Banishing the biopirates : a new approach to protecting traditional knowledge

The livelihoods of indigenous peoples and the conservation of biodiversity worldwide depend on conserving and protecting traditional knowledge of the use and functioning of biological and natural resources. This traditional knowledge (TK) has helped develop the millions of farmers’ food crop varieties in use today, as well as a wealth of traditional medicines and techniques for sustainable agriculture and resource use. Yet this knowledge is rapidly disappearing. It is under increasing threat from both intellectual property regimes and economic globalisation processes which undermine traditional rural livelihoods. This loss is occurring despite the fact that the Convention on Biological Diversity (CBD) requires member countries to respect, preserve and maintain traditional knowledge, innovations and practices and encourage the fair and equitable sharing of benefits from their use. International and national policies have so far proved inadequate to protect traditional knowledge. The dominant paradigms of access and benefit-sharing and intellectual property rights fail to adequately protect TK because they reflect western norms and laws, and focus narrowly on protecting intellectual rights. This paper describes how indigenous and farmers’ organisations are calling for more holistic approaches to protecting their rights to TK, bio-genetic resources, territories, culture and customary laws. These components of indigenous knowledge systems and heritage cannot be separated. A new framework for protecting TK, known as collective bio-cultural heritage, addresses biodiversity and culture together, rather than separating them; recognises collective as opposed to individual rights; and places them in the framework of ‘heritage’ as opposed to ‘property’. This approach means: Acknowledging that a state’s sovereign right over natural resources (as recognised by the CBD) is conditioned by indigenous and local communities’ customary rights over their traditional resources and territories. These rights must also be recognised. Strengthening community natural resource management, customary laws and institutions, and collective land tenure as the basis for local control over traditional knowledge and resources. For example, the establishment of Indigenous managed Bio-cultural Heritage Areas can enhance rights over TK, traditional livelihoods and biodiversity conservation. Facilitating access by communities, not just scientists and companies, to genetic resources held ex situ. With genetic erosion caused by modern agriculture, development etc, many communities need access to this material if they are to restore diversity to cope with phenomena such as climate change.