scholarly journals HOW TO PROTECT THE RIGHTS OF INDIGENOUS PEOPLES TO PRIOR INFORMED CONSENT AND BENEFIT SHARING IN RESPECT OF MEDICAL INTERVENTIONS OR SCIENTIFIC RESEARCH IN THE ‘GLOBAL BIOMEDICAL CONVENTION’: LESSONS FROM INTERNATIONAL BIODIVERSITY LAW AND BIOPIRACY CASE

2018 ◽  
Vol 2 (4) ◽  
pp. 189-222
Author(s):  
Jinyup KIM
Keyword(s):  
Informed Consent ◽  
Indigenous Peoples ◽  
Scientific Research ◽  
Benefit Sharing ◽  
Medical Interventions ◽  
Prior Informed Consent

scholarly journals RECOGNITION OF INDIGENOUS PEOPLES IN ACCESS AND BENEFIT SHARING (ABS) LEGISLATION AND POLICIES OF THE PARTIES TO THE NAGOYA PROTOCOL

2018 ◽  
Vol 5 (3) ◽  
pp. 86-113
Author(s):  
H. Arjjumend
Keyword(s):  
Informed Consent ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Free Access ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of indigenous peoples and local communities (ILCs) in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). States Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the prior informed consent of indigenous communities and their effective involvement in preparing mutually agreed terms before accessing genetic resources and associated traditional knowledge or utilizing them. Within the ambit of contemporary debates encompassing indigenous peoples’ right to self-determination, this paper examines the effectiveness of the percolation of the legal intent of international law into existing or evolving domestic laws, policies or administrative measures of the Parties on access and benefit sharing. Through an opinion survey of indigenous organizations and the competent national authorities of the Parties to the Convention on Biological Diversity (CBD), the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for the rights of indigenous communities are too inadequate to effectively implement the statutory provisions related to prior informed consent, mutually agreed terms and indigenous peoples’ free access to biological resources as envisaged in the Nagoya Protocol. As these bio-cultural rights of indigenous peoples are key to the conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS law and policies.

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.

Case study on medicinal plant research in guinea: Prior informed consent, focused benefit sharing, and compliance with the convention on biological diversity

2001 ◽  
Vol 55 (4) ◽  
pp. 478-491 ◽  
Author(s):  
Thomas J. Carlson ◽  
Barry Mamadou Foula ◽  
Julie A. Chinnock ◽  
Steven R. King ◽  
Gandeka Abdourahmaue ◽  
...  
Keyword(s):  
Informed Consent ◽  
Medicinal Plant ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Prior Informed Consent ◽  
Plant Research

Challenges Related to Protection of Indigenous Resources Against Biopiracy

2020 ◽  
pp. 124-139
Author(s):  
Zubair Ahmed Khan
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Conflict Of Interest ◽  
Environmental Sustainability ◽  
Indigenous Communities ◽  
Natural Rights ◽  
Benefit Sharing ◽  
International Treaties ◽  
Prior Informed Consent ◽  
Tribal Societies

The protection of indigenous/aboriginal resources is one of the important aspects of biodiversity justice. Many international treaties and conventions legitimised natural rights and privileges of tribal societies and indigenous communities. But some interventionist practices like a conflict of interest in bioprospecting agreement and biopiracy have become major concerns for prospering third-world countries. Strategic application of prior-informed consent and benefit-sharing procedures will definitely meet socio-environmental sustainability in the country. The responsibility and liability of state biodiversity authority and local biodiversity committee at village level need to be fixed to maintain transparency and accountability. Conservation of ethnobiological resources is also important in the view of increasing patent infringement. That's why issues of patentability must include complete disclosure of specification claims even in the case foreign natural resources.

Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Resulting from their Use – The Challenges of a New Concept

elni Review ◽  
2008 ◽  
pp. 12-18 ◽  
Author(s):  
Susette Biber-Klemm
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Prior Informed Consent ◽  
Equitable Sharing ◽  
Insight Into

The system of access and benefit sharing (ABS) – or more technically worded “Access to Genetic Resources and Fair and Equitable Sharing of Benefits resulting from their utilisation” – is one of the most debated topics in the field of conservation and sustainable use of biodiversity. Explained in a nutshell, the system institutionalises, on the basis of the national sovereignty over natural resources, conditions for access to and utilisation of genetic resources and – indirectly – also to traditional knowledge related to these genetic resources. It prescribes the well-known triad of Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and the benefit sharing. This article presents some of the current debates in more detail. In order to facilitate insight into the challenges of the system, the background and context of its evolution are described and analysed.

scholarly journals Legal Protection on Indigenous Herbs of Madura through Geographical Indications

2018 ◽  
Vol 54 ◽  
pp. 06013
Author(s):  
Habib Adjie ◽  
Tanudjaja ◽  
Woro Winandi ◽  
Moh. Saleh
Keyword(s):  
Informed Consent ◽  
Local Community ◽  
Legal Protection ◽  
Developed Countries ◽  
Benefit Sharing ◽  
Geographical Indication ◽  
Prior Informed Consent ◽  
Local Business ◽  
The Government ◽  
Foreign Entrepreneur

Indigenous Herbs of Madura is the productt of intellectual creativity of local community in Madura which spread over four regions, namely Bangkalan, Sampang, Pamekasan, and Sumenep. Indigenous Herbs of Madura is part of traditional medicine which produced heredity by Madurese society. To prevent misappropriation from developed countries, the Indigenous Herbs of Madura must be legally protected. The model of legal protection of the Indigenous Herbs of Madura can be done using Geographical Indication Certificate of the Government of East Java Province or by an institution or association of the entrepreneurs of Indegenous Herbs of Madura with its membership covering four regions in Madura. The Geographical Indication Certificate becomes the basis for granting permission to utilize the original ingredients of Madurese by either local entrepreneur or other local business in Madura, or by foreign entrepreneur. In the event that such utilization permits are granted against a local business entrepreneur in Madura or to a foreign entrepreneur, a prior informed consent of Madurese (prior informed consent) and benefit sharing is required for the local community in Madura.

Prospecting for Marine and Coastal Biodiversity: International Law in Deep Water?

1998 ◽  
Vol 13 (1) ◽  
pp. 91-104
Author(s):  
Gadtan Verhoosel
Keyword(s):  
Developing Countries ◽  
Informed Consent ◽  
Genetic Resources ◽  
International Law ◽  
Sustainable Use ◽  
Economic Incentive ◽  
Benefit Sharing ◽  
Prior Informed Consent ◽  
Potential Impact ◽  
Convention On Biodiversity

AbstractAlthough formally covered by the Convention on Biodiversity (CBD), the protection of marine and coastal ecosystems has been somewhat neglected in the post-UNCED era. The Jakarta Mandate has redirected attention to marine and coastal biodiversity. The CBD had conceived benefit-sharing as an economic incentive for the goals of conservation and sustainable use to be implemented by developing countries. Benefit-sharing can only be implemented if developing countries can control their marine and coastal genetic resources with regard to bioprospecting activities through prior informed consent, and if developed states are legally obliged to take the necessary measures with the aim of sharing the revenues from the utilisation of marine and coastal genetic resources and transferring biotechnology. This article examines the potential impact of the relevant LOS Convention provisions concerning marine scientific research and technology transfer on the benefit-sharing regime for marine and coastal genetic resources.

scholarly journals Taking an Early Step in Ethnobiological Research: A Proposal for Obtaining Prior and Informed Consent from Indigenous Peoples

2018 ◽  
Vol 9 (1) ◽  
pp. 76-85 ◽  
Author(s):  
Armando Medinaceli
Keyword(s):  
Informed Consent ◽  
Indigenous Peoples ◽  
Ethical Guidelines ◽  
Early Step ◽  
International Policy ◽  
Prior Informed Consent

Based on my own experiences from the field, in this paper I reflect on my work in Bolivia and Guatemala, collaborating with the Tsimane’ and Q’eqchi’ peoples, respectively. The aim of this reflection is to propose a set of guidelines for an early step in ethnobiological research. I understand an early step of research to be obtaining prior, informed consent of the peoples with whom we collaborate; a step I argue should be formalized and included as part of research proposals and documents (publications) resulting from the research. This guideline is offered simply as a reference for encouraging researchers to engage with the collaborating communities in a proper, ethical, and respectful way as a first step in our fieldwork. This proposed guideline, while motivating researchers to engage in this process, also encourages them to adapt and modify the guideline to the particular local situation where the planned research will take place. The proposal responds to local customs and traditions, while also following critical ethical guidelines for ethnobiological research, as well as national and international policy relevant to our field of research. It is therefore relevant to any region and community of collaborators where research takes place.

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