In recent years there has been a proliferation of
international fora considering different aspects of the protection of indigenous
peoples' and local communities' technologies and knowledge. There is a growing
trend towards the recognition/creation of rights of control in these communities
over genetic resources, with which they are associated, and related knowledge.
For the time being, the international law has not gone so far as to set minimum
standards for the creation and enforcement of sui generis
indigenous people's rights of communities over their technologies and
associated knowledge. Nor is it explicitly stated, in any currently binding
international legal instrument, that it is necessary to obtain the PIC of
indigenous peoples and local communities before collecting, using or exchanging
these resources and knowledge. It could certainly be argued that international
law is definitely moving in this direction; it is not there yet. Meanwhile,
given the political climate, it should be argued that it is incumbent upon all
national genetic resources programme managers to exceed their strict legal
obligations. Particularly, in living up to higher standards of behaviour, and
obtaining the PIC of indigenous peoples and local communities, when accessing,
exchanging and using genetic resources and related information with which these
groups are associated.
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Key points
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In recent years there has been a
proliferation of international fora considering different aspects
of the protection of indigenous peoples' and local communities' technologies
and knowledge.
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The Convention on Biological Diversity
(CBD) addresses the issue of local knowledge in two articles. However,
both articles are relatively vague. They do not actually spell out
what states can or should do to fulfill their obligations. Part of
the reason for this is that parties negotiating the CBD did not agree
on how far signatories should go to protect traditional knowledge.
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The Conference of the Parties to
the CBD (COP-CBD) established two Ad Hoc Open Ended Intersessional
Working Groups to investigate, among others, means by which member
states could 'as appropriate' and 'subject to their own legislation'
protect traditional knowledge.
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The International Treaty on Plant
Genetic Resources was an important breakthrough, as it formally endorsed
Farmers' Rights through a legally binding instrument at the global
level. Farmers' Rights are based on the recognition that farmers play
an important and crucial role in the management and conservation of
plant genetic resources. They include the protection of traditional
knowledge, participatory decision-making and the right to equitably
participate in sharing benefits arising from the utilization of plant
genetic resources for food and agriculture.
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Other existing international instruments
support the protection of traditional knowledge, though they do not
mention it explicitly. These include the International Labour Organization
(ILO) Convention Concerning Indigenous and Tribal Peoples in Independent
Countries and the International Convention on Social and Cultural
Rights (ICESR).
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There is a growing trend towards
the recognition/creation of rights of control in these communities
over genetic resources, with which they are associated, and related
knowledge.
-
International law has not gone so
far as to set minimum standards for the creation and enforcement of
sui generis indigenous people's rights for communities over their
technologies and associated knowledge.
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