Monetary benefit sharing from dams: A few examples of financial partnerships with Indigenous communities in Québec (Canada)

2007 ◽  
Vol 5 (3) ◽  
pp. 235-244 ◽  
Author(s):  
Dominique Égré ◽  
Vincent Roquet ◽  
Carine Durocher
Keyword(s):  
Indigenous Communities ◽  
Benefit Sharing ◽  
Monetary Benefit

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

2012 ◽  
Vol 19 (3) ◽  
pp. 401-422 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Informed Consent ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent ◽  
Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

Survival of the Fittest Protection of Indigenous Knowledge

2022 ◽  
pp. 294-316
Author(s):  
Stewart Lee Kugara ◽  
Tsetselelani Decide Mdhluli ◽  
Pfarelo Eva Matshidze
Keyword(s):  
Indigenous Knowledge ◽  
Indigenous Communities ◽  
Legal Framework ◽  
Knowledge Systems ◽  
Benefit Sharing ◽  
Qualitative Design ◽  
Indigenous Knowledge Systems ◽  
The Rich ◽  
Legal Methodology ◽  
Survival Of The Fittest

This chapter reflects on numerous protections that are available for indigenous knowledge from those who misappropriate it for personal aggrandizement without regard of the holders of the knowledge. The chapter is underpinned on the Afrocentricity and Sankofa theories. A socio-legal methodology was adopted to ground the work to enable students studying indigenous knowledge systems to have a foundation and be able to follow the interdisciplinarity in the writing. As such, a doctrinal approach and qualitative design were engaged to buttress the philosophical reasoning and capture the rich and unrecorded knowledge of inorganic intellectuals. The chapter's standpoint is that the protection of indigenous knowledge requires African-tailored legislation that resonates with indigenous communities' beliefs and are pragmatic yet innovative to bring benefit sharing. In pursuing this, a normative legal framework that could be utilised in the protection of indigenous knowledge is explored.

scholarly journals Towards Understanding Benefit Sharing between Extractive Industries and Indigenous/Local Communities in the Arctic

Resources ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 48 ◽  
Author(s):  
Maria S. Tysiachniouk ◽  
Andrey N. Petrov ◽  
Violetta Gassiy
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Local Communities ◽  
Extractive Industries ◽  
Benefit Sharing ◽  
The Arctic ◽  
Arctic Regions ◽  
Compensation Mechanisms ◽  
Corporate Social ◽  
Industrial Resource

The aim of this Special Issue is to provide a comprehensive view of the benefit sharing and compensation mechanisms for the Indigenous Peoples and local communities in the Arctic and sub-Arctic regions due to industrial resource extraction. The papers cover the following topics: (1) Benefit-sharing frameworks in the Arctic. (2) Corporate social responsibility standards and benefit sharing by extractive industries in the Arctic. (3) Benefit sharing and international and national legislation. (4) The practice of implementing legislation to support Indigenous and local interests. (5) The methodologies for assessing compensation to Indigenous communities from extractive industries.

Vulnerability and Indigenous Communities: Are the San of South Africa a Vulnerable People?

2009 ◽  
Vol 18 (2) ◽  
pp. 147-154 ◽  
Author(s):  
ROGER CHENNELLS
Keyword(s):  
South Africa ◽  
Political Philosophy ◽  
International Law ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Healthcare Ethics ◽  
Vulnerable People

In recent years, healthcare ethics, international law, and political philosophy have been moving closer together. The previously missing links are considerations of justice and their recognition through legal instruments. The most obvious example to date is the topic of benefit sharing.

Global governance: Promoting biodiversity and protecting indigenous communities against biopiracy

1969 ◽  
Vol 17 (3) ◽  
Author(s):  
Bryan A Liang
Keyword(s):  
Civil Society ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Civil Society Organizations ◽  
Benefit Sharing ◽  
Pharmaceutical Companies ◽  
Biodiversity Management ◽  
Public And Private ◽  
Drug Discovery And Development

Many potentially useful medicines arise from developing countries’ biodiverse environments as well as from indigenous community knowledge. This bioprospecting has become an important strategy in drug discovery and development. However, global intellectual property rules have resulted in biopiracy, where public and private entities have exploited natural and ethnic resources without benefit sharing with indigenous peoples. Sovereign-based approaches have not led to adequate biodiversity management. There is tremendous opportunity for public-private partnerships to fill this void. Coupling pharmaceutical companies with indigenous peoples, civil society organizations, and country academics, long term, trust-based relationships can provide equitable benefits sharing and effective biodiversity management.

scholarly journals Mobilizing Benefit-Sharing Through Transportation Infrastructure: Informal Roads, Extractive Industries and Benefit-Sharing in the Irkutsk Oil and Gas Region, Russia

Resources ◽  
2020 ◽  
Vol 9 (3) ◽  
pp. 21
Author(s):  
Vera Kuklina ◽  
Andrey N Petrov ◽  
Natalia Krasnoshtanova ◽  
Viktor Bogdanov
Keyword(s):  
Oil And Gas ◽  
Consumer Preferences ◽  
Road Networks ◽  
Indigenous Communities ◽  
Field Studies ◽  
Benefit Sharing ◽  
Infrastructure Development ◽  
Unintended Effects ◽  
The Road ◽  
Secondary Sources

Road infrastructure development is an existing, but not a frequent element of extractive industry benefit-sharing frameworks in remote northern regions. However, it is often at the center of extractive activity and inflicts major impact on environment and communities. This paper examines the benefits and impacts derived from development of informal roads, i.e., vehicular roadways beyond the current publicly-governed road networks constructed, maintained and/or used by various entities and individuals based on private, special purpose and/or informal practices and regulations. Based on several field studies, GIS analysis of road networks and examination of secondary sources, the article investigates the use of informal roads as a form of benefit-sharing and details their impact on mobilities, environment and livelihoods of local and indigenous communities in the Irkutsk Oil and Gas region, Russia. We argue that construction, maintenance and use of the industry-built roads can be a part of benefit-sharing agreements, albeit mostly semi-formal and negotiated. The gains and problems stemming from ‘trickle-down’ (i.e., unintended) effects of the road networks are the most significant. The community-relevant implications of informal roads go far beyond immediate impacts on surrounding environment, but deeply affect subsistence activities, mobility, food security, personal safety and even consumer preferences of the indigenous residents.

scholarly journals Developing a Methodology to Balance Benefit-Sharing: Application in the Context of Biodiversity Beyond National Jurisdiction

2020 ◽  
Vol 1 (1) ◽  
pp. 24-39
Author(s):  
Jane Eva Collins ◽  
Aysegul Sirakaya ◽  
Thomas Vanagt ◽  
Isabelle Huys
Keyword(s):  
Research Funding ◽  
Sequence Data ◽  
Sustainable Use ◽  
Decision Makers ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Genetic Sequence ◽  
Monetary Benefit ◽  
Starting Point ◽  
National Jurisdiction

The effectiveness and success of benefit-sharing measures to date, particularly in contributing towards the conservation and sustainable use of biodiversity, has been questionable. This is likely related to the degree of beneficial impacts versus burden on the users and regulatory authorities in terms of administrative complexities. It is, therefore, timely to reconsider which forms of benefit-sharing may most favourably balance the associated beneficial and burdensome aspects. The aim of this paper is to develop and demonstrate a benefit-sharing balance methodology which can be used as a tool to help decision-makers to select options in an objective and transparent manner. Application in the biodiversity beyond national jurisdiction context provides a useful example of how this tool can be used. Results suggest that sharing of genetic sequence data and research results provide the most favourable balance in terms of non-monetary benefit sharing, whilst the most favourable monetary benefit-sharing options were associated with research funding and salaries. The benefit-sharing balance methodology presented here provides a useful tool and starting point, which can be built upon in the future, to include more detailed information gathered from expert groups to consolidate the perceived balance of beneficial impacts versus burden. In addition, the equation can be tailored according to different policy settings where different benefit-sharing factors may be more appropriate. Ultimately, use of this tool could help to enhance implementation of benefit-sharing policies/legislation with greater potential to balance beneficial impacts with associated burden, thereby enhancing workability of the access and benefit-sharing system as a whole.

scholarly journals Recognition of Customary Law and Institutions and Community Protocols of Indigenous People in Domestic ABS Legislation or Policies in Accordance with the Provisions of Nagoya Protocol

2018 ◽  
Vol 5 (2) ◽  
pp. 67-82
Author(s):  
Hasrat Arjjumend
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Sustainable Use ◽  
Indigenous Communities ◽  
Local Communities ◽  
Customary Law ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Customary Laws

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies.

An integrated system of observations driven by societal benefit

2021 ◽  
Author(s):  
Jan Rene Larsen ◽  
Sandy Starkweather
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Integrated System ◽  
Data System ◽  
Benefit Sharing ◽  
Global Ocean ◽  
Success Factor ◽  
Data Systems ◽  
Global Networks ◽  
Societal Benefit

<p>Sustaining Arctic Observing Networks (SAON) and its committees have emerged as a vital regional facilitator for advancing sustained investments in Arctic observing and data management across a partnership of Arctic and non-Arctic countries, regional and global organizations, including those of Arctic Indigenous Peoples. The lack of a consistent, equitable and holistic planning mechanism has hampered efforts to strategically improve these systems. In response, SAON set forth a vision in its 2018-2028 strategic plan to develop a Roadmap for Arctic Observing and Data Systems (ROADS) to address this systemic shortcoming and improve linkages across independently funded efforts. ROADS will address this short-coming through generating a systems-level view of observing and data system impacts, requirements and implementation strategies under its Roadmap and engaging a diverse and inclusive group of actors to deliver it. A critical success factor for ROADS is the equitable inclusion of Indigenous Peoples in the design and development process, which presents specific challenges. These challenges include differing world views of knowledge systems and historical and current inequities that have limited the degree to which Indigenous communities and organizations can make their voices heard or support the human capacity required to engage in planning. ROADS is embedding strategies to address these challenges, particularly focused on funding Indigenous expertise.</p><p> </p><p>ROADS is both a holistic concept, building from the societal benefit-based approach of the International Arctic Observing Assessment Framework, and one that can proceed step-wise so that the most imperative Arctic observing elements can be rapidly improved and accessed through interoperable data systems. The concept of Shared Arctic Variables (SAVs) occupies a central place in the ROADS planning process (Fig. 1). SAVs are linked to the essential variable strategies of broader global networks (e.g. Global Ocean Observing System, Global Atmospheric Watch), and through an emphasis on broadly shared societal benefit, extend their definitions in support of Indigenous-led benefit and regionally identified science and decision-making needs. Guided by a principle of benefit sharing, the ROADS process is designed to engage diverse partnerships of experts across sectors in support of integrated Arctic observing and data system development</p>

Sign in / Sign up

Export Citation Format

Share Document