Policy Brief on IPRs and Rio +20

In the aftermath of the United Nations Convention on Sustainable Development (Rio +20), Ahmed Abdel Latif of the International Centre for Trade and Sustainable Development has prepared a policy brief entitled ‘Intellectual Property Rights and Green Technologies from Rio to Rio: An Impossible Dialogue?’ The brief considers the absence of Intellectual Property Rights (IPRs) out of Rio +20 relative to the 1992 Conference on Sustainable Development. It examines why common ground was not found at Rio +20. 

The brief “seeks to answer these questions by examining the evolution of the global debate on IPRs and green technologies from the Earth Summit in 1992 to Rio+20. It then makes some suggestions about how to foster a more constructive dialogue on this issue in the aftermath of the Rio+20 Summit.” 

The brief can be downloaded here.

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E-Module on TK and Sustainable Use of Biodiversity

Natural Justice has developed a number of draft e-learning modules to support communities developing biocultural community protocols (BCPs) to increase their understanding of key international legal frameworks, concepts and programmes. These modules supplement ‘BCPs: A Toolkit for Community Facilitators’. 

The second module in this series examines international law’s recognition of and protections for communities’ traditional knowledge and sustainable uses of biodiversity. Traditional knowledge, innovations, and practices (often referred together as ‘traditional knowledge’) are developed and nurtured over many generations. They are underpinned by spiritual beliefs and customary laws that reinforce communities’ identities, cultures, and ways of life. They enable communities to live within the natural limits of specific territories, areas, or resources upon which they depend for livelihoods and wellbeing. They are also integral to Indigenous languages, spiritual beliefs, and culturally appropriate education, health, and nutrition. 

There are several international agreements that address traditional knowledge and customary sustainable uses of biodiversity. The focus of this module is the most prominent agreement, the Convention on Biological Diversity. From the outset of the Convention, the Preamble recognizes “the close and traditional dependence” of many Indigenous peoples and local communities on biological resources. Thereafter, two Articles in particular grant important rights to Indigenous peoples and local communities: Article 8(j) on traditional knowledge, innovations and practices; and Article 10(c) on customary sustainable uses of biodiversity. 

The module can be downloaded here. The BCP Toolkit can be downloaded here. The documents are not final and any comments can be directed to Holly Shrumm (holly (at) naturaljustice.org) and Harry Jonas (harry (at) naturaljustice.org).

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Asia-Pacific Preparatory Workshop for COP11 Concludes

From 9-12 July in Chiang Mai, Thailand, Holly Shrumm (Natural Justice) served as a resource person for a preparatory workshop for representatives of Indigenous peoples and local communities in Asia and the Pacific. The workshop was organized by the Secretariat of the Convention on Biological Diversity (CBD) and hosted by the Asia Indigenous Peoples Pact (AIPP) and the Indigenous Peoples' International Centre for Policy Research and Education (TEBTEBBA). The first two days of the workshop focused on:

• An introduction to the CBD and mechanisms for participation of Indigenous peoples and local communities, including the Voluntary Fund and the International Indigenous Forum on Biodiversity;
• Articles 8(j) and 10(c), including draft Decisions arising from the 7th meeting of the Working Group on Article 8(j) and Related Provisions; and
• 2011-2010 Strategic Plan for Biodiversity and Aichi Targets, with particular focus on Articles 11, 14, and 18.

The third day of the workshop was co-facilitated by Natural Justice and the CBD Secretariat and included presentations and group discussions on customary law; an introduction to biocultural community protocols and resource materials such as the toolkit for community facilitators; community experiences with developing and using protocols in Sabah (Malaysia), Sri Lanka, and Arunachal Pradesh (India); experiences with free, prior and informed consent and related national guidelines in the Philippines; and the Nagoya Protocol on Access and Benefit Sharing. In addition to sharing their own experiences with similar processes, participants discussed a number  of key issues, including the importance of securing Indigenous peoples' territories and other fundamental rights (particularly those enshrined in the UN Declaration on the Rights of Indigenous Peoples); resolving conflict between customary laws and state laws; seeking partnerships with a range of different actors and engaging in national and sub-national decision-making processes; and demonstrating how Indigenous peoples and local communities are contributing to the implementation of international targets and obligations such as the Aichi Targets.

The fourth and final day of the workshop was facilitated by Gam Shimray (AIPP) and Joji Carino (TEBTEBBA) and focused on preparations and strategies for engaging in the 11th Conference of the Parties to the CBD, which will be held in October in Hyderabad.

Holly thanks AIPP, TEBTEBBA, the CBD Secretariat, and the workshop participants for a productive week and looks forward to further discussions and collaborations both in the region and internationally.

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Asia-Pacific Preparatory Workshop for COP11 Begins

From 9-12 July in Chiang Mai, Thailand, the Secretariat of the Convention on Biological Diversity (CBD) is holding a workshop for representatives of Indigenous peoples and local communities from Asia and the Pacific in preparation for the 11th Conference of the Parties to the Convention on Biological Diversity (COP11). The provisional agenda includes an introduction to the CBD and mechanisms for participation of Indigenous peoples and local communities; Articles 8(j) and 10(c); the 2011-2020 Strategic Plan and Aichi Biodiversity Targets; the Nagoya Protocol on Access and Benefit Sharing; and preparatory discussions for COP11 in October.

The workshop is co-hosted by the Indigenous Peoples' International Centre for Policy Research and Education (TEBTEBBA) and the Asia Indigenous Peoples Pact. Holly Shrumm (Natural Justice) is attending the meeting as a resource person, particularly on community protocols.

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UNDRIP E-Module for Communities

Natural Justice has developed a number of draft e-learning modules to support communities developing biocultural community protocols (BCPs) to increase their understanding of key international legal frameworks, concepts and programmes. These modules supplement ‘BCPs: A Toolkit for Community Facilitators’. 

The module on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) seeks to provide insight into UNDRIP’s provisions and how they can be applied by communities worldwide It is targeted at communities who identify as Indigenous Peoples, who have a close relationship with a territory or resource, who have historically faced issues regarding that territory or resource, and/or have an interest in asserting any of the rights set out in UNDRIP. 

With approximately 370 million Indigenous Peoples spread across 70 countries worldwide who have historically been marginalised, the process of drafting UNDRIP began in 1985. It was adopted in 2007. While the Declaration elaborates a fairly comprehensive set of individual and community rights for Indigenous Peoples, its impact remains limited as it is not binding and has limited time to achieve changes. The module seeks to support communities to find relevant rights and to begin making these protections material. 

The module can be downloaded here. The BCP Toolkit can be downloaded here. The documents are not final and any comments can be directed to Holly Shrumm (holly (at) naturaljustice.org) and Harry Jonas (harry (at) naturaljustice.org).

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Endogenous Development Training in Techiman, Ghana

The Natural Justice team and a number of its partners from Kenya, South Africa and Namibia attended a one week Certificate Program in Local and Indigenous Knowledge for Community-Driven Development in Techiman, Ghana from 24-30 June, 2012. Coordinated by the Center for Indigenous Knowledge and Organisational Development (CIKOD) in collaboration with the University of Cape Coast and Water Aid in Ghana, the course introduced the concept of "endogenous development", an approach to social and economic justice that involves strength-based development "from within" ensuring initiatives are community-driven and based on strengths that contribute to their own socio-cultural, economic and political development. 

The course began with an introduction to endogenous development, perspectives on indigenous sciences, the local knowledge of each participant and expectations of the course. Participants visited the nearby Forikrom community where they were introduced to the traditional chiefs and elders, traditional foods made by the community, the sacred sites and surrounding ancestral caves, and local eco-farming. Members of the community presented on successful endogenous development processes utilised by the community, including the work of Traditional Authorities and HIV/AIDS, interfaces between traditional and modern medicines, and the Forikrom Eco-cultural Tourism project. 

Throughout the week, endogenous development tools such as Community Institutional Resource Mapping (CIRM) and Community-Driven Health Impact Assessment Tool (CHIAT) were discussed. Participants were immersed in local examples of projects involving endogenous development processes and tools including the water, sanitation and hygiene project, the Traditional Authorities Transparency and Accountability Charter, and the Rural Women Farmers Association of Ghana. Representatives from Natural Justice, Save Lamu, Kivulini Trust, Karamacan and Kukula Traditional Healers also presented on biocultural community protocols as tools for the legal empowerment of communities. 

The one-week course was a rich and engaging opportunity to explore and deepen knowledge of endogenous development processes. Natural Justice looks forward to continuing the implementation of endogenous development processes in its work with communities. Natural Justice and other participants thank CIKOD, the University of Cape Coast and Water Aid for hosting the course, together with the ABS Capacity Development Initiative, the Open Society for Southern Africa, the Heinrich Böll Foundation, the Christensen Fund, and University of Cape Town's Open AIR project, for their generous support.

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Second Intergovernmental Committee on the Nagoya Protocol

Kabir Bavikatte of Natural Justice participated in the second meeting of the Intergovernmental Committee on the Nagoya Protocol (ICNP 2) in Delhi from July 2-6, 2012. Kabir participated at the ICNP 2 in his capacity as the legal advisor to the African Group of parties to the Convention on Biological Diversity. The key issues that were negotiated at the ICNP 2 dealt with cooperative procedures and institutional mechanisms to promote compliance with the Nagoya Protocol, the global multilateral benefit sharing mechanism, the access and benefit sharing (ABS) clearing house, financial mechanism and resource mobilization. 

At the ICNP 2, Natural Justice and the Berne Declaration also organized a side event that screened the film ‘Rooibos Robbery’ which deals with Nestle's biopiracy of South African genetic resources and associated traditional knowledge and can be viewed here. The side event included a presentation by Morten Tvedt of the Fridtjof Nansen Institute on the Norwegian law on ABS as one of the first user country measures and inputs from Muleso Kharika, Director of Resource Use at the South African Department of Environmental Affairs. Copies of the film were also distributed amongst the participants of ICNP 2.

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