Traditional Knowledge Bulletin |
- Meeting review: UNPFII-11
- Meeting review: FTMM 2012
- This week in review … Chile's Supreme Court confirms prior consultation right for indigenous communities
- Resource: FAQs on traditional knowledge and intellectual property
- This week in review … IP Watch article discusses South Africa's TK Bill
- This week in review … Indigenous group and partners establish ecological corridor in vanishing Atlantic Forest
- This week in review … Australia's Yanyuwa people celebrate establishment of indigenous protected area
- This week in review … Aché indigenous communities use citizen media to preserve language and culture
Posted: 23 May 2012 03:21 AM PDT Eleventh Session of the UN Permanent Forum on Indigenous Issues UNPFII-11 concluded with the adoption of nine recommendations, including on: the special theme of the ongoing impact of the doctrine of discovery on indigenous peoples and the right to redress; arrangements for the 2014 World Conference on Indigenous Peoples; the World Intellectual Property Organization (WIPO); food sovereignty; human rights; and emerging issues. The recommendation on the impact of the doctrine of discovery on indigenous peoples (document E/C.19/2012/L.2) notes the need to redefine the relationship between indigenous peoples and the State as a way to develop a vision of the future for reconciliation, peace and justice. The Forum notes that UNDRIP Article 26, treaty body jurisprudence and case law from all major international human rights institutions confirm that indigenous peoples hold collective rights to the lands, territories and resources that they have traditionally owned, occupied or otherwise used, and that respect for their customs, traditions and land tenure systems is owed to them. Such rights have the same legal status as all other property rights to lands, territories and resources. International human rights law, including norms on equality and non-discrimination such as those affirmed in the International Convention on the Elimination of All Forms of Racial Discrimination and UNDRIP, demand that States rectify past wrongs caused by doctrines such as terra nullius, including the violation of the land rights of indigenous peoples, through law and policy reform, restitution and other forms of redress. The Forum welcomes the recommendation to establish a voluntary international mechanism to receive and consider communications from indigenous peoples specifically concerning their claims to, or violations of, their rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired, noting this recommendation deserves further elaboration by indigenous peoples and others concerned. In the recommendation on human rights (document E/C.19/2012/L.9), the Forum recommends that the World Health Organization (WHO) revisit its report on social determinants of health to address the cultural determinants of health, such as land, language, ceremony and identity, which are essential to the health and well-being of indigenous peoples. The Forum also recommends that the full, effective and direct representation and participation of indigenous peoples, including their indigenous governments, councils, parliaments and other political institutions, should be ensured at all UN fora and negotiations, as well as in the drafting processes of the corresponding emerging instruments. Such instruments must be harmonized with UNDRIP, which is regarded as a reflection of the minimum human rights standards necessary for the promotion and protection of indigenous peoples, nations and communities. On WIPO, the Forum recommends that WIPO seek the participation of experts on international human rights law specifically concerning indigenous peoples, so they could provide input into the process under the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), especially regarding language in the negotiating text that refers to indigenous peoples as "beneficiaries" and "communities", as well as the general alignment of the draft with international human rights norms and principles (document E/C.19/2012/L.4). The Forum demands that WIPO recognize and respect the applicability and relevance of UNDRIP as a significant international human rights instrument, and also requests that WIPO commission a technical review of the IGC draft texts, to be conducted by an indigenous expert with the framework of indigenous human rights. In the recommendation on the right to food and food sovereignty (document E/C.19/2012/L.10), the Forum notes that indigenous peoples' right to food and food sovereignty is inextricably linked with the collective recognition of rights to land and territories and resources, culture, values and social organization. Subsistence activities such as hunting, fishing and gathering are essential not only to the right to food, but to nurturing their cultures, languages, social life and identity. Following the invitation by the Government of Mexico, the Forum appoints members Saul Vicente and Dalee Sambo Dorough to attend the G-20 Summit in June 2012 and present their views regarding the right to food. The Forum also welcomes the recent adoption of the FAO voluntary guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security, and notes that the UN Conference on Sustainable Development (UNCSD orRio+20) should embrace the cultural dimensions of sustainable development. It also recommends that States formally recognize shifting cultivation as a traditional occupation for indigenous peoples that is closely related to their social and cultural identity and integrity. Visit the meeting webpage … Read the UN coverage of the concluding session … Read WIPO's release on the dialogue with the Forum … |
Posted: 23 May 2012 03:18 AM PDT Pacific Islands Forum Trade Ministers Meeting Among several trade-related issues, the meeting considered an update of the traditional knowledge and intellectual property work, including the establishment of the Regional Trademarks Application System. Ministers agreed that Phase Two of the Traditional Knowledge Action Plan would focus on assisting Pacific Islands Forum member countries to draft TK policy and legislative frameworks, with a focus on the commercialization of TK and cultural industries. Member countries will be asked to request technical assistance for this process by the end of August 2012. The following member countries were represented at the meeting: Australia, Cook Islands, Federated States of Micronesia, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Republic of Marshall Islands, Tuvalu and Vanuatu. New Caledonia attended as an Associate Member. Read the PIFS press release … Download the meeting's outcome document [pdf] … |
This week in review … Chile's Supreme Court confirms prior consultation right for indigenous communities Posted: 23 May 2012 03:14 AM PDT Chile's Native Communities Find Ally in Supreme Court SANTIAGO, CHILE: Indigenous groups in Chile celebrated a recent court ruling that represented the latest victory in the struggle for respect for their right to be previously consulted about major projects which directly affect their communities. On 27 April, the Supreme Court upheld an earlier decision by an appeals court, which had cancelled the environmental permit granted to the Canadian mining giant Goldcorp for its El Morro gold and copper mine in the northern Chilean region of Atacama. The company reported that it had brought all work at El Morro to a halt, in line with the verdict handed down by the Court, which ordered it to consult with the small Diaguita de los Huascoaltinos indigenous agricultural community before carrying out any activity in their territory. The Court also ruled that the company must carry out a more thorough environmental impact assessment, which must also take into account the resettlement of local communities and effects on the traditional way of life of the Diaguita Indians. In addition, the verdict stated that the company violated International Labour Organisation (ILO) Convention 169 Concerning Indigenous and Tribal Peoples, Chile's Indigenous Law, and the UN Covenant on Civil and Political Rights. The Supreme Court ruling in the El Morro case was not unprecedented. For the past three years, indigenous communities around the country have filed legal action demanding compliance with ILO Convention 169. The first case was won by a Mapuche community in the southern city of Lanco, who were not consulted with respect to the construction of a garbage dump near their homes. Another victory involved a controversial wind farm on Chiloé Island in southern Chile, which the Supreme Court halted due to the company's failure to properly consult with local Mapuche communities. Read the article … Read the decision of the Supreme Court [in Spanish] … |
Resource: FAQs on traditional knowledge and intellectual property Posted: 23 May 2012 03:12 AM PDT Intellectual Property and Traditional Knowledge: Frequently Asked Questions WIPO has circulated a list of questions and answers aimed for basic information purposes. They address key issues and core concepts regarding intellectual property and traditional knowledge, WIPO's role, indigenous participation, and TK documentation and registration. Read the questions and answers … |
This week in review … IP Watch article discusses South Africa's TK Bill Posted: 23 May 2012 03:10 AM PDT South Africa Hopes New Bill Brings Traditional Knowledge Protection GENEVA, SWITZERLAND: The Intellectual Property Laws Amendment Bill currently awaiting the signature of South African President Jacob Zuma is an ambitious piece of legislation that aims to provide protective mechanisms for indigenous knowledge in South Africa. The bill is far-reaching and aims to improve the livelihoods of indigenous knowledge holders and communities, benefit the national economy, prevent bio-piracy, provide a legal framework for protection and empower local communities and prevent exploitation of indigenous knowledge. Meanwhile, the main critique of the bill is that it incorporates traditional knowledge into existing law, rather than creating a separate act. Critics agree that while the idea behind the legislation is laudable, the imprecise nature of certain provisions is problematic. Read the article … |
This week in review … Indigenous group and partners establish ecological corridor in vanishing Atlantic Forest Posted: 23 May 2012 03:08 AM PDT Tribe partners to protect Argentina's most endangered forest CALIFORNIA, USA: Three Guarani communities, the local Argentine government of Misiones, and the UK-based NGO World Land Trust forged an agreement to create a nature reserve connecting three protected areas in the fractured, and almost extinct, Atlantic Forest. Dubbed the Emerald Green Corridor, the reserve protects 3,764 hectares (9,301 acres) in Argentina; although relatively small, the land connects three other protected areas creating a combined conservation area (41,000 hectares) in the greater Yaboti Biosphere Reserve. The establishment of the Emerald Green Corridor, which was purchased from logging company Moconá Forestal, ends 16 years of the Guarani communities fighting for their traditional lands. The land will now be considered Traditional Indigenous Land, while the indigenous community is currently working on a conservation management plan to protect the forest and its species. Read the article … |
This week in review … Australia's Yanyuwa people celebrate establishment of indigenous protected area Posted: 23 May 2012 03:06 AM PDT Yanyuwa people welcome Indigenous Protected Area BORROLOOLA, AUSTRALIA: The people of the Borroloola region are celebrating the announcement of an indigenous protected area for 130,000 hectares of their traditional land. The Borroloola-based Lianthawirriyarra Sea Rangers will be responsible for managing the land. Read the article … |
This week in review … Aché indigenous communities use citizen media to preserve language and culture Posted: 23 May 2012 03:03 AM PDT Paraguay: A Look Inside Aché Indigenous Communities SANTIAGO, CHILE: For much of their history, the Aché indigenous people in Paraguay have been struggling to preserve their territory. Now, the Aché are using citizen media to preserve their language and their culture. The blog Aché Djawu ("The Aché Word") and several Twitter accounts provide a glimpse inside six Aché indigenous communities. Read the article … |
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