scholarly journals Exploring the Nuances, Ethicality and Functionality of ‘Consent’: Prior Informed Consent as a Legal Mechanism to Protect Malaysia’s Indigenous Communities’ Rights to Genetic Resources and Associated Traditional Knowledge

2013 ◽  
Vol 26 (2) ◽  
Author(s):  
Kaya Marie Allan Sugerman
Keyword(s):  
Informed Consent ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Prior Informed Consent ◽  
Legal Mechanism

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.

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.

Regulation of Natural Resources Located in Indigenous Communities Territory under the Principles of Consultation and Free, Prior-Informed Consent: Perspectives in Selected Countries

2021 ◽  
Vol 29 (4) ◽  
pp. 499-520
Author(s):  
John S. Ombella
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Large Scale ◽  
Indigenous Communities ◽  
Multinational Companies ◽  
Contractual Arrangements ◽  
Prior Informed Consent ◽  
Use Of Resources ◽  
Ecological Resources ◽  
Contractual Agreements

Natural resources have long been said to be under the sovereign ownership of the states in whose borders they are found. Sovereignty grants such a state not only the ownership but also the power to regulate their access and use. States’ inability to convert the resources into tangible socio-economic development has witnessed massive contractual agreements with multinational companies to harness the same. Multinational companies and state contractual arrangements seem to have ignored other potential stakeholders like communities dependent on natural resources for their survival. Consequently, communities such as those of indigenous peoples who depend on available natural resources like rivers, lakes, forests and other ecological resources are victimised in the state-multinational contractual arrangements and implementation. Internationally, principles such as consultation and free and prior-informed consent seem to regulate access and use of resources located in indigenous communities. This article shows how such principles guarantee the indigenous communities their existence in cases of large-scale development in their territory.

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.

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