scholarly journals Spaces for local voices? A discourse analysis of the decisions of the Convention on Biological Diversity

2018 ◽  
Vol 9 (2) ◽  
pp. 141-170 ◽  
Author(s):  
Louisa Parks

This article discusses the existence and shape of a discursive space for local and indigenous voices in the arena of the Convention on Biological Diversity (CBD). Critical literature on global environmental governance argues that dominant or hegemonic discourses shape international-level decision making on environmental protection, and delimit the boundaries of possible policy choices. These discourses are identified by such scholarship as reflecting a dominant worldview stemming from a capitalist view of value and a dichotomous view of nature as separate from culture, which precludes discursive spaces for worldviews based on different conceptions of value and more holistic views of nature as inextricably bound up with culture. Such worldviews are often held by indigenous peoples and local communities considered to be crucial in protecting the environment and natural resources. The present article aims to contribute to this debate by looking in detail at decisions of the parties to the CBD, which is an arena argued by some to be more open to local and indigenous voices. The article presents a discourse analysis of the CBD's decisions since its creation and up to its most recent meetings held in late 2016. The analysis applies the arguments of the critical literature to the decisions of the CBD in order to investigate how far they conform to the critical view of them, or whether, and if so to what extent, they host spaces for local and indigenous voices.

Author(s):  
Melanie Zurba ◽  
Anastasia Papadopoulos

AbstractGlobal environmental governance (GEG) forums, such as those convened through the United Nations, result in the development of monumental guiding frameworks such as the Sustainable Development Goals (SDGs) and the Convention on Biological Diversity (CBD) Conference of Parties (COPs) Aichi and post-2020 targets. The ratification of policy frameworks by member and/or signatory states can result in major shifts in environmental policy and decision-making and has major implications for Indigenous communities. In this article, we present systematic review of the peer-reviewed literature on Indigenous participation in GEG forums, and focus on the specific questions: (1) what GEG forums include Indigenous participation and (2) how do Indigenous peoples participate in GEG forums, including how their perspectives and knowledges are framed and/or included/excluded within governance discussions, decisions, and negotiations. We provide a bibliometric analysis of the articles and derive seven inductively determined themes from our review: (1) Critical governance forums and decisions; (2) inclusion and exclusion of Indigenous voices and knowledge in GEG forums; (3) capacity barriers; (4) knowledge hierarchies: inclusion, integration, and bridging; (5) representation and grouping of Indigenous peoples in GEG; (6) need for networks among and between Indigenous peoples and other governance actors; and (7) Indigenous peoples influence on GEG decisions and processes. Our findings can be used to improve GEG forums by contributing to the development strategies that address the barriers and inequities to meaningful and beneficial Indigenous participation and can contribute to future research that is focused on understanding the experiences of Indigenous peoples within GEG forums.


2014 ◽  
Vol 14 (3) ◽  
pp. 1-20 ◽  
Author(s):  
Lisa M. Campbell ◽  
Catherine Corson ◽  
Noella J. Gray ◽  
Kenneth I. MacDonald ◽  
J. Peter Brosius

This special issue introduces readers to collaborative event ethnography (CEE), a method developed to support the ethnographic study of large global environmental meetings. CEE was applied by a group of seventeen researchers at the Tenth Conference of the Parties (COP10) to the Convention of Biological Diversity (CBD) to study the politics of biodiversity conservation. In this introduction, we describe our interests in global environmental meetings as sites where the politics of biodiversity conservation can be observed and as windows into broader governance networks. We specify the types of politics we attend to when observing such meetings and then describe the CBD, its COP, challenges meetings pose for ethnographic researchers, how CEE responds to these challenges generally, and the specifics of our research practices at COP10. Following a summary of the contributed papers, we conclude by reflecting on the evolution of CEE over time.


2017 ◽  
Vol 5 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Ah-Young Cho

The Nagoya Protocol is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the innovative achievements of global environmental governance and is expected to generate new opportunities. However, the Nagoya Protocol has been described as “a masterpiece in creative ambiguity” because of its lack of legal clarity. The Republic of Korea, although it has not yet ratified the Protocol, has made considerable efforts to address the upcoming changes. The current legislation, which is one of the most important way-stations for ratification, is in its final stages. However, there are differences of opinion among government departments. This article analyses the legal and policy responses of the Korean government to access and benefit sharing, with a focus on marine biological resources.


2013 ◽  
Vol 6 (1) ◽  
pp. 46-63 ◽  
Author(s):  
Kenneth Iain MacDonald

This paper traces the institutionalization of Environmentalism as a pre-condition for the production of ‘The Green Economy,’ particularly the containment of the oppositional possibilities of an environmentalist politics within the institutional and organizational terrain of a transnational managerial and capitalist class. This is a context in which many environmental organizations – once the site of planning, mobilizing and implementing opposition and resistance to the environmentally destructive practices of corporate industrialism – have become part of a new project of accumulation grounded in enclosure, access and the production and exchange of new environmental commodities. This transformation reflects what Sloterdijk (1988) has termed cynical reason – an enlightened false consciousness; and my concern in the paper is to think through ‘The Green Economy’ and its coincident instrumental ethics as an iteration of cynical reason and an expression of institutionalized power. Specifically, I focus on the development of ‘global environmental governance’ as a statist project that concentrates sanctioning authority and resource allocation in centers of accumulation (e.g., the Convention on Biological Diversity and its funding mechanism the Global Environment Facility) and facilitates the containment of Environmentalism as an oppositional politics through demands that it assume conventional forms of organization, projectification and professionalisation and through facilitating a redefinition and redeployment that shifts environmentalism from a space of hope to an instrumentalist mechanism in rationalist projects of accumulation.


2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox

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.


2014 ◽  
Vol 6 (1) ◽  
pp. 189-225
Author(s):  
Leena Heinämäki ◽  
Thora Martina Herrmann ◽  
Antje Neumann

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.


2005 ◽  
Vol 31 ◽  
pp. 335-362 ◽  
Author(s):  
Virginie Maris

The decline of biodiversity is without a doubt one of the most important symptoms of what could be called a “global environmental crisis.” Our ability to stop this decline depends on the capacity to implement an effective, collective system of preservation on a global scale. In this paper, I will analyze the Convention on Biological Diversity (CBD), the international agreement that aims at creating this type of global cooperation.While I consider that cosmopolitan governance is desirable, given the legitimacy of the preservation of global biological diversity, I will not attempt to directly argue for it here. Still, it is worth mentioning some of the reasons that might lead us to adopt this position. First, certain past conservation measures have been harshly criticized as imperialistic. For example, Project Tiger in India, which Western environmentalists often cited as a success, have had a deleterious effect on local populations.


Author(s):  
Ana Elisa Monteiro Penteado

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. 


2022 ◽  
pp. 136346152110629
Author(s):  
Eduardo Ekman Schenberg ◽  
Konstantin Gerber

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.


Author(s):  
Yrjö Haila

The term biodiversity was introduced in the 1980s as a novel framing for the human dependence on the Earth's biosphere. 'Biodiversity loss' became the way to capture a major dimension of global environmental problems. The chapter describes stages of this process. The first phase of the spread of the term was its enthusiastic reception among environmentalists. Second, concern was integrated into international environmental policy at the Rio Conference in 1992 through the adoption of the Convention on Biological Diversity. Efforts to implement the convention have created an environmental regime both internationally and within different countries. However, due to its broad coverage of processes of living nature and its huge ambition to regulate human modification of nature and exploitation of natural resources, there have been major difficulties with implementation. In particular, how to integrate specific issues manifested in local contexts, and the global concern, has proved problematic.


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