Traditional Knowledge Bulletin |
- Resource: CISDL paper on national and regional ABS measures
- Resource: UNRISD paper on the global political economy of REDD+
- Resource: Article on community-managed forests and protected areas
- This week in review … Article on protection of TK under Kenyan law
- Resource: Book on the ethnobotony of the Kondh, Poraja, Gadaba and Bonda of the Koraput region of Odisha, India
Resource: CISDL paper on national and regional ABS measures Posted: 18 Jan 2012 02:44 AM PST Overview of National and Regional Measures on Access to Genetic Resources and Benefit-Sharing: Challenges and Opportunities in Implementing the Nagoya Protocol In light of the adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), it is important for countries that have or are in the process of putting in place national ABS measures to share their experiences in implementation. This study reviews the ABS measures in countries from Latin America and the Caribbean, Asia, the South Pacific, Africa, Europe and North America as well as the regional measures of the Andean Community, ASEAN and the African Union plus discussions in the EU and the Nordic countries. It examines the relevant laws and policies and their provisions on scope, prior informed consent, mutually agreed terms on benefit-sharing, compliance, and monitoring and enforcement as well as any access agreements that have been granted or relevant experience gained in the implementation of the ABS measures. It also presents a discussion and conclusions on the main legislative challenges to implementing the Nagoya Protocol on ABS. Finally, Appendix I summarizes national and regional ABS measures, and Appendix II has a chart providing a general overview of the national actions and information required to implement the different obligations of the Nagoya Protocol. Many of the legislations examined in the paper address TK-related issues. Safeguarding or protecting the interests of ILCs over their knowledge and practices is often one of the objectives of ABS legislations. The Andean Community common regime, Peru, and Brazil's regulations also recognize and protect the rights of the indigenous peoples to decide about their innovations, practices and knowledge associated with genetic resources. In some countries specific legislation exists to guarantee the right of Indigenous peoples over their TK or genetic resources located in their lands, in addition to the broader ABS measures (e.g. Venezuela, Panama, Peru, Philippines). Most ABS legislations require the applicant to obtain PIC of local communities for access to genetic resources on land that is owned or managed by local communities which have the established right to grant access to those resources. According to the ASEAN Framework Agreement, even if PIC is only given by the State/ State agency, the PIC process must provide for the active involvement of local communities and respect the customary laws, practices and protocols of local communities. However, very few laws set out procedures for obtaining PIC of ILCs. Costa Rica's legislation nevertheless describes the content of the PIC and points out that the applicant has to meet with representatives of the place of access and with the ILCs in order to discuss the meaning and implications of access to genetic resources and the terms of the protection of TK. According to most ABS legislations, ILCs are also to be involved in the negotiation of benefit-sharing, including by entering into a benefit-sharing agreement with the applicant. Australia has developed model contracts as guide to assist parties establishing benefit-sharing agreements, which must notably include a copy of the agreement regarding the use of knowledge if any indigenous people's knowledge of the access provider, or other group of indigenous people, is to be used. Specific recognition of customary law or community protocols is provided indirectly in some ABS systems, but there is a lack of detailed guidance on these issues. This is the first version of the study; a final version will be released in time for the second meeting of the Intergovernmental Committee for the Nagoya Protocol on Access and Benefit-Sharing, to be held from 9-13 April 2012, in Delhi, India. Download the paper [doc] … |
Resource: UNRISD paper on the global political economy of REDD+ Posted: 18 Jan 2012 02:42 AM PST The Global Political Economy of REDD+: Engaging Social Dimensions in the Emerging Green Economy This research seeks to assess how actors bring the social dimension into REDD+ negotiating processes at the global level. The underlying idea driving the analysis in this paper is that power relations in policy processes associated to the green economy need to be taken into account. Thus, the paper analyses power from a historical, structural and relational point of view at the different stages of global REDD+ development processes. The paper argues that material choices are not the only factor hampering the possibility of an agreement on REDD+. While political and financial agendas play a key role in developing the global REDD+ architecture, actors' competition around co-benefits, markets and rights is also being determined by different environmental worldviews. There are four approaches around REDD+ that reflect different environmental worldviews linking forests and development: market-liberal, institutionalist, bio-environmentalist and social green. The paper questions the linear correspondence between actors and approaches by providing evidence of the diversity of views within indigenous groups and donors. Read the paper … |
Resource: Article on community-managed forests and protected areas Posted: 18 Jan 2012 02:40 AM PST Community managed forests and forest protected areas: An assessment of their conservation effectiveness across the tropics This paper assesses the role of protected and community managed forests for the long term maintenance of forest cover in the tropics. Through a meta-analysis of published case-studies, the authors compare land use/cover change data for these two broad types of forest management and assess their performance in maintaining forest cover. Case studies included 40 protected areas and 33 community managed forests from the peer reviewed literature. A statistical comparison of annual deforestation rates and a Qualitative Comparative Analysis were conducted. It was found that as a whole, community managed forests presented lower and less variable annual deforestation rates than protected forests. The authors consider that a more resilient and robust forest conservation strategy should encompass a regional vision with different land use types in which social and economic needs of local inhabitants, as well as tenure rights and local capacities, are recognized. Further research for understanding institutional arrangements that derive from local governance in favor of tropical forest conservation is recommended. Download the paper [pdf] …Read CIFOR's press release on the study … |
This week in review … Article on protection of TK under Kenyan law Posted: 18 Jan 2012 02:37 AM PST Use the law to protect traditional knowledge NAIROBI, KENYA: In this article, Cathy Mputhia argues that the Kenyan Constitution and relevant laws include provisions requiring that the State protect the rights of local communities, prevent exploitation related to illegal bioprospecting, and ensure equitable sharing of benefits. Read the article … |
Resource: Book on the ethnobotony of the Kondh, Poraja, Gadaba and Bonda of the Koraput region of Odisha, India Posted: 18 Jan 2012 02:35 AM PST Ethnobotony of The Kondh, Poraja, Gadaba and Bonda of the Koraput Region of Odisha, India This book discusses the history and importance of ethnobotany with specific reference to four tribal communities of Odisha, India. It begins with an account of the nature of the tribes involved in the study. Based on participatory fieldwork, it presents an insider's account of the tribal culture and its relationship with plants. It provides the ethnobotanical descriptions of 210 species of plants belonging to 77 families, presenting their local names, origin and the medicinal, cultural, culinary, economic, ecological uses of the species. It takes up study of the plants used by tribes in the drug-based and spiritual healing processes, elaborating the philosophies behind knowledge transmission such as divination, hereditary, discipleship and kinship. Related aspects such as disease diagnosis, diet restrictions and rituals are depicted in detail. There is a special chapter on forests and non-timber forest products (NTFPs) that details the efforts of communities in forest conservation, their land-use patterns, forest classification systems, list of NTFPs and their harvest-consumption patterns. Purchase the book from D.K. Printworld … |
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