scholarly journals What We Talk About When We Talk About ‘Local’ Participation: Indigenous Peoples and Local Communities’ Participation Under the Convention on Biological Diversity

2018 ◽  
Author(s):  
Louisa Parks ◽  
Mika Schroder
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Local Communities ◽  
Convention On Biological Diversity ◽  
Local Participation

Negotiating the Nagoya Protocol: Indigenous Demands for Justice

2014 ◽  
Vol 14 (3) ◽  
pp. 102-124 ◽  
Author(s):  
Kimberly R. Marion Suiseeya
Keyword(s):  
Genetic Resources ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Local Communities ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Shared Meanings ◽  
Global Demand ◽  
Equitable Sharing ◽  
Resources Exploitation

In October 2010, parties to the Convention on Biological Diversity adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. One impetus behind the Nagoya Protocol was the mandate to address the unjust impacts—such as the loss of access to resources, exploitation of traditional knowledge, and expropriation of rights to resources—of the global demand for genetic resources on indigenous peoples and local communities (ILCs). Using collaborative event ethnography, this article demonstrates the limited nature, scope, and engagement of the ILC justice discourse in the negotiations, despite the supposedly inclusive nature of the CBD. I attribute the constrained discourse in part to the existence of a justice metanorm as evidenced through the emergence of shared meanings and prescriptive status of justice instruments.

scholarly journals Recognizing Indigenous peoples’ and local communities’ rights and agency in the post-2020 Biodiversity Agenda

AMBIO ◽  
2021 ◽  
Author(s):  
Victoria Reyes-García ◽  
Álvaro Fernández-Llamazares ◽  
Yildiz Aumeeruddy-Thomas ◽  
Petra Benyei ◽  
Rainer W. Bussmann ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Local Communities ◽  
Convention On Biological Diversity ◽  
Transformative Change ◽  
Local Livelihoods ◽  
Key Points ◽  
Biodiversity Policy ◽  
Global Biodiversity ◽  
Biodiversity Decline

AbstractThe Convention on Biological Diversity is defining the goals that will frame future global biodiversity policy in a context of rapid biodiversity decline and under pressure to make transformative change. Drawing on the work of Indigenous and non-Indigenous scholars, we argue that transformative change requires the foregrounding of Indigenous peoples’ and local communities’ rights and agency in biodiversity policy. We support this argument with four key points. First, Indigenous peoples and local communities hold knowledge essential for setting realistic and effective biodiversity targets that simultaneously improve local livelihoods. Second, Indigenous peoples’ conceptualizations of nature sustain and manifest CBD’s 2050 vision of “Living in harmony with nature.” Third, Indigenous peoples’ and local communities’ participation in biodiversity policy contributes to the recognition of human and Indigenous peoples’ rights. And fourth, engagement in biodiversity policy is essential for Indigenous peoples and local communities to be able to exercise their recognized rights to territories and resources.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

The Protection of the Culturally and Spiritually Important Landscapes of Arctic Indigenous Peoples under the Convention on Biological Diversity and First Experiences from the Application of the Akwé:Kon Guidelines in Finland

2014 ◽  
Vol 6 (1) ◽  
pp. 189-225
Author(s):  
Leena Heinämäki ◽  
Thora Martina Herrmann ◽  
Antje Neumann
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Cultural Landscapes ◽  
Local Level ◽  
Implementation Process ◽  
Arctic Region ◽  
The Arctic ◽  
Convention On Biological Diversity ◽  
Wilderness Area ◽  
Testing Case

Culturally and spiritually important landscapes in the Arctic region express the interconnectedness of Indigenous Peoples with the natural and spiritual environment, and their preservation has been, and continues to be, essential to Indigenous People’s identity and traditional livelihoods. During the last decade, the importance of cultural landscapes for the conservation of biological and cultural diversity has received increasing legal attention. One of the international legal instruments developed are the Akwé:Kon Voluntary Guidelines, under the Convention of Biological Diversity (CBD). This paper elaborates on the worldwide first implementation process of the Akwé:Kon Guidelines in Finland, and draws on first experiences made during the testing case of these guidelines in the management process of the Hammastunturi Wilderness Area, in order to investigate to what extent culturally and spiritually important landscapes of Arctic Indigenous Peoples are recognized internationally, especially under the CBD and related international agreements and jurisprudence, and in the national context of Finland, in particular at the local level of the Hammastunturi Wilderness Area.

scholarly journals The law of the land: intangible ad tangible rights in Aboriginal Australia

2012 ◽  
Vol 3 (1) ◽  
pp. 227
Author(s):  
Ana Elisa Monteiro Penteado
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Social Values ◽  
Legal Protection ◽  
Land Rights ◽  
Convention On Biological Diversity ◽  
Aboriginal Australia ◽  
The Law

This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative. 

Overcoming epistemic injustices in the biomedical study of ayahuasca: Towards ethical and sustainable regulation

2022 ◽  
pp. 136346152110629
Author(s):  
Eduardo Ekman Schenberg ◽  
Konstantin Gerber
Keyword(s):  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Therapeutic Potential ◽  
Indigenous Rights ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Epistemic Authority ◽  
Double Blind

After decades of biomedical research on ayahuasca's molecular compounds and their physiological effects, recent clinical trials show evidence of therapeutic potential for depression. However, indigenous peoples have been using ayahuasca therapeutically for a very long time, and thus we question the epistemic authority attributed to scientific studies, proposing that epistemic injustices were committed with practical, cultural, social, and legal consequences. We question epistemic authority based on the double-blind design, the molecularization discourse, and contextual issues about safety. We propose a new approach to foster epistemically fair research, outlining how to enforce indigenous rights, considering the Brazilian, Peruvian, and Colombian cases. Indigenous peoples have the right to maintain, control, protect, and develop their biocultural heritage, traditional knowledge, and cultural expressions, including traditional medicine practices. New regulations about ayahuasca must respect the free, prior, and informed consent of indigenous peoples according to the International Labor Organization Indigenous and Tribal Peoples Convention no. 169. The declaration of the ayahuasca complex as a national cultural heritage may prevent patenting from third parties, fostering the development of traditional medicine. When involving isolated compounds derived from traditional knowledge, benefit-sharing agreements are mandatory according to the United Nations’ Convention on Biological Diversity. Considering the extremely high demand to treat millions of depressed patients, the medicalization of ayahuasca without adequate regulation respectful of indigenous rights can be detrimental to indigenous peoples and their management of local environments, potentially harming the sustainability of the plants and of the Amazon itself, which is approaching its dieback tipping point.

Power Relations in the Traditional Knowledge Debate: A Critical Analysis of Forums

2011 ◽  
Vol 18 (2) ◽  
pp. 143-178 ◽  
Author(s):  
Charles Kamau Maina
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Policy Outcomes ◽  
United Nations General ◽  
The World ◽  
International Decade

AbstractAn ongoing debate on the protection of traditional knowledge was prompted by the United Nations General Assembly declaration of the International Decade of the World's Indigenous Peoples in 1995 and the declaration of the Second International Decade in 2004. These two declarations challenged governments and the international community to address, nationally and internationally, issues that affect indigenous communities. One such issue is the protection of traditional knowledge. The three key international multilateral forums that are debating traditional knowledge issues are the World Intellectual Property Organization, the World Trade Organization, and the Convention on Biological Diversity. Using a political economy framework, this study analyzes the policymaking processes and mandates of the three multilateral forums in order to highlight stakeholders' levels of involvement in these processes. The study found that the multilateral forums' power structures, mandates, and decision-making processes disadvantage indigenous peoples and hinder their full participation in the forums' processes. The study recommends establishing a forum that would take into account indigenous peoples' worldviews; otherwise policy outcomes from these discussions will probably disadvantage indigenous peoples.

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