
right to appeal to the authorities, can contribute to the establishment of fair legal regulation in the
field of ecotourism.

The United Nations Conference on Environment and Development (UNCED), in 1992

transformed the concept into more concrete international commitments and agendas, resulting in
unprecedented intergovernmental and NGO commitments to greenhouse gas emission
reductions, biodiversity conservation and implementation of Agenda 21 (Castro 2004). The Rio
+5 summit in 1997 and the Rio +10 in 2002 summit furthered the pervasiveness of this
discourse, leading it to becoming a metafix uniting all interests from the profit-making
industrialist to the subsistence farmer, social equity seeking-development worker, wildlife
conservationist and thus the vote-counting politician.
 COMPARATIVE ANALYSIS REGARDING LAWS WITH
RESPECT TO ECOTOURISM IN INDIA, NEPAL AND BHUTAN

Ecotourism is very burning issue and one of the fastest growing sectors in current world tourism
industry. In all the three countries of India, Nepal and Bhutan among which this article aims to
draw a comparative analysis regarding ecotourism, it is rather easy to state that the concept of
ecotourism was recognized and began to gain momentum as soon as people and governments of
the said countries came to acknowledge the adverse impacts of the age-old concept of mass
tourism upon environment. So it seems to these countries the right time to implement the
principles of ecotourism in the growing field of tourism so that it can help to conserve natural
ecosystems and promote local culture while protecting generation old cultural and religious
heritages by curbing the fast growth of tourism. Ecotourism could provide maximum benefits for
local communities with environmental conservation through maximum involvement of all
stakeholders of the tourism industry to aware the need of ecotourism as a responsible tourism to
promote balance development in the country. Except the Bhutan, the counties of Nepal and India
have formulated legal provisions, policies and schemes, incorporated certain measures in order to
implement the principles of ecotourism.

NEPAL: There are various national and international organizations such a Department of
National Parks and Wildlife Conservation (DNPWC), World Wildlife Fund (WWF) and King
Mahendra Trust for Nature Conservation (KMTNC) mainly involved in developing ecotourism
and other international agencies like World conservation Union/ International Union for
Conservation of Nature and Natural Resources (IUCN), and International Centre for Integrated
Mountain Development(ICIMOD) have also been persistently supporting the development of
ecotourism in Nepal. The Country has enacted the Natural Park and Wildlife Conservation Act in
1973. DNPWC is an important agency, working with a network of 9 National Parks, 3 Wild life
reserves, 3 conservation areas and one hunting reserve together with 11 buffer zones around
National parks occupying a total area of 28,999 km2 or 19.70 percent of the total land of the
country. Later other many significant efforts such as establishment of Annapurna Conservation
Area Project (ACAP) in 1986, Ghalegaon Sikles Ecotourism Project (GSEP) 1992,
Kanchenjunga Community Based Ecotourism Project, 1998, Manaslu Nature Based Ecotourism
Project, 1999, Upper Mustang Biodiversity Conservation Project, 2000, and special focus on
ecotourism in Ninth Five Year Plan (1997- 2002) also paved the way to flourish ecotourism in
the Nepalese tourism industry. ACAP is one of the most successful ecotourism projects in South
Asian region that support nature based ecotourism with other various conservation and
development programmes efficiently. The Industrial Enterprises Act, 1992 and Environmental
Protection Act, 1996 also help to aware people about environmental protection and eco-friendly
activities.

INDIA: India attracts an increasing number of tourists each year. As already notes above the
most important feature of the growing ecotourism industry in India is its capacity to generate
large-scale employment opportunities, particularly in remote and underdeveloped area. Realizing
the catastrophic impacts of conventional tourism the Ministry of Environment, Forests and
Climate Change (MoEF&CC) formulated the ‘draft Guidelines for Ecotourism in and around
PAs’ for regulated and sustainable tourism in and around such PAs to enhance wilderness
protection and wildlife conservation, while providing nature-compatible livelihoods and greater
incomes for a large number of people living around natural ecosystems. It further aimed to
contribute directly to the protection of wildlife or forest areas, while making the local community
as stakeholders and owners in the process. Simultaneously, the guidelines for tourism in and
around Tigers reserves’ notified by the National Tiger Conversation Authority (NTCA),
Swadesh Darshan scheme (MoT) for integrated development of theme based tourist circuits, and
most importantly national level is the Ecotourism Policy and Guidelines, 1998 aims at aiding to
the ecotourism industry of the country.

BHUTAN: Bhutan’s long-term strategy of controlled tourism with a focus on sustainability and
quality has secured the country’s reputation as an exclusive and distinctive destination while
ensuring the long-term sustainability of the industry and its contribution to the economy.
Wangchuck Centennial National Park (WCP) in northern Bhutan is the country’s largest
conservation area and a huge draw for tourists, yet many of the region’s residents struggle to
make a living. Under a new livelihood development programme, WWF and the Royal
Government of Bhutan have developed an ecotourism project – ‘the homestay programme’ –
designed to stem the region’s rural-urban migration, and distribute tourist-related funds amongst
the rural population.

The problem is that most travel companies and tourists come to WCP with their own guides,
their own tents, their own food and stoves, and walk straight past the villages, leaving nothing
but footprints. The homestay programme’, offers the tourists the chance to stay in a traditional
Bhutanese home, and provides the homeowners with an opportunity to benefit from the growing
tourist industry. So far 21 homes have opened their doors to the tourists – all of them situated
within WCP, Bhutan’s largest National Park, covering almost 5000km2.

Agriculture is the region’s primary source of livelihood, but the wild nature of the region means
that human-wildlife conflicts are common – farming here is a constant battle against the wildlife.
Pigs and deer eat your crops and big cats and wolves eat your livestock. And now, given the
region’s designation as a National Park, the farmers have to adhere to a new set of rules, they can
no longer just kill the wolves or wild boar. This added challenge of sustainable agriculture,
combined with the growing population of the region, means that many of the young men have to
leave the rural villages to look for the work elsewhere.
Many of WCP’s remote villages tend to be full of young girls and women with no jobs and
limited educations and yet they live in one of the country’s most popular tourist attractions.
Recognizing this, WCP (co-managed by WWF-Bhutan and the Royal Government of Bhutan),
developed ‘the homestay programme’. The country is aiming for is for homestays to be dotted
throughout the region, so that tourists can trek between the villages and stay with locals, rather
than camping or staying in larger resorts providing the villagers with an alternative source
livelihood in the form of payment for rooms, meals, drinks etc.

The development of ecotourism industry in India, Nepal and Bhutan is faced varied number of
challenges. While the ecotourism industry of Nepal is faced challenges such as unplanned tourism
activities, tour management during peak visitation season, lack of English language
communication skills, lack of education, climate change, the ecotourism industry of Bhutan
encounters the biggest challenges of accessibility and seasonality. Also, one of the world’s fastest
growing economies and a tourist hotspot India too is faced with environmental and socio-
economic challenges in its ecotourism industry.
 CONCLUSION

In conclusion we can say that, ecotourism or environmentally-responsible tourism is

synonymously used with natural-area tourism, and stands on the cornerstones of benefit to
environment, benefit to communities, conservation and interpretations. The primary goal of
ecotourism is to enable tourists to enjoy nature and wilderness areas in its full glory without
causing any disturbance, such that it fosters sustainable use through resource conservation,
cultural revival, and economic development and diversification. Its purpose is to educate the
traveler, to provide funds for ecological conservation, to directly benefit the economic
development and political empowerment of local communities, or to foster respect for different
cultures and for human rights. The emphasis on sustainability recognizes the ecological and
cultural elements as a key guiding principle in the management of human activity from
ecotourism. Especially for ecotourism purposes there have been certain suggestions that this
sector should emerge with the so-called ‘nature-centred planning’ syndrome. In that the ‘tourism
should be adjusted to nature’s needs not nature to tourism’s needs, or to adopt the jargon of
economics, ecotourism should be supply-driven not demand-driven’

.
 BIBLIOGRAPHY

The material in this document is derived from the sources stated as under –

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