Substantive and Procedural Injustices of the Nagoya Protocol

A Joint Submission of the Grand Council of the Crees (Eeyou Istchee), endorsed by 73 organizations globally (and counting), comprehensively details the substantive and procedural injustices of the Nagoya Protocol on Access and Benefit Sharing in relation to Indigenous peoples' human rights. The executive summary and full text of Joint Submission are available online. Some of the injustices detailed include, among others:

• lack of full respect for international standards such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP);
• excessive reliance on national legislation;
• focus only on "established" rights under national legislation, which could lead to widespread dispossession and discrimination; and
• lack of full respect for Indigenous peoples' procedural right to full and effective participation throughout the negotiations and in the final text of the Nagoya Protocol.

The executive summary of the Joint Submission closes by saying, "In relation to Indigenous peoples and local communities, the Protocol must be consistent with the principles of justice, democracy, equality, non-discrimination, respect for human rights and rule of law. The rights, security and well-being of present and future generations must be ensured." The Joint Submission has been sent to the Executive Secretary of the Convention on Biological Diversity and to the 10th Session of the Permanent Forum on Indigenous Issues, among others.

The Joint Submission is very well-researched and -written, raising important questions about the procedures of the United Nations systems at large and about the Nagoya Protocol specifically. It particularly emphasizes barriers to the realization of Indigenous peoples' and local communities' rights to full and effective participation in decisions made on their behalf and that will impact their lives. These are of critical importance to the global and localized movements to secure communities' rights to self-determination and others enshrined in UNDRIP. However, we also acknowledge that the Nagoya Protocol is a negotiated text that arose within the confines of a United Nations system (not without its own critiques). Certain gains were arguably made in the Nagoya Protocol and we hope to work towards cross-leveraging these gains with those made over time in various other international law- and policy-making fora to ensure that the highest standards of rights and responsibilities are upheld at all levels, and particularly at the local level where communities are impacted most directly.

Read More

Latest Edition of CBD Civil Society Newsletter

The fifth issue of [square brackets], the newsletter for civil society involved in the Convention on Biological Diversity (CBD), was recently released. This issue focuses on implementation of the 2011-2020 Strategic Plan as well as reaching the Aichi Biodiversity Targets. Other articles address biofuels, the new focus in the CBD on customary sustainable use, and the green economy. Holly Shrumm (Natural Justice) served on the editorial board along with colleagues from the CBD Alliance, Forest Peoples Programme, Japan Civil Society Network, African Indigenous Women's Network, and CBD Secretariat.

Read More

New Publication: Agricultural Biodiversity in Europe

Michel Pimbert (International Institute for Environment and Development) has written a new publication entitled, "Participatory Research and On-farm Management of Agricultural Biodiversity in Europe". He summarizes the publication (available for download) as follows: "Drawing on experience in Europe and the wider literature, this paper offers some critical reflections on how— and under what conditions— the European Union might support the development of innovative participatory approaches for the management of agricultural biodiversity in Europe. Recommendations for the European Union and its citizens are offered on how to address three challenges in particular:

1. Transforming knowledge and ways of knowing for the local adaptive management of agricultural biodiversity and resilience in the face of climate change and uncertainty;
2. Scaling up and institutionalising participatory research and innovation in plant breeding, varietal selection, and agroecological research; and
3. Policy reversals for the participatory management of agricultural biodiversity.

This EU-wide transformation is all the more necessary now given that resilience, mitigation and adaptation to climate change directly depend on supporting innovative participatory approaches for managing agricultural biodiversity at the farm and landscape levels. The construction of a new modernity for food and farming in Europe also depends on such a transformation."

A related news article ("Europe Sowing the Seeds of Hunger" by Stephen Leahy) provides a narrative of the key issues in Pimbert's publication.

Read More

Legislative Review of South Africa's IP Amendment Bill

On 8 and 10 June, Johanna von Braun and Laureen Manuel (Natural Justice) participated as experts at the Portfolio Committee for Trade and Industry in South Africa's Parliament to give input into further amendments proposed to the Intellectual Property Amendment Bill. The Bill (B8-2010), which has been discussed within South Africa's government for more than a year, seeks to amend four national intellectual property frameworks, namely the Performers' Protection Act (1967), the Copyright Act (1978), the Trade Marks Act (1993) and the Designs Act (1993). Due to a significant level of the Members' skepticism of the benefit of the current drafting of the Bill, the Committee decided to redraft it entirely. During the meetings, Natural Justice highlighted its views on the limitations of protecting traditional knowledge through conventional forms of intellectual property, apart from some forms of defensive protection it may offer. Natural Justice has been invited to accompany the process as the need arises in the coming future.

Read More

First Meeting of the IGC on the Nagoya Protocol

From 6-10 June in Montreal, Kabir Bavikatte (Natural Justice) participated in the First Meeting of the Intergovernmental Committee on the Nagoya Protocol on Access and Benefit Sharing (ICNP-1) under the auspices of the Convention on Biological Diversity (CBD). Kabir was involved in the negotiations of the ICNP in his capacity as the legal advisor to the African Group of Countries. Over the 5 days, the ICNP focused on the modalities of establishing a Clearing House Mechanism for the Nagoya Protocol, issues relating to capacity development and awareness raising, and measures to ensure compliance of parties to the Nagoya Protocol. The ICNP recommended that the Secretariat of the CBD begin the pilot phase of implementation of the Clearing House Mechanism soon and report to the 2nd meeting of the ICNP on the progress that has been made. The ICNP also recommended a meeting of experts on 'compliance procedures' in the intercessional period before the second meeting of the ICNP.

The second meeting of the ICNP will focus on, among other things, agreeing on a compliance mechanism under the Nagoya Protocol to ensure that Parties fulfill their obligations to the Protocol. This meeting will be held in Delhi, India, in April 2012 and the First Meeting of Parties to the Nagoya Protocol will be held in Hyderabad, India, in October 2012.

Read More

Side Event on Community Protocols at ICNP-1

At the First Meeting of the Intergovernmental Committee on the Nagoya Protocol on Access and Benefit Sharing (ICNP-1) in Montreal, a side event was hosted on 6 June on biocultural community protocols. Entitled "Biocultural Community Protocols Under the Nagoya Protocol: Nurturing ABS-TK Implementation and Awareness Raising Approach", it was jointly organized by Seneca International, Asociacion ANDES (Peru), INBRAPI (Brazil), and Chinchansuyo (Ecuador).

Alejandro Argumedo (Asociacion ANDES) provided an outline of biocultural protocols by highlighting their derivation from the concept of biocultural heritage and provides parameters for discussion within and among communities and between communities and other actors. Alejandro noted that the intrinsic elements of a protocol articulate the rights of Mother Earth, reciprocity as the basis of exchanges, and links to ecosystems and landscapes, and recognizes economies based on biodiversity and culture and intercultural practices (linking different cultures/economies under a respect-based process). The extrinsic elements of a protocol links customary laws and positive law systems working together in a reciprocal, complementary and supportive way to achieve “equity” in benefit sharing. Biocultural protocols also help with the effective implementation of Articles 10(c) and 8(j) of the Convention on Biological Diversity and the Nagoya Protocol on Access and Benefit Sharing and supports an integrated approach to rights (specifically Traditional Resource Rights). Alejandro emphasized that among the objectives of a biocultural protocol are to articulate how Indigenous peoples practice “conservation and sustainable use” of biodiversity, ensure effective participation against biopiracy, constitute a process of community empowerment, improve livelihoods, and support the dynamic and innovative nature of customary law. Alejandro also presented on the Potato Park Biocultural Protocol and mentioned that the Protocol had a ranking system based on points that would identify the role that each of the six potato park communities play in conserving and sustainably using their collective biocultural heritage. Based on the number of points each community would get, the benefits derived from any ABS agreement would be shared proportionally. Finally, he highlighted the work that the Potato Park communities in setting up micro-enterprises based on a concept of 'collective trademarks'.

Luciana Fernanda (INBRAPI) spoke of the work that INBRAPI has begun in supporting Brazilian Indigenous peoples in developing biocultural protocols, as well as ensuring an effective interface between communities and the government. Yolanda (Chinchansuyo, Ecuador) spoke of her organization's work on communicating the Nagoya Protocol with communities and the importance of biocultural protocols. Yolanda spoke of the need to explore different tools of communication including films, pictures, and theater.

Closing remarks were made by Preston Hardison (Tulalip Tribes, Washington). He emphasized the need for respect for communities' cosmovisions in the context of ABS. According to Preston, the question isn't about whether or not communities want to share their knowledge and resources, but rather regarding communities sharing according to their traditional values. Communities would like to use biocultural protocols as a way to link to their customary laws in the context of interfacing with external users. Preston proposed the development of something similar to the IUCN Red List for communities' sacred species where research and commercial use is strictly regulated (for example, ayahuasca and cedar trees).

Read More

OSISA Meeting on Economic Justice

Kabir Bavikatte and Gino Cocchiaro (Natural Justice) attended the Open Society Initiative for Southern Africa (OSISA) Economic Justice Partners Meeting from 30-31 May. The meeting was attended by approximately 50 participants from Southern Africa who have been working with OSISA's Economic Justice Division to address various issues facing the region. The meeting heard from a number of participants who shared their experiences and engaged in vibrant discussion on areas such as: economic governance in Southern Africa; poverty and inequality; debt, aid and trade; public participation in aid and budget monitoring; the role of the consumer rights movements in monitoring economic governance in the region; natural resource rights and governance; and climate change, COP 17 and beyond. Natural Justice was invited to present on its work in Africa on community protocols, the Nagoya Protocol on Access and Benefit Sharing, and the emerging discourse on biocultural rights.

Read More