24 12 1190 http://saiic.nativeweb.org/ayn/files/original/f547c36664a2b81bb6b206fb3fd68a7e.pdf 09f95fdb565f48d7915b6b9556de2d5a PDF Text Text PERSPECTIVES ON BIODIVERSI TY AND I NTELLECTUAL PROPERTY Amazonian Peoples on Biodiversity and ·tPR Resolutions from the Coordinating Body of Indigenous Communities of the Amazon Basin's Regional Meeting September. 1994, Santo Cruz de Io Sierra. Bo/Mo he Coordinating Body of Indigenous Peoples of the Amazon Basin, repre.seming Indigenous c01nmunities in this region, T which is one of the richest in biodivcrsi 4 ty in the world. will not be excluded from m:aking itS voice hc~trd in respect to this subject. In this regard. the Indigenous com· munities are well aware of the impor· t..'lnce of protecting biodiversity, as well as our knowledge related to it. \Ve know that our 3utonomy and assurance of life with dignity ,,,.m deJ>end on the process· es of comro l. consen•ation and develop· mcm of these resources especially over the next few ye.'\rs. when the world will be discussing the issues of biodiversity. \ Vc must be quite dear that we, 1he Indigenous communities. are the ones entitled to claim proprietary rights to tht..se resources. in spite of increasing claims made by multinational corpora· tions of the Non.h. This situation obliges indigenous people and our organizations to take positions and elaborate strategies rclc· vam to current and future generations. With thJs in mind. COlO \. under the auspices of the UN Dc\'clopmem Program. organized a regional meeting in South America. The conclusions and recommendations of that metting are reprinted below. I. Basic Points Of Agreement 1. Emphasis is placed on the significance of the usc of intellectual propeny systems os a new formula for regulating North-South economic relations in i> \trsuit of colonialist interests.. 2. For Indigenous peoples. the imel- Vol 8 No.4 lcclltal propeny s}'Sicm means legitiJnation of the mis.'l.ppropriation of our peo· pies' knowledge and resources for commercial purposes. 3. All aspects of the issue of intelleat"'ll property (detenuin.'ltion of access tO nation· ~I resources. comrol of the knowledge or cultural heritage of peoples. control of the use of their resources :md regulation of the tenns of exploitation) are aspects of self. detem1ination. For Indigenous peoples, :lCCOrdingly. the ultimate decision on this issue is dependent on self--detenninc'ltion. Positions taken under a tniSiecship regime will be of a shon·teml nature. 4. Biodiversity :md a peoples knowledge arc concepts inherent in the ide."- of Indigenous tenitori:ility. Issues relating to :t<.'C\."'$5 10 t'e:SO\IrctS have to be viewed from this Standpoint. 5. Integral Indigenous territoriality. its recognition (or restormion) and its re<.-onsti· tution. arc prerequisites for enabling the cre:uivc and inven~h'c genius of each Indigenous people tO flourish-and for it to be meaningful to speak of proteaing such peoples. The protection, rcconstlu.uion and development of Indigenous knowledge sy.st~ms call for f~,tnher com.milmerll 1 the 0 effort to have these syStems reappraised by the outside world. 6. Biodi,·ersity and the culture and lmel· leaual property of • people are conctpts that mean Indigenous territoriality. Issues relating to access tO resources. and othe- s. r ha"c to be viewed from lhis standpo~nt. 7. For members of Indigenous peoples. knowledge and dctemlin.1tion or the use of resoun::cs are collective and intergtnera· tior No fndigenous J)OP\Iialion. whether 1.1l. of indhiduals or communities. nor the govemmem. can sell or transfer ownership of resources which are the propeny of the people 3J>d which each generation has on obligation 10 safeguard for the next. 8. Prevailing intellectual propeny systems refle<:t a conception and pma.ice that is; o) colonialist, in th." the instruments of the developed coumries are imposed in order to appropriate the resources of Indigenous peoples; b) mcist. in that it belittles and minimizes the value or our knowledge systems; c) UStlllXItory, in that it is essentially a practice of theft. 9. AdjUSting Indigenous systems to the pre,-ailing ime\lectu.'ll propeny systems (as a world-wide concept and practice) changes the Indigenous reguL1tory systems them· selves. 10. Pot<nts •nd Other intclloxtual propeny rights to fonns of life are wucccptable to Indigenous peoples. 11. It is imponant to prevent conflicts that may ~rise between communities from the transformation of intelleaual property into a means of di\'iding Indigenous unity. 12. There arc some fonnuL-.s that could be used to enh.·mce the value of our prod· uas (brand names, appellations o£ origin), but on the undersro.nding that these are only IY tarkcting possibilities. not entailing monopolies of the product or of ooU ectivc knowledge. There are also some proposals for modifying prevailing imellectual property systems. such as the usc of cenificates of origin. to prevent use of our resources \vith· out our prior consent. 13. \ Ve mUSt prevent the use of current systcnts of intellectual propeny from rot>bing us. through monopoly rights. of resources and knowledge in order to enrich these >)'stems and build up power opposed toou.r own. 14. Work rm~ be conduaed Ol'l the 17 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY design of a protoction and recognition sys· tern whic-h is in accordance with the defense: of our own CO!lception. and mechani.srns mu.st be developed in the shon and medium ICI'JT\ tO prevent appropriation of our t-e:so<trttS ond knowledge. 15. A system of protection ond nlC<>gni· tion or our resources and knowledge rnUSt be designed which is in confonn.ty with our i world view and contains fomlulas that, in the shon and medh.\m tenn, ,...,ilJ pre\'ent the appropriation or our resoUrttS by the countries of the Nonh ond Others. 16. There mliSl be appropri.'le mechanisms for maintaining and ensuring the right of Indigenous peoples to deny indiscriminate access to the resources of our communities or peoples. and making it possibte to contest patents or ocher exclusive rights to what is essentially Indigenous... 17. Dise\tSSions regording intellectual propeny should take place without distract· ing us from priorities such as the struggle for the right to tenitories and self-detennilu~ tion. bearing in mind th.·u the Indigenous popuL·uiott :u"'d the land foml ru1 indivisible unity. II. Short-Term Recommendations J. Identify. analyze and systematically evaluate from the standpoint of the Indigenous world view difiere.Ol <:Omt» nems of the fom>al imelleetual propeny sys· tenlS. including mech..misms, instrumems · and forurns. among which we h.1ve: a) Intellectual propeny mochanisms Patents, Trademark. Authors' rights. Rights of de\'Ciopers or new plant vari· eties. Commercial secretS. lndusui:.ll design. ubels of origin. b) lmell«:tual propcny Instruments The Agreement on Trade-Related lmem.1lional Propeny RightS (TRIPS) of the General 1\greemem on Tariffs and Tr:lde (GA'Ii); The Convention. on Biodive~ty, " 'th special emphasiS on the following aspects: cm•ronmemal impact .1s.sessmems. subsidiary scieotiftc body, technological council, monitoring. nation.1..l studies and protocols, as well as on rightS or fam>ers and ex situ control of genn pl-lsm. which are nOt covered 18 w1der the Convention. c) lmell«:tml propeny forums O¢Hne mechanisms for oonsult.1.tion and exchange of infonntuion betv..·een Indigenous organizations and imemational forums such as the: Tn.-aty for Am..uoni..m Cooperation. Andean Pact. General Agreement on Tariffs and Trade. European Patents Corwenuon. United Nations Commission on SUSI~inable Developmem. Union for the. Protecdon of New Varieties or Plams. V..' rld o Intellectual Propeny Organization (WIPO). lnternatiOMl l-'lbor Organization (ILO). United Nations Commission on Human Rights. 2. E' "luate the possibilities offered by Lhe intemadonotl instruments embodying cuhuml. political. environmental Md other lightS that could be incorporated into a sui genelis le&~l framework for the prot«:tion of lndigcnotiS resou=s and knowledge. 3. DeHne the comem or consultations with such forums. 4. Define the feasibility of using some mechanisms of the prevailing imelleaual property systems. in relation 10 protection of biologicallgenetic resourocs and marketing of nlSO\>rttS. 5. Study the feasibility or alternative systenlS and mechanisms for protecting lndigenous interestS in our own resources and knowledge: sui gcnelis systems for protection of inu::Ueetu."ll propeny; inventors' cenificate. model kgisl-ltion on folklore; new deposit standards for material entering genn pl1.Sm lxmks: commissioner ror imellectu.~ propeny rights; tribunals; bi.lmcral and muhil.:neml contraCtS or oorwentions: m:neria)s transfer agn..""<:nlClliS; biological prospecting: defensive publianiOI'l cenific:ues of origin. 6 . Seek to m.'lke alternative s)'Slems operational " 'thin the shon tem1, by estab· lishing a minimal regulatory framework (for example bilateral comracts). 7. Systemattcally study. or e.\1xmd stud· ies already conducted or. the dynamics or Indigenous peoples. with emphasis on: basis for suscainability (territories. culn.u·e. economy); use or knowledge and r<SOUI"<X$ (col· lecth't ownership systems. community usc of resources): contmunit)'. l'tation.."tl. regional and intem..1tional o~ni.zation:ll bases. These make it possible to create mechanisms wilhin and outside Indigenous peoples cap:W!e of assigning the same value to Indigenous knowledge. ans and crafts as lO western science. 8 . Establish regional and local lnd1ge:rlous ~dvisory bodies on intellectual propcny :Uld biodive~ty " 1th functions involving legal a<h~<e . lllOtlitoring. productjon and disscn\il\.1tion of inJom'l:ation, ~'d production of m.:11erials. 9. 1demify natiorml imcUectual property organiza.tions. especially in areas of biod.i· ""II versit)t lO.ldentify and draw up a timel3ble of forums for discltSSion and exchange or infonnalion on imelleclual propeny ancVor biodiversity. Seek suppon for sending Indigenous dele&~tes to panicipate in such forums. An effon will be nude to obt:tin information wilh a viC\V tO the C\•entual establishment of an lnfomt.1tion, Training and Dissemination Center on Indigenous Propeny at1d Ethical Guides on contraCt ncg<Xiation and model contmclS. Ill. Medium-Term Strategies I. PLm. program. establish timetables and seek finatlCing for the establishment or an Indigenous program for the collective use and protection of biological resourttS and knowledge. This program \\111 be de\-eloped in phases acoording to geographic areas. 2. Plan, draw up timctab!es for and hold seminars and workshops at the com· munity, national and regionol levels on biodive~ty and prevailing imell«:tual propeny systems and altemati\'es. 3. Establish a pctmanem consuhalive mechanism Unkir~s community workers and Indigenous leadel'$. 3S well as :m infor~ matkm net,vork. 4. Train Indigenous leaders in aspectS or imellectual propeny and biodive~ty. 5. Draw 11p ~ Legal Protocol of Indigenous law on the use and community knowledge of biological resourttS. 6. Develop a strntero• for dissemination of this l.eg.1l Protocol at t.he nationol and in lC.m:uional levels. Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Amazonian Peoples on Biodiversity and IPR Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Amazonian Peoples on Biodiversity and IPR Item Type Journal Article Volume 8 Issue 4 Pages 17-18 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note The Coordinating Body of Indigenous Communities of the Amazon Basin settled on several basic points of agreement regarding indigenous positions and strategies relevant to biodiversity and intellectual property rights issues at a regional meeting in Bolivia. Attachment Title Amazonian_peoples_on_biodiversity_and_ipr.pdf Attachment URL [No URL] Biodiversity Coordinating Body of Indigenous Communities of the Amazon Basin Human Rights Intellectual Property Rights http://saiic.nativeweb.org/ayn/files/original/df8f88ea081db569e7e598e2e3a0600b.pdf 173f8a0b5ce57e7f66f3340924f71e19 PDF Text Text I N B R I E F_ _ ,_,_ Indian Communities Trapped by Ecuador-Peru Border Conflict ighting erupted between the Peruvian and Ecuadorian armies in a disputed Amazon border region ~long the Ccnepa Rh·er valley on jan. 26. What looked at first like an isolated border skirmish has escalated into an intense conOict F At a press conference concluding their visit. the commission announced that the govemment could St<tnd in \'io1ation of the right to life and well·being as a result of oil pollution in the Amazon. t\ final repon on the visit has yet to be released. For more info,.matwn. coruacr: with at leasl 47 dead and 94 wounded combatants. The Sierra Qub l..tgal Dtj01S< Fund. /80 Montgomery St.. Suire HOO. S<ln Confederation of Indigenous Nationalities of Ecuador (CONAIE) demanded a cease fire on Jan. 3 1. stating that. "'more than 300 communities a.re located in the zone of mili· FranclS<o, CA 9410-1, (415) 627·6700. FGX: (-liS) 62i·6i40, email: scldjsj@igc.copc.org. tary connic.t, these Indigenous cornmunilies that have nol Peruvian Indian Communities File Suit Against Texaco n December 29. a class action la,vsuit \I/3S filed in feder- been auended by either the government of Peru or of Ecuador". An unknown number of Indian residents of the region have been displaced from their communities. despite calls by CONAIE for the governments to respect the lives and territo· ry of Indigenous peoples. The war is reportedly costing each side overS 10 million a day. and has heated up with bombings on each side of the border and the downing of several Peruvian planes and a helicopter. Ecuador accepted a CCtlSC· fire mediation offer from former US president Jimmy C:mer and former COSta Rica president Oscar Arias. but Pcno declined to comment on the offer. OAS Commission Investigates Ecuadorian Human Rights Violations or yem'S. Indigenous organizations in the Ecuadorian Fmassive oilh•we suffered hum-an rightsb}'violations asmultina· Amazon a resuh or dC\'Cloptnem carried US-based OUl tiona! corporations and the Ecuadorian government within their territories. The struggle to resolve these problems hit a turning point on Nov. 7 when the Org...'\nit3tion of American Sunes· spe(:ial commission on hun'la.n rights arrh•ed in Ecuador to investigate human rights abuses in that country. Although the commission framed its visit as a general investigation of the human rights situation in Ecuador. the impact of oil development on Indigenous peoples was one of O al coun in New York on behalf of 20.000 Indigenous people !hong on and around the Napo River in the nonheast Peruvian Amazon. The suit charges that mismanaged Texaco activities within Ecuador, along the upper ~ches or the Napo River, caused severe damage to the lnditms' w3y of life in Peru- damage due to the release of huge amoums of toxic chemicals. and to repeated oil spills. This case follows a ground-breaking victory by Ecuadorian Indian organizations in the spring of 1994, when a New York coun held that Texaco could be held liable in US couns for their actions in Ecuador. The Peruvian suit charges Lhat ··texaco deliberately ignored reasonable and S<lfe practices and treated the pristine Amazon roin forest ... :md its people as a toxic waste dump... lt runhcr contends that over 400 flawed well sites were built. despite Texaco's full knowledge that they would ·rcsuh in SC\'Cre spills and environmental damages. The Ecuadorian governmem estimates that Texaco spilled 16.8 million gallotlS of crude oil and oil residues in its Amazonian provinces. with an unknov.m portion winding up downriver in Peru. As recently as J992. the Peruvian Rio Napo ran black with crude that had been released upstream . Irifonnati(}l1 I'YOYid<d by Edwatd f-lmnmcml.. two topics the Commission actually in\'cstigated (the other bemg the treatment of prisoners) . Half of the Commissions delegation traveled to the Oriente region. where they met with representatives from grassroots organizations and leaders or Lhe eoran and Siona·Secora tthnic groups. Commission members were appalled at Lhe impact of Texaco oil develop· ment on the envir onment. The Commission also mt:l with a Huaorani community from the Napo region who reponed on .J>ollution and the encroachment of colonists in their territory. In addition to meeting with state authorities, the Commission consulted environmental. human rights, and Indigenous organizations. including representatives from: CONAl E. CONFENIAE. COICA. ECUARUNARI, FICI, FOIN, and OINt\E. 4 Brazilian Senate Proposes Law Threatening Land Demarcation he Brazilian Stn..1te 3pproved a bill 3imed at eventually reducing existing 1ndian Areas within frontier zones. nnd T complicating the process of rmure demarcations. 10 become law. this bill will have to be approved by the Chamber of Deputies and the President of Lhe Republic. If approved. the btl! will put the already demarcated Yanomami Indian Area. located along the Venezuelan border, at risk of being reduced. The bill threatens not only the Yanomami. but would be a blow to all Indian peoples in Brazil. It is supported by CCO· nomic groups with a \'CSted intcr~t in exploiting the natural resources within the Indian Areas. as wen as cenain sectors or Abya Ya~ News �11'4 the mllillU)' who onsist th~t lndoan l•nds 111 the frontier zone thr-e:ucn nntlon:al security and tht: rnnintc:nancc: of Brazthan sovereignty. Tho$ erron by the Senate is one more obstacle to the already slow process of dcm~rcating Indian lands in Bmzil. According to the bill. future denmaotions would "'quorc the appro,'lll or the N•uon:tl Cong=. Addition~! provi.soon.s would require the Prau:itnt 10 consult ''ith th~ govemnttm of tM state in whoch the Indian Area is proposed Th- rules would make the dtn\.1n::lllOn of lndoan lands an)Where extremely diflkuh. 1f not Im pos>tble. BR I E f Indian Lands in US and Canada Targeted tor Nuclear Dumping uclcnr wnste produced throughout the Untted Statts could soon end up in the lands of the Meadow l..1kc Cree 1~escrve in Canada$ Saskatchewan provmce. tr plans under conslder:"tuon b)' tnbal c-ounca1s. nuclt~tr pow.:r compames N and gov~mment agtncits come to frunion. this would be 1hc "·lst• finol >top tn • long chain or nuclelr production and storage houstd on. or adjaeenl to. lndum bnds. The US Dcp>nment of Encr;y ond • potcntlO.I waste r<etpt<nt. Atomic Energy of Canoda LTD. uc consodenng construction or !\ pennanent nuclear wnstc dump on the From CIMI (lndrnn1U M1.$Swtr.a1y Co11rK10. Meadow l.,ke Cree Reserve. The Mcodow Lake Tribal Council hns supponed thts proposal. In their current l!<:onom1c lnttimives Report. the Council tout$ the dump as More of the Same Under Paraguay's an economic boon for the tribes 8.000 members. "Democratic" Government In promoting nuclear waste as the cure for econom1c nd~gCnO<lS peoples in Paraguay h.wc yet tO reap the benefits or dcmocmcy. which was restored m 198<} ~rter more th.•n titre<: tlls. th< Counctl follows in th< foototcps of the Mescalero cl=dcs of mdllllry diCt3lotShtp. Utde N5 ch;lngcd for Paroguays Tnb•l Counctl m New Mextc:o. whtch has olltred the hodlg<nous peoples smcc ~r:ll Allrcdo Su~r$ ovenhrow Mescalero r~r,~uon as 3 temporal)~ nucl.e3r sr:oragc snt m 1989.ln fact. rn>n)•orthecountlj~ lndogenousoommunhles In Feb. 1994. offictals of the Meadow L:tke Cree and the ""'" b«n fighnng mcrea.sed Jlr<SSUn'S to fore< them ollthetr C"..anadHm go,·cmment ,,sittd the Mesca1ero Reservalion. and arc reportedly working on an agreement \ltithin which lands. as wrll as go\'emment m.diiTr.rt:.lll'C to their needs. ' \\'e have tnle to our land. but 11 has been mvaded by more the Mescalero would act as temporal)' holder and broker or than 200 J>e:l.S."\l families. Our forest has been destroyed. our US nuclear waste-which would then be shipped on to Cree wild fnnt trees have been uprooted and tossed asldc without lands Mescalero Tribal Presodent Wendell Chino is cur· puy. the animals in the jungle ha,·c been ko off and we ate rently negotiating wuh thirty·t\VO utilities :md three lled going hungry." sud Nobeno Romero. nn elder m the Mby:l· nucle;ar comp;tmts for stornge of their waste, according to Gu.1rant communlt)t located m Ypa~ ln the S()Uthem depanment n Grccnpc3cc rcpresent3th..,. These pl>rlS may ha..-e been or c.-.-pa Dozens of surular confltru an: bang 0\-erlooked. or fordlalled b)' • tribal pltbtSCttc '" whtch Mcsc:dero mem· pla)ed doun, b)· President Carlos \\'osmosys g<>'-ernmcnt. bel'$ catcgonally rejec<ed propos:~ Is for nuclear '"llSSe stor· In 1Cl93. the lndig.."flous oommunlty m \'patl m.•naged to :tgc. The i'onh 1\mencan Free Tr>dc ,\grccmtnl (NAFTA) have SOlllt of tiS ttmtOij' dematattod :IS an lndtgt:nOUS resel''e has povcd the way for intcrnnuonnl shopptng or nuclear The COitlniUOil)' of Ypau \\':1$ gtven 2.600 hectares of natural wnstc. lrr.1di:tted fuel is a noi'Hnrl(f item wuhan the uadc fOt'dllS nnd swmnps 10 share with two other communities. However. 1hi~ has not put an end to the l:md mvasions which :lsrccmcnt. '""king it economic to ship nuclc:u 'vnste mto beg.1n In 1989. The mOst recent land uw:l$ion In \'pau beg;m this Cnnndf'l. The only requircmenl Is nccess «o temporary and paso Apnl, an official in the Mlni!.ll)' of Agncuhure and pwnnncnt stomge sites. For this. Indigenous l~nds have R.1nchmgs r..rm Credit Office Is reportedly • principal backer or been tnrgctcd, just as the)' h~ve •lways been for nuclear thiS tn\-;~S10n. Thn:e months >ftcr compe.stnos ~n invading te:sung. urnn1um mining and fuel enrichment. Tom Goldtooth of the lndtgcnous En,~ronmemal the Indigenous bnds- the )llS<tce ~hnlSil)' orde"'d politt to disNetwork char:teterizes th1s as ...a plot b)' government and lodge the tn\-.dets. Yet, no xuon l.,s bttn tokm The P.lrngu:ayan g«)\'t.mmcnl'~ pos:atton tn re.1:uion to tndU>tl)' to take ad,'llntagc of lndt3n trmtones: He adds. Indigenous commumties is charactonztd by a double standard. "'They know that wt don"t ha\'t: tnvn'Onmental codes or Parogua)• N5 one or the best l~ws 011 Indigenous rights in L:uin 1nfrnstructures that would protect us from stornge of w;\Ste. Amc!iCI. but pa)'S little aucmlon to ot. Instead. nccording to the Our network and our consutuems have been vchemcntl)' ln<hg<nous rights group ProfessioMI Soclo·Anthropologkal and opposed to 1hc federal stmtcg)' to site nuclear facilities on Legal Services. the government h:IS octunlly tried to p.1ralyze the our lands. It has to be stopped. If our d<•cted trib.1l orfi· dal$-<lnd some of them are puppets of the government-won't progr&.<S of Indigenous oommuniues nnd nllicd NGO~. stop it. our grassroots organizatiOns Will ... lttf~rmtttwn Jwm IAunan-.cnco Pr'ts.S, Uma. Ptru I \-Ill. 8 No. 4 s � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Brazilian Senate Proposes Law Threatening Land Demarcation Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Brazilian Senate Proposes Law Threatening Land Demarcation Item Type Journal Article Volume 8 Issue 4 Pages 4-5 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note The Brazilian Senate is considering legislation that would possibly reduce the size indigenous reservations. Attachment Title Brazilian_senate_proposes_law.pdf Attachment URL [No URL] Brazil Legislation Reservations Yanomami http://saiic.nativeweb.org/ayn/files/original/a33ad888aea23c61a8201958f48f21b8.pdf f9a90267e85b2f68845cba85f4d72b86 PDF Text Text ORGANIZATION AND Expanding Indigenous Journalism in· Central America ndigenous leaders met in E1 S.1h'11dor from NO\'. 11 -13 for the second Centro! Amencan plnnnmg meeting for the lntcrn:lllon:ll Indigenous Decade. According 10 the I PS news service, represcntnuves focused on plans to boost lnd1an news mcdlo 1n the region. N1cnmguan l ndl~enous leader Mirna Cunnlngh.'\n po1 nted 10 • pilot project bemg camw OUI In N1camgua with md1o and the p~ wh1ch could be ben<flctnl for 1he d.-·elopment of lnd1genous med1a m Ccntml Amenca. She ln(ormrd IPS th.'ll the tr;umng of lndtgenous )oumahsts and professionals ·IS alread)' happemng m the regton. ah hough 01 modest levels." and added that the upgmdmg o( CXIStiOg programs is bcmg sought. ;\dnnn Esquino L1sco. head of the N•uonal Indigenous Association, stated that they were thinking of stnrtlng an lnd1 gcnous mdio station, although they lacked lnfomtatlon on the current situa· tlon R1goberta Menchu. who W:J.S also pr<S<nt at the m<eung, pledgtd the suppon of the Vicente Mcnchu Foundation m undcnnkmg a study of the oaual situotoon and needs of lnd1genous communmos In Guatemala, Hondur3S. N1caroguo Jnd the southern Mexican state of Ch1>p.1S. COMMUNICATION of trust "'sponslbiliues h tstoblished a Zunl on 1ssucs conct'ming n:uu~l resources. S1gnifl(llmly. the pbn uses Zuni religto\IS ond cuhuml valuos :J.S the b:J.Sis for decision-moktng. This approach to development has pro\•isions to provide Imming of Zunis already brought a 8"'"t deal of success to fall profes.~ional positions. the build- to the project and to Zuni. The project ing of gcogmph1c lnformauon systems. now cmploys60 lll:oplc. 59 of which are ond elabomtlon of n resource develop- Zuni. lmplernc.nuuion o( lhe pktn 1$ 1n its first yblr and watershed rehabilitament pion. Intellectual Property R~ghts is one of lion has already begun. Tmd1tional agothe pLOJ«ts prmctpal concerns. 2um are culture IS molong a comeback and trndl· in the process of deflmng for themselves uon>l technolog)' lor ci'0$1on control IS what Zum tmellectu>l proptny IS and being tncorpomt<d mto the rthabohta· what t)'pt of "pLOt<ctton" they would non \\rork. lnd1gcnous communuzes hkr to sec for thts proptrt)CTrodutoml tntemauon.tlly have shown amerest in seeds, for exnmple. need to be plotect· the ptOJCClS appro.1Ch to communuyed. but cnnnot be used-¢,-en by b:J.Sed development ZunlS-for commerdol purposes. $.1cred sues. religtous ani(:~cts. trodiuonal an Tribal Sovereignty: Back to the styles. l:mgungc. religtous ceremonies. Future? songs. and medicimd plants nre other his symposiUm on the rights ond status of Indigenous people was types Of "property" COnSidered for pro· tection . sponsored by 1he St. Thomas University. A related yet sepamte Issue is that its Hun10n Rights Institute, its law of cultural preservntlon. Many of school. and the Oklahoma Cuy Zunt5. tradhaons have endured the pas• Umverslty Notlve Amerlcon Legal 500 years. Zum contmue to pracuce Rcsoun:e Center. It took place m ~hami, rchgoous and cultuml tmdiuons that Flonda on Dec I and 2 The conference. ongmatcd thous.mds of years >go. The addressed issues or lod1311 culture and past 50 yc.• rs. howe\'tr. have brought sptritu>hty "" well M cbiOIS of tnlxtl about ropld chongcs In dcmograph1cs 50\'treignt)' and cnucal IS>Ues of fcdcral and hfestylt. The Conserv:mon project lndL1n law. ond was designed 10 Crt.lte a holds that much of I he do mage 10 Zuni launchmg pad for ongoing research and lands "'suhcd from the breaking of ana.lysos. Zuni Conservation Project traduional forms of land manngcmcnt. The conference fcaturcd • broad Pushes Sustainable and know~ that traditional methods array of subject m~ner ond expen Development are much more sustnlnnble, and strh·es speakers from Bmzll to Alnskn. Papers he Zuni Tnbe loc~ned in wesHcn- 10 mcorpomtc and rtjuvenme the use from the conference and highlights of tml New Mexico fomted the Zuni of traditional technologies and prac- the discussions will be published in a Conscrvntlon Pl\)jcct in 199 1 to serve as lices into nnturnl resource use plan· special Spring 1995 issue of the Sr. th~ir dcl):'rCmem of n:uurnl resources. ning. Thomas l.aw Re••fcw. The Zuni communuy has approximately By the end of 1993. the Zuni 9,000 pe-ople. In 1990, p.15Sag< of the Conse"•auon Pro.JC(t completed a plan For mot< lnformattoto: the Zuni Conservauon Act enabled of acuon fe>< sustaonablc development Pnlf"'-"'' Slrtfru:d ll'f<»tt<r. Clwlr. Sutnng l>unchlng of 1hc project The Act was -the Zuno ~rce o.:,·elopment Plan. Commlll« Tribal Sowr<~g~~ly S)Oijli>Wm. J>35$d to cnd Ol.'lny >~rs of litiW~tion This pbn follows the forn~11 of the UN'S S<. ThDrnM UnM"'IJI S<looal cf l.a"' >g>lnst the US Go\'cmment for damage Ag.onda 21 doeumem. tn se1ung gu1dc- 16-ICO N IV J2nd "'~ Mwmt, fl<>nd<J JJOSi. to Zum l•ncb ond f10m mismanag.omem hnes. goals. and .lCioon obJCcti\'CS for Td; (lOS) 62J.2JOS, FGX. (lOS) 62J-2.J90 I T 16 Sl7 moUton trust fund to set up a system of bnd management to rehobilit;ue nnd conserve Zums land and natu.ml resources. Also Included In the Act ore T � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Expanding Indigenous Journalism in Central America Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Expanding Indigenous Journalism in Central America Item Type Journal Article Volume 8 Issue 4 Pages 36 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Central American indigenous leaders met in El Salvador to discuss plans to boost Indian news media in the region. Attachment Title Expanding_indigenous_journalism_in_central_america.pdf Attachment URL [No URL] Central America Indigenous journalism International Indigenous Decade http://saiic.nativeweb.org/ayn/files/original/e3f1e0ebac8291945025115b4dd33937.pdf 95426830901ddba0c59f737f27e049e6 PDF Text Text SA I I C you have probably heard, SA!IC has moved to a new office pace on the third noor of 1714 Franklin, also in downtown Oakland. \Ve inaugurated the new office on Dec. The Abya Y Fund. a newly founded ala Indigenous foundation, is also taking off. and will be sharing SAIIC's expand· ed office space until it finds its own 16 . Among the many visitors were Mapuche representatives from the Kimberly Rosa. Development and Administrative Coordinator for the last two and half years has left SJ\IIC to help stan a community 1 nediation program in San Luis Obispo county. where she moved in the m iddle of December. Kim will be in contact with SJ\IIC until her replacement is oriented to the work. Kim has been of tremendous value. in building SAIIC's administrative and financial tapaC and we will miss her lly. presence in the office. In other major staff changes. SAIIC is pleased to announce that Leticia Valdez has been hired for the position or administrative coordinator. Constanza Castro and David Tccklin who have managed jour~ !'al production for the last year and a half will be turning the role of coordination over to Rcynaldo V asquez. Al fonso Jaramillo who designed Abya Ya.la News' current fonnat and has pro~ duced last year's editions will also be leaving this work. SAliC continues to move forward with efforts to use computer networks to advance ils work. Marc Becker. who continues as communications coordina· tor, has helped establish an electronic conference on PeaceNet called saiic.ind.igo, ond has facilitated board Consejo de Todas las Ticrras in Chile. These representatives did several presentations in the area relating to NAFTA, where they expressed their opposition tO the free trade agreement wh ich wtll negatively affect the land and natural rc::sources in their territory. They were enthusiastically received in the San Fmncisco Bay Area and are planning future tours of the US. In October, we were honored to have a visit from the Quichua leader Luis Macas. President of CONAIE. the national lndigenous organization in Ecuador. He was attending a conference of Goldman Environmental Pri_e winz ners. and took this opportunity to make several presentations to l.uge audiences · at UC Berkeley. Board member Guillermo Delgado debated Indigenous issues in the National Association of Anthropologists meeting that took place in Atlanta, GA. B oard member Alejandro Argumedo panicipated in the Conference of the Panies tO the Convention on Biological Diversity in the Bahamas in Nov. and Dec. and lobbied for provisions to protect Indigenous bioculmral resources. Vol. 8 No.4 loc~uion . members communication through email. As a reminder to SAIIC supponers who have an email account but are not on Pe.aceNet. you can receive copies of postings to this conference by send· ing a note which simply says, ·subscribe saiic- J • to majordomo@lgc.ape.org. Either read saiie.indio on PeaceNet or subscribe to s.:1.i.ic~ l in otder to receive urgem action <\.lens and other news fr om SAil C. tf you have que-stions about how to access this infonnation, please contact Marc at the SAIIC ofnce. Email users can also retrieve an electronic copy or SAIIC's brochu.re which describes our work by sending a blanck email note to saiic-info@igc.apc.org. If you use gopher. you ca.n find a copy of \his brochure: • • • . Finally. SAJIC has also established Its presence on the Internet in the form of a World-Wide Web Home Page . Use your WWW b rowsers (such as Lynx, Netscape. or Mosaic) to a c c e s s http :1/igc .ape. org"saiic/sai ic.h tmi. SAIIC cominues to seek to broaden the base of subscribers to Abya Yala News. Please help us by asking your friends to subscribe. In addition. we urge you to clip t he Library Recommendation Fom1 below and submit it to your local public or universily library. This is o highly effective manner o f spreading Indigenous perspectives more widely. 39 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource News from SAIIC... Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title News from SAIIC... Item Type Journal Article Volume 8 Issue 4 Pages 39 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note SAIIC has several important updates regarding new opportunities and incoming staff. Attachment Title News_from_SAIIC.pdf Attachment URL [No URL] CONAIE NAFTA saiic http://saiic.nativeweb.org/ayn/files/original/fbbb761959390b5a615a9b0deee03998.pdf 4f1205f1b4ea24f00c7f6842ee3c487e PDF Text Text PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework by Darrell A. Posey afeguarding 1raditional knowledge S :1nd biogenetic resources has become a ccntr1!1 struggle in the expression of Indigenous self-detCm1ination. V.lhitc il is a growing "''"''areness of dte scale of 1>ast and prcsem misap· propriation by science. industry and other commercial interests that has pro,. voked this concern, tr3ditional resoutces arc also increasingly sec1'l as the basis for greater political autonomy and economic self-sufficiency. lmcllecll!al Propert)' Rights. or IPR, has been proposed as a 1cgal ins1 nunem under which Indigenous peoples could seek protection for ki\Owledgc and resources. IPR developed as a western concept to protect individual, techno· logical and industrial invemions. The dangers lying within the IPR debate are well recognized b)' Indigenous peoples. Dr. D<zrrtll PO!<. has many ytar$' txptritncc )' working on IPR a11d biodi\'crsity issues. and is currtmly with tht WOrking Group on Tr·aditional Rtsoura Riglus al Lhe Oxford Centre fOJ· Envirunmcnl. ElhiC$. and Society at Oxford Un11·ersiry. Vol. 8 No.4 who, along wilh m~ny other researchers. a) Global funding for ex-plo itation: think that IPR is not an appropriate First. the Earth Summit (United N3tions mee:h3.nism to strengthen and empo,ver Conrercnce on Environment and troditional and Indigenous peoples. Development), held in Rio de Janeiro in The term Tradilional Resource June. 1992. dealt in large pan with how Rights. or TRR, has emerged from the biological diversity conservation could debate around IPR to describe a broader. be economically exploited through human-rights b:tsed concept composed biotechnological development. and of the "bundles of rights" taken from effectively highlighted the economic other international instruments and JX>tCntial of traditional knowledge and agreements (including IPR). TRR is a resources. The Convention on Biological £'irst attempt 10 define and idemify 10 Diversit)' which emerged from the what extent existing international cus· Summit calls for the study. use, and tomal)' law and practice c..1.n be used to application o( "traditional knowledge. defend Indigenous knowledge and bio- innov~tions. and pr:lClie:es." Its :lC<;orngenetic resources. and then to build panying document. Agenda 21. actually upon these "bundles" to achieve omlines funding priorities to implement Indigenous peoples' goals. Indigenous this process. As a result. considerable people will lead the process or develop- global funding will be directed toward ing this framework according to their the exploitation of Indigenous knowlspecific needs and pr11ctices. edge and biogenetic r~sources. b) BiOl>rospec ting: Second. an Biodiversity Prospecting and increasingly large number or companies Economic Activities are ..biodiversily prospecting--that is, To understand wh)' the safeguarding looking for biogenetic resources (plants, of knowledge has recently become a ~mimals, bactcritt, etc.), including major issue for Indigenous peoples. con- human genes. that can be used in the sider the following pointS: biotechnology industry. Quinine and 9 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY curare are familiar examples or this phe- nomcnOI'l, Never before. however. have there been so many companies and collecting organizations interested in those biogenetic resources that have been nur- tured. protected and even improved by Indigenous peoples. The Guajajara peo. pie or Brazil use a plant called Pl1il0<atpus jaJxmmdi to tr~at glaucoma. Although Brazil now cams $25 million a )1 ear from exporting the plant. the Guajajara have suffered from debt peon· age and slavery at the hands of agents or the companr hwolved in the trJ.de. Funhcrmore. Pilocarpus populations have nearly been ,,;ped out by ravenous. unsustainable collecting pracciccs. c) Economic possibilities for Indigenous peoples: Lastly. many Indigenous communhics need and are looking for economic altemati\'tS. In the tropics. there arc oflen few economic options other than timber exu-action, mining, and ranching. Yet. the tropical ecosystems are constantly touted as being one or the richest in biodiversity. \Vith a huge potentiaJ for cJiscoverie.s Of new medicines. foods. dyes. fertilizers. essences. oils, and molecules of prime biotechnological use. ln summary, the problem or knowledge and genetic resource exploitation nov.• experienced by Indigenous communities is only the stan or a huge aV'31anche. The Right to Say " NO," and Categories of Protection The first concern stated b>' Indigenous peoples in every imemation· al forum is their right not to sell. commoditize, or have expropriated cenain domains of knowledge :md ccrtai!'l sacred places. plants. animals. and objects. Subsequent decisions 10 sell. commoditize. or privmize are only pos-sible if this bas•c right c;~.n be exercised. At least nine categories o£ traditional resourccsllndigenous intellectual prop· Crt)' can be identifkd which a people or community may be concerned to pro· teet £rom mi.S<1pproprianon: l. Sacred properly (images. sounds. knowledge. 10 material culture. or anything that is deemed sacred}. 2. Knowledge or currem usc. previous usc. potential use of plam and animal species. as well as soils and minerals, kno\Vn to the ctthural group; 3. Knowledge of preparation, processing. storage or useful species; 4. Knowledge of formulations involving more than one ingredient: 5. Knowledge or individual species (planting methods. caring for. selection criteria. etc.}: 6. Knowledge of ecosystem conservation (that protects commercial value. although not specifically used for that purpose or other practical purposes by the local community or the culture); 7. Biogenetic rcsour<:es that originate (or originated) on indigenous lands and ter~ ritories~ 8. Cultural heritage (images. sounds. crafts. ans. perfonnances}; 9. Classificatory syStems of knowledge. Quite clearly. knowledge is a thread common to all t hesc categories. Many Indigenous groups have e.xpressed their desire that all or these be protected as pan of the larger need to protect land. territory. resources and to stimulate self· determination. Control over culu.lr:\1, scientific and irndlectual property is de facto self-determination-although only after rights to land and terriwry are secured by law and practice (i.e.. boundaries are recognized. protected. and guaranteed by law}. But. as many Indigenous peoples have discovered. even guaranteed demarcation of land and territory does not necessarily mean free access 10 the resources on that land or territory. nor the right to exercise their o v.rn cultures or even lO be com· pensated for the biogenetic resources that they have kept. conserved. managed. and molded for thous.1nds of > 'cars. The Search for an Alternative Framework: Starting points for a new system A wide range of imcmational agree· tnems, dedarations. and draft docu· ments have relevance £or building a newly designed S)'SLem to protect Traditional Resourc'C Rights. These are labor law: human rights laws and agreements: econo1nic and social agreements: intcllccmll propel'ty and plant variety protection: fanners' rights; erwironmen· tal conventions and law; religious free· dom acts; cultural propeny and cultural heritage; customaty law, and traditional practice. Highlights from each or these areas arc described below. Labor Law: IPR and ILO The International labor Organization (ILO) was the first UN organization to deal whh lndiger1ous issues. establishing a Comn1iuec of Experts on Native Wbor in 1926 to develop inter· national standards for the protection or native workers. In 195 7. the !LO pro· duced the Com•emion Conccmiug the PrOle:ction and lntc.:grarion of lndigenou$ and 01ltcr Tribal anti Semi-Tribal Populmians in Independent Countries (107). This was rewritten in 1987 as the Com•ention Cot~cembtg lndigetJ<ncs Peoples in Independent Cottnlrit.-s (Convention 169} with much or the original~ "inte· grationist l~nguagc" removed . The con· vc1nion's key <:omtibutiOrl is lO guaran· tee Indigenous peoples' rights to deter· mine and control their own economic, social and cultural developmcm. It also recognizes the collective ospcct or Indigenous possessions. which is of obvious importance to IPR issues. since collectivity is fundamental to transmis· sion. use and protection of traditional knowledge. Until now, Convention 169 has not been sufficiently used with implementation of IPR in mind. liuman Rights a1td lntellc<:t ual Property lmcrnational human rights laws offer some mechanisms for cuhurnl protec~ lion. The princ.•pal problem is thot these are oriented toward n:uion-statcs and do not easily "provide a basis for claims againsl multinational companies or indi· viduals who profit £rom traditional knowledge.• The 1948 Unive~·sal Dedararion of Human Righu 3_ d the n Abya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAl PROPERTY Hundreds of potato varieties are grown and preserved by Andean peoples 1966 lnccr·natlomzl Ccwenmu on ECOtlOmic. Indigenous pc:oplts luwc: tht right ro tl1t Social tmtl Culrur'al Rights guarantee f1.111· t>rotc:ctlon and, wllerl: at'P'Otniatc, the damemal freedoms of personalintegrily re.ltabilitation of tltc rowl environment and and action; political rights: social and productive capacily of their lands ruul terti· economic rights: cuhuml rights and tories. and the rig1H lO tldequatt assisumce equal protection under the law. Within including irucmalio,lal cooperacicn to this this gu3rantcc is the right of self-deter- trul. mination. including the right to dispose It is dear that IPR should to be seen a.s of natural wealth and resources. This a basic Iutman riglu, worthy of incorporaalso implies the right to protect and con- tion in tht C<lmpaigns of lwman ,ights org:aserve -resources. including intellectu:.\.1 nit<tlions. property. Signincantl)• these human rights . Econon'lic and Social Agreements laws also protect the right to own co11ec· In 1972. the United Nations tive propeny. as well as guaranteeing the Economic and Social Council fonned a right to just and favorable remuneration special human rights Sub·Commission for work-which can be interpreted ns to Study the problem of discrimination work related 10 traditional knowledge. against Indigenous peoples. After releas· Finali)'. they provide for "recognition of ing a lengthy repon that found inadeinterest in scientific production. includ· quate protection of Indigenous peoples' ing the right to the protection of the rights whhin existing international moral and material interests resulting insrrumems. the Sub-Commission (rOO'l any scientific literary or anisliC released various resolutions recomproduction.· mending U>althe UN "Provide explicitly This language is echoed in the Draft for the role of Indigenous peoples as Dcdm·ation on tlte Rights of Indigenous resource users and managers, and ror Peoplc~s which states: the protection of Indigenous peoples' Vol. s No.4 right to comrol of their o'vn tmditional knowledge of ecosystems." It also requested the Secretary-General to prepare a concise report on the c.xtcm to which existing imernational standards and me<:h:misms serve Indigenous people in the protection of Lheir intellectual property. The human righlS commission has played an important role in pressuring other UN agencies to take action through these calls for protection of. and protection for. Indigenous peoples' IPR. Folklore and Plant Variety Protection The U n iu~d Nations Educational. Scientific and Cultural Organization (UNESCO) should be a logical forum for IPR discussion: yet, while UNESCO hns heard "petitions" of complaints by native peoples related to the fields of education. sde.nce. culture and inronnation, Indigenous questions remain marginal 10 UNf:SCOs agenda. The World lntellccwal Property Organization (WIPO) in Geneva has 123 member states that have reached 11 �PERSPECTIVES ON B IODIVERSITY AND IHTELLECTUALc..P ~::;P E RTY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~~ :..cRO :.,::,:::.:.!..... tions or ~rarmers' rights• and '"breeders! gested that IPR is essentially a question rights" have been extensively debated in of religious freedom for indigenous peothis context . In 1987 FAO established a ples. ..- uch o£ what they \VC\I'lt tO COO\· M fund for pL1m genetic resources. with mercialize is sacred to us. \Ve see imel· the idea that seed producers would vol- lectual property as pan or our cultureuntarily contribute according to the vol- it eannot be separated into categories as ume of their seed sales in order to I\Vestcml lawyei'S would wam."' Pauline r finance projeCtS for SUStainable USC of ·- angipoa, a Maori leader, agrees: plant genetic resources in the Third "Indigenous peoples do not li•nit their ~'or1d. Unfortunately, major seed pro· religions to buildings, but rather see the du~rs like the USA opposed mandatory s.'cred in all life." Exploitation and Other Pr<judicial Actions, which recognized individual and <:ollec· contributions to the fund. and il has Cultural Property ti"e folklore tr.1ditions. Though ne"er turned out to be totally inadequate. ratified. these provisions-backed up by In re~m )'ears, Indigenous peoples Etwironmental law: life after the have been incre-asingly successful in criminal pena1L1cs-proposcd prote(tion Earth Summit reclaiming the tangible aspects or their of folklore. including material which has not been written down. ·rheir secon.d The Rio Decl<lralion which emergtd cultures. or •cultural property." from important contribmion was to provide from the Earth Summit highl.ighted the museums aod institutions. This tenn for copyright protection or folkloric per- central importance Indigenous peoples has yet to be clearly defined, but has formances. have in attaining suStainable develoP" come to refer tO C\'erything from objects Within W IPO's jurisdiction, the ment. The Summits legally binding of an to archaeological anifacts, trndi· Union ror the ProtecLion of new V.1rieties "Convention on Biological Diversity"' donal music and dance:. and sacred sites. of Plants provides protect ion to breeders (CBD) does not explicitly recognize IPR The concept of ·cultural heritage· has of new plant varieties that are "'clearly for Indigenous peoples. but its language aJ)I>earcd as a related "legal instn.nnem .. distinguishable," suficiemly homoge- can easily be interpreted to call for such to link knowledge and information to neous.'" and "'stable in essential charac· protection. Following effective lobbying the cultural anifact, and has been used lCriSlicS.,. by Indigenous organizations. signatories successfully as a legal tool in Australia. The critical factor here is to link folk- to the Convention have pledged to: lore and plant genetic resources with respect. presen1e and maintain knowl ~ Customary Law and Traditional intellectual property. his this complicat- edge, innovations. and practices of Practice During inrormal hearings ror the ed legal linkage that allows for expan- Indigenous and local communities sion of the concept of IPR to include tra- embodying traditional lifestyles relevant 1992 Earth Summit in Rio de Janeiro. ditional knowledge. not only about for the conservalion and sustainable use Indigenous representatives pointed out species use.. but also about species man· of biological diversity, and to promote several basic problems with the conagcmcnt. Thus. ecosystems that Me their wider applic:uion with the ceptS of intelleCtual and euhural propermolded or modified by a human pres- approval and involvement of the holders ty: I) The di,osions between cuhural, ence are a product of Indigenous intel- of such knowledge. innovations and intellectual. and ph)rsical propeny are lectual property as well, and. conse- practices as well as to encourage the. not as distinct and mutually exclusive quently, are products themselves-or equitable sharing of the benefits arising for Indigenous peoples as in the Westem offer products-that are protectable. from the use of such knowledge. inno- legal system. 2) Knowledge generally is Furthermore. "'wild .....semi-domesticat· vations and practices. Agenda 21. which communally held. and. a.lthough some ed" (or "semi-wild"). and domesticated accompanies the Convention. specifical- specialized knowledge may be held by plant and animal species are products of ly includes Indigenous peoples and tra- cenain ritual or society specialists (such human activity and should also be pro- ditional knowledge in its "priorities for as shamans). this does not give the SJ>e· action"' toward sustainable develop ~ dalists the right to privatize communal tectable. heritage. 3) Even if legal IPR regimes ment. Fannc·rs· Rights and the FAO were put in place. most Indigenous The UN Food and Agriculture Religious Freedom comnmnities ,.,,ould not have: the finan· In a seminar on IPR at the United cial means to implemem. enforce. or litOrganization (FAO) has worked to find ways for developing countries and Nations Human Rights Con\'entiOI'l i1'l igate them. It was clear that under some ..Third \\'orld rarmers'" to get a share in Vienna, June. 1993. Ray Apoaka of the drrnmstances commercialization or . the huge global seed market. The ques· Nonh American Indian Congress sug- knowledge and plam genetic resoun.-es continued on pg. 37 broo1d agreements on the terms .;indus· trial property' and · copyright." Ho\vevcr. wilhin the \Vli>O framework Indigenous IPR. as cotleclive propeny. would be considered folklore and not protcctable. In 1984. however, UNESCO and WI f>O developed Model Previsions fer Natiorwl Laws on the Proccction of Exi>rcssions cf Foll1lcr< Against Illicit 12 IV>-(a Yala News �CONT I N U ED Biodiversity, Community Integrity and the Second Colonialist Wave Guatemala Peace Talks < Continued from pg.12) <Continued from pg.26) mighr be desirable. bm rhe prime desire f<>r Indigenous peoples was an IPR regime that suppons their righl to s.1y '"NOM to privatization and commercial· iu uion. Indigenous delcgares mcering in Rio de Janeiro released rhe Kari·O.:a Dttlamrion and ln<lig<nous Peoples' Earrh Charter. Clause 95 Slates d>at "Indigenous wisdom musr be reoognized and cnoour· aged." but warns in Clause 99 thar "Usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples." Clause I 02 of rhe Kari·<Xa to discuss rhc evolving IPR debate. During the 1993 UN Year for the Worlds Indigenous Peoples. intellectual and cultural property righiS were on the agenda of ne.1rly every major Indigenous encounter. One of the most lacking areas of IPR research is that or non·western IPR regimes. Up to now. the debate has centered around UN and \Vestem concepts of intellectual and genetic property. But whar abom the property rxgimcs of Indigenous peoples themselves? A syn· thesis and :\nalysis of non-Western S)'$tems would be very helpful in finding cre:uive solutions to IPR protection. Declaration is e.xplicit about indigenous peoples' concern on IPR issues: As creators & carriers of civllizar!ons Conclusion \\·hich have given & conlirwc ro sJwrt It is fundamental that IPR/TRR lmowltdgc, experience & values with should nor be used simp!)• 10 reduce tra· humanity, we n::quht that our rig'u to intc:l· ditional knowledge into Western legal · kcttwl & cultural t>roperties be guarameed and conccprual frameworks: Indigenous & that the mechanism for racl1 implemrn· legal systems and conccprs of property ration l>t in favor of our p<oplrs & srudied righiS should guide the debate. The role in depth & imt'ltmcnU<L This respect must of scicmists, scholars and law)'ers lndude the right over gttiClit raourtt."S, should be to provide informarion and gtlle banks. biorechrwlogy & knowledge of ideas; it will be Indigenous and rradibiodivCI">ily programs. rional peoples rhemsclves who will. in Since the Earth Summir. dozens of man>' different ways. define Tradhionll conferences, seminars and workshops Resource Righrs rhrough practice and ha,·e been held by Indigenous peoples experimentation. VOi:SNo. 4 ator to work with both panies. On January 4. 1995. Siglo Veinliuno reponed that President Ramiro de Leon plans to sign a peace agreement on Februar>' 24. The more direct intervention of rhe UN Secretar)' General appe~rs to be producing results. but it remains to be seen. It is interesting to note that neither Lhe Government nor the URNG has clearl>' presented its respective posilion to the Maya community or to the Guatemalan populace. Each of the tWO seem to have used the Maya comnnmily as a pretext to drag out the process toward a peace that didn'l sui! either one. In times of peace. you cannot justif)' the e.xistence of a repressive military. nor of a radical guerrilla movcmenl. That is why we must contin\IC to rcasscn the final words of Se<:rctary General Ghali : "The participants in the Guatemalan pe-ace process must. renew their commiuncut to a dynamic negota· tion that provides clear direcuon towards a quick and just resolution lO the conflict." Along wirh Mr. Ghali. the Maya. the principal-and numerous-vic· tims of this conflict, request ..a jltSt resolution" for themselves, for their children and for Guatemala. 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Darrell A. Posey Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework Item Type Journal Article Author Darrell A. Posey Volume 8 Issue 4 Pages 9-12, 37 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date 1994 Language English Abstract Note Safeguarding traditional knowledge and biogenetic materials has become a major issue among indigenous peoples. The article explores what is at stake for indigenous communities as well as possible frameworks for protecting resources and knowledge. Attachment Title Safe_guarding_indigenous_knowledge.pdf Attachment URL [No URL] Bioprospecting Intellectual Property Rights Traditional Resource Rights http://saiic.nativeweb.org/ayn/files/original/48270ba45a1066bd5b83e7847896dd32.pdf 4afbca1365f2ea20309aa0b4c64294a4 PDF Text Text I N TE RNA T I O NAL Mapuche at Summit of the Americas: "We Oppose the FreeTrade Agreement." edge at the service of the nonhern coun- tt)'S transnationals... This declaration sprung from a con· fercnce held in No\·ember in Temuco. # Chile. It begins, "In this declaration. we establish a political position before NAFTA. In March, we will hold another meeting to el. borate a set of proposals to a guarantee Indigenous rights in relation to the free-trade agreements. \Ve arc holding a series of consultations. because we wam everyone to be fully We alert the Indigenous peoples of America that the multilateral economic agreements which are being adopted by the Latin American governments compromise the future of the continent. in which the Indigenous peoples are a reality that possess historical legitimacy over awa_e of any plan. program or project r the territories in which the governing states have been established. derived from the free trade :\greement -Consejo de Todas las Tierras. Declaration of Temuco. Dec. 2. 1994 and applied in Mapuche territory. But in addition, we wam guarantees for our uring the Summit of the ended." Huilcam~n noted. "but this war righlS. This rna>' cause confliCtS with the Americas. President Clinton of ecor\omic competition is more dan· state, and of course. the communities are announced the future entry of . gcrous, more harmful. more e.ffec;tive. going to defend themselves. This conOict may have unpredictable resultS.• Chile into the Nonh American Free more destabilizing." · we p.1rticipated in the Summit-stat· Trade Agreement. AucAn Hui1cam.<1n and )ost N:.t.fn. tWO representatives or the ed Huil~mctn-in order to make our Other States W ill Soon Follow ln the Summit, the states announced Mapuche Indian organization in Chile. physical and cultural existence known, Consejo de Todas las Tierra.s (Council of even when the States and in panicular development of an act ion plan to review All the Lands). p resented a formal decla- the Chilean state say that there are only and improve the laws that protect the ration to those at the Summit, denounc- Chileans here. We demonstrated that in rights of minorities and the Indigenous ing the multilateral agreement as illegit· Chile there is another realit)• apan from peoples, but according to Huilcam:ln . imate. since the states have no authority the unifomlity that the State is trying to :.'lnd NaJn, this is ..just a way to make the D o ver their people. The declaration affirms that the states can legitimately meet to discuss the free·trade agreemem, but cannot unilaterally make decisions that affect Indigenous peoples. "The Indigenous people arc a rMiity. We p redate the states. We pre-date the governments that today make decisions for us and for the comincrn ... at the same time. those agreements are foreign. uni· lateral. and lack our consent." Huilc:anu1n and Nafn came to the Summit representing hundreds of thou· sands of Mapuche who fear that NAFTA will increase the exploitation of their territories and the violation of their human rights. NAFTA. they point out. was signed in the US. Canada and Mexico without taking the Indigenous peoples into account. According to the ·~·1apuche. representatives. the economic agenda p roposed at the Summit, will ha,·e terrib le repercussions for Indigenous peoples. "They say that the cold war has Vol. 8 No.4 impose. Chile has twelve million inhabitants, according to the government four million live in poveny. One million of these arc Mapuche. In the long term, the people most affected by the trade agreement with Chile, as in all of America ";11 be the Indigenous peoples. In this sense. we are concenled for the future of the continent. We have found that there is no information-there is little understanding of the implications o f these multilateral agreements. Today for example. people arc patenting food produCtS. but they arc also patenting Indigenous knowledge, even human gene5. When we lose control of these things, it will be a global catastrophe." Under NAFTA. the decla· ration states. "the intellectual propeny of the Indigenous peoples will continue to be usurped with gre.1ter efficiency. in light of that fact that biotechnology has become the mechanism and wol of usu_pation and extraction of our knowl· r public believe that the states "ill respect our rights."' Follo"ing the Summit. Huilcam:\n and Naln spoke at a number of eventS. emphasizing that while Chile may be the nextsig· natory to NAFTA. many other Latin American sutes arc li!l<'d up to follow. Sooner or later. all Indigenous peoples " 'II be foced with the s.1.me circumstances. Thus. the Consejo de Todas las Tierras hopes to es~ablish alliances with other Indian organizations to promote action now- before the agreements arc signed and it is too L"e. Huilcrun~n notes that the Indigenous movement has been too often o-n the defensive. reacting L O eventS after the fact. NAFTA, he urges. should be met " ;th an Indigenous offensive. To support the Mapuchc effort against NAFTA contact: Aukin \\~llmapu Ngulam·Conscjo de Todas las Titrras. Gtncral M'ac.kt Pma 152 Casflla +18 Tcmuco, Chile TcVjax: (45) 235697. 25 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Mapuche at Summit of the Americas: "We Oppose the Free Trade Agreement" Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Mapuche at Summit of the Americas: "We Oppose the Free Trade Agreement" Item Type Journal Article Volume 8 Issue 4 Pages 25 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note After the announcement of Chile's entry into the North American Free Trade Agreement, indigenous groups speak out against the potential economic and territorial consequences of the agreement for indigenous communities. Attachment Title Mapuche_at_Summit_of_the_Americas.pdf Attachment URL [No URL] Chile Intellectual Property Rights Mapuche NAFTA http://saiic.nativeweb.org/ayn/files/original/80247e538911c91296674d0bba21344d.pdf 1553b6857e29a8986e8c629d3ae69a4a PDF Text Text ORGANIZATION - - --=- Coalition in Support of Indigenous Peoples and Their Environment Founded lndigenous organizations. Panicipants di.scussecl1he struggle for autonomy and self.detcnnination. how to create mech· anisms to assure respect for Indigenous he Coalition in Support of Amazonian Peoples and Their rights. and how to strengthen access to decision·making on Em·lronment opened an ofric:e in government T Washington DC in Nov. 1994 to Indigenous rights. The intent of the con· impro,·e communication and coordina· ference was to develop clear definitions of autonomy and self·detemlination. tion among US-based NGOs working with Amazonian peoples. The Coalition was born from an alliance between Indigenous peoples of the Amazon and groups and individuals concerned with the fu ture of the Amazon and its peo· pies. Coalition Members suppon Indigenous territorial rights and sustain~ nblc development ahemath·es. and share the belief that people are an integral pan or the ecosystem. The Coalition will hold an annu.~l Fomm !or NGOs to meet, receive guidance !rom Indigenous leaders of the Amazon. discuss current issues, and develop politic~l action su·atcgies. Topics at next years !omm (May I O-l2 1995 in Washington. DC) will include: Free trade and De\'elopmem, Intellectual Property Rights. the Timber Industry. At present the Coalition has three working groups: U.S. Policy and Hl.lntan Rights. Defense of Territories. and Financial Resources. It is helping to coordinate a number of cmnpaigns such as the Ecuador oil campaign. In an e!fon to promote communications among interested organizations. the Coalition: distributes a monthly Am~ort Update with news from Co..1lition members. F()r mor~ inj()rm,uion, p/(6$(. ccncac1: CoalitiOIJ Coordinmo,. Melina Sel\'Cl:Ston. 1$1/ I< St. N\V Suit< 10+1, 1\~ irtgton . DC 2()()()$. Te/;(202) 637-97 I8.jax;(202)63i· 9719. emaiJ: am«Z:om:ool@fgc.apc.oJi. Self-determination Seminar in Mexico T he Second Seminar on Sclf-determi· nation in Mexico held on Jan. 20·21 was organized b)1 the Colegio de Mexico under the direction of Rudol!o Stavenhagen and hosted by Oax.1can Vol. a No.4 American Indian Satellite Network Makes History or the first time. Native.owned and F public radio stations across the country have access to regular program· ming for and about Natjvc Americans. thanks to the new t\IROS (American Indian Radio on Satellite) network. Since Oct. 31. tl1is history-making ser· ,;ce has offered a daily one-hour feed or dramas. documentaries. litcrmure, self. help programs and heritage pieces, all related to Native Americans. The AIROS network, initially funded b)• the Corporation for Public Broadcasting, is developing and establishing what will eventually be a 2+ hour distribmion system of radio pro~ grnmming by, for and about Native Americans. The AIROS feed includes a storyudling series, interviews with various Native American personalities. historical specials and a multi-pan series on breaking the C)'cle of child abuse. as well as a ' 'ariety of other specials and series. Nalivt America Calli11g will premiere at the end of February as a daily. hour-long. live call-in talk show focus· AND COMMUNICAT I ON most of whom operate on inadequate funds; says Susan Braine, AI~OS Manager. "We're working closely with the tribal stations to detem1ine program~ ming needs and to address those needs through tl1e radio programs that AIROS is able to acquire. Our goal is to encour· age and facilitate their own production of these programs. This is their network. It will be as successful and relcvnm as they. the stations, collectively make it: Braine said. AIROS also has plans to acquire ponable uplinks in order to broadcast conferences. po'"'vows. and oLhcr cui· tur:d events from reservations. This would allow tribes to share limited resources while learning from each other. For more information on the t\IROS schedule. contaCt your local public or Native.owned rndio station. Stations interested in becoming affiliated with AIROS should contact Susan Braine at 402-472·0484. Internet for Native Peoples Conference ndigenous activists !rom throughout California gathered at U.C. llerkelcy on Nov. l9 to learn new techniques and I discuss the opportunities for network· ing and alliance building on the in!or· tnation highway. Marc Uecker led a workshop using the Mosaic program to explore the Internet. This prompted both ideas and concerns about using the lmernet as a tool for funhering the causes of Indigenous peoples world wide. 01scussion that followed pointed to the ing on currem issues a.nd topics affecting demand for a larger and more in·depth conference in the future. Man)' who Native Americans. attended questtoned the use of this tech· nology !or people living on resen'l!tions and other third-world conditions who radio is the sole telecommunicmiot\S might not ll.we access to telephone lines service. AIROS directors see the net- or even electricity. work as a first-step towM<I an ambitious Ifyou have acc:t:SS lo a computer and modem. goal: building and linking stations on you mighc be inten-..ste(l in the following liscs the 250 Indian reservations in the rdatcd to Indigenous issues: Indigenous United States. greatest challenge is Knowlt:dg(. NaJive Netin obtaining Native comcm programs. Jisturv@('OP'ndl.tdu, Chiclt;, ~·fujcr 1.. ·liSt· particularly from the Native stations, proc@lmrinet.gsc.ucsb.cd!f, Rata Net. t\IROSlinks most of the 25tribal sla· tions located in Native communities in 10 states, many on reservations where ·our 35 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Internet for Native Peoples Conference Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Internet for Native Peoples Conference Item Type Journal Article Volume 8 Issue 4 Pages 35 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Marc Becker, SAIIC staff member, led a workshop for indigenous activists at U.C. Berkeley; discussion centered around using new internet techniques for networking and alliance-building. Attachment Title Internet_for_native_peoples_conference.pdf Attachment URL [No URL] Internet South and Meso American Indian Rights Center Training http://saiic.nativeweb.org/ayn/files/original/03b31eb63ef9e1c8d4ab0d4f5f10a67f.pdf 41917f6f35fe99fc1a6fc8cac60bfd3c PDF Text Text P ERSPECTIVES ON BIODIVERSITY AND I NT.,_LL EC_,_UA L_,__,,O PE,R_,_' -- - - - - - - - - - - E, , o, T"'= P R , _, TY Biodiversity, Community Integrity and t he Second Colonialist Wave He whare maikhi tu ki roto ki te tuwatawata. he tou no te rengatira: he whare maihi tu ki te wa kie te paenga. he kai na te ahi. An ancestral house standing inside the community is the sign of chiefliness: one standing in the open is food for fire. - Maori Proverb by A T P roha e areake M ead M the Maori proverb above indi- tes. an ancestral house. or any pe<:t of heritage which restS within its home community. holds in itself and brings lO its people numa- AroJta Tt Pm·wkc Mead is a Maori aclivi.st and works wi1h Taonga Umittd in Ac>tcoara, Nt."W Zealand. 6 respect and sovereignty. If the house or any other aspect of heritage. either tangible or intangible, is taken away from its community and from its context, it becomes at risk of destruction. "food for the lire."' And its people are confined to • destiny of mourning for the loss of a beloved and irreplaceable pan of their heritage. For Indigenous communities. the underlying meaning in this pro\·erb is that the life force of that heritage still exists regardless of the physico! circum- stances around it An ancestral house will always be part or the heritage or ilS own tribal community even if it now fomlS pan of a national or imemational museum collection. #Jya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY An Indigenous plant. its extracts and seeds. will always be part of the heritage or the community, who have imerncted with it for so many generations that the plant has become j>art of the language of that community, its significance reafGrmed daily in (waiata) songs. (whakatauki) proverbs and (whaikorero) traditional greetings. The Second Wave of Colonization The first wave of colonization consisted of the forced misappropriation of Indigenous lands and resources. most often through ,·iolence, resulting in mass alienation of Indigenous peoples from their homelands and heritage. The denigration of Indigenous vah,tes and practices was sanctioned by religious and social beliefs that tribal peoples (non-Christi:ms) were savages and barbarians, and 1heir cuhurnl traditions "'heathen'" and evil. Settlers claimed that theft of Indigenous lands served the .. public good'" and that new technology promised more effective land usc. improved farming methods. and new crops. Time proved, however. lhat new farming technology kept being impro\'ed until most farmers could no longer afford it. New methods also brought soil erosion. pesticide pollution. and the final insult. ha'"ing to buy seeds which were prc,riously 53.\'Cd ftom the harvest. Where Mother Earth used to be the equalizer for those who used her resources to feed, clothe. shelter and heal themseh'es and others, technology has turned her imo a factory. The second wa\'C of colonization sets its sights on mis.'1pptopriating what little remains after the first wave. the "'intctl'\gibles" of Indigenous cultuteslndigenous knowledge of the environment. pre"entative and curative healing practices. and panicularly traditional uses of Indigenous plants (medicines. dyes. complimentary crops to name but a fcw).\Vhere the first wave of colonization was made possible by nonnalizing the violence against Indigenous peoples Vol. 8 No.4 as in the service of "the public good," the second wave is accommodated and encouraged through national and intcrn:nional legal instruments which allow st~ucs and privme companies to exercise-through legal and financial nonns and standards~xternal private and exclusive ownership of 1he tangible and imangible heritage of Indigenous communities. liS not at all coincidental that the jus1ification of this misappropriation is the s..1.me: "It's for humanit)'. for the public good ." Before. it was land acqui· s1tion. Now. it is acquisition of knowledge and resources. No matter how one · looks at it, the result is the s..u ne: outsiders forcing the concepts of commodification of resources and acquiring ownership of the ancestors· gifts-lands, resources and knowledge. Cultural and Intellectual Property Rights Governments as well as private companies are now clamoring to copyright and patem Indigenous an forms. medicinal plants. languages and even genetic materials. Signatory states to the Convention on Biological Diversity and the UN Conference on Environment & Developmem's Agenda 21 (1992) are now required to respect and take measures to protect the Intellectual Propcny Rights (IPR) of Indigenous peoples and local communities with respect to bio· logical diversity. Many States have inter· preted these international directives as justifying the redesign of their national IPR legislation to legalize State governance of community assets. but Indigenous peoples around the world view such measures as unnecessar)' intrusions into the integrity of their communities. h is neither logical nor practical that the best system for the protection of the cultural and intellectual property or Indigenous peoples resides with states or even with the international community. Protection can onty be designed and implemented by Indigenous commul1ities themselves in panncrship with individuals and organizations (local, national. regiomll and international) of their choosing on an informed consent basis. The body most c.•pable of respect· ing and enhancing the unique needs of an Indigenous community is one initiated. developed and staffed by the community itself. National and international instruments cannot possibly prepare communities for the challenges upon theit own stro.ctures of leadership and accountability. State instro.mcnts should focus on the activities and proccdtu·cs of companies, bm it is clear that many States would prefer to regulate the activities of communities. At a funda· mental level there is al.s o the problem of states. as well as the international comrnunity. assuming that they have a right to develop standards and legally binding instruments for assets which do not belong to them. New threats facing Indigenous Communities: A Case Study The attack on Indigenous communi~ tics is constant and significant. Indigenous communities cannot afford to ignore external pressure and simply to hope that ignoring the threats will in time make them go aw-a)~ A brief examination of the national activities and c.xpericnces of the Indigenous communities living in just 01'e UN member State-New Zealand-demonstrates the diversity of IPR issues facing Indigenous communities. The human genome contains the heritage not just of an individual but of that person's community. for many Indigenous peoples. the concept of "'ownership"' of a human gene e\'en by the individual is just not accepted. The ownership of a human gene by a company is therefore reprehensible. \ Vithin the Pacific. two attempts have already been made to patent Indigenous human genetic material (Solomon Islands and the Hagahai or Papua New Guinea). The Human Genome Diversity Project has targeted over 200 South PaciGc Indigenous communities for genetic 7 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTU~~ P R O P E~ TY ------------A L....!'-!~::!:.! R~~ sampling. Maori arc one of the few not on che lise (See arcicle on HGD Projccc pg. 13, eds.). However. che a11cmpced recommendation to the New Zealand government by Maori-that New Zealand discuss with other Pacific nations the itnplications of the collection of human genetic materials in the Pacific-fell on deaf cars. Research within New Zealand on cancer. alcoholism and otitis media (gl\lc car) has been reponed to focus on Maori genetic predispositions lO such conditions. In the hands of health insurance companies. genetic screening on the basis of ethnicity involves fundamental human rights issues which have yet to be c., plored. Copyright of Indigenous Languages In November 1994. che Oxford University Press attempted to secure an cxcl\lsivc copyright or che \Vi/limns Maori Umguagc Dicrionary. First pub· lished in l$44. the dictiOI''I:U)' remains the most authorilative dictionary of the Maori language. ll has been reprinted twelve times (seven editions) by the New Zealand Go'"ernmcnt Print Office, an agency established to promote the recording and publishing of New Ze3land hiscory for the benefit of all New Ze~landers. Many of che first Maori language and ~...laori history publications were financed and p11blished by a state- owned Printing Office on the underscanding that such publications were "held in trust~ as vital components of the national herilage. Prh'3tization of state agencies, including the Print Office. has opened 11p Maori publicatior\S to copyright by the privace sector. There are currently no mechanisms by which Maori can regain ownership. We will have to fight for each publication individually. Traditional Uses of Indigenous Flora and Fauna Several New Zealand companies 8 have developed successful cosmetic products using tradicional knowledge of nora and fa\llla. A ncdging phannaccucical induscry is also being developed. but at this point the cos1nctic propcnics of native plants are the primary ulrget of commercial exploitation. ln some cases the traditional knowledge comes from Indigenous informants. in other cases through research in historical records kept by early senlers-includingchosc of Capcain james Cook himself-which provide detailed and illustrated accounts of the properties and uses of native plants. The Body Shop recently negotiated with a small tribal company their extraction process for the oil of the native Manulla plant. Manuka is a native plant common to most of the North Island and of significance 10 many different tribes. such that songs, proverbs, weavings and other art fonns record the plant's special relationship to each tribe. Thus. from a tribal point of view. it is diffic\llt to accepc the validity of any IPR agreement bet ween two companies involving what most Maori would consider "common propcny."' Exploitation itself is easier to understand than the attempt to patent the process. or tO seck plant variety rights on the Manuk..1. Already. plant variety rights have been granted to national and international companies for thincen plants by the New Zealand government. In response, the Maori have filed a Treaty of \.Yaitangi Tribunal Claim against the go'"erntnent . seeking confirmation that all native plams are the heritage of Maori tribes in the first place. and that any decisions relating to the conmlercialization of native plants must by made by Maori tribes themselves. This historical case is due for consideration in mid-1995. Capacity Building: More Questions Than Answers The righcco intellectual property. as a western legal invention. was never designed co cope with the myriad ·properties"" now being thrust upon it. Indigenous knowledge and Indigenous resources simply do not fit into che IPR regime. Protection of heritage must be addressed through alternative mechanisms. but it must be a mechanism robust enough to apply to the diverse range of activities now thremening the heritage and livelihoods of Indigenous communities. Indigenous communities need to son out amongst themselves-without the interference of non·members-the tribal. sub-tribal and ramily "ownership.. of knowledge. \ \That is common property? Who has the right to give consent? Elders or youth? Tribal political structures or new additional specialiSt tribal organizations? \Vhat structures will they put in place? Should regional and national scruccures also be established? By whom? Indigenous communities should also make greater use of the infonnation highwa)' and strengthen national, regional and international networks in order to exchange information. offer advice and experience. and keep informed of the growing swell of che second wave of colonization - misappropriation of Indigenous knowledge and biodiversity. The most appropriate and resultsoriented contribution that states and the imernational community could offer is to provide additional financing for com· munity capacity-building. and to focus regulatory attention on external compa· nics. agencies, and individuals. As the Maori proverb scates. the heritage of Indigenous communities rests with those communities. If any aspect of this heritage is removed, it becomes food for the fire. Similarity. the proverb reminds us that che incegrity of a commul'lity requires us to hold firm and protect the treasures of the ancestors. If pans of our heritage have been lost. it is our responsibility to get them back. no matter how long il takes. Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Biodiversity, Community Integrity and the Second Colonialist Wave Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Aroha Te Pareake Mead Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title Biodiversity, Community Integrity and the Second Colonialist Wave Item Type Journal Article Author Aroha Te Pareake Mead Volume 8 Issue 4 Pages 6-8 Publication Title SAIIC Newsletter ISSN 1071-3182 Date 1994 Language English Abstract Note Indian communities are now faced with the task of defending their cultural and intellectual property rights in the areas of agriculture, language, genetics, etc. Attachment Title Biodiversity_community_integrity.pdf Attachment URL [No URL] Colonialism Copyright Intellectual Property Rights http://saiic.nativeweb.org/ayn/files/original/5e4bfa92a1d45d2eba6f35ce47858f9a.pdf 9da88db5d6c711b92795f4f09fb9a0c9 PDF Text Text INTERNAT I ONAL Free-determination and the States: Commentary on Barbados Ill by A ucan H uilcaman read with interest the "Declaration of Barbados Ill" reprinted in the last issue o f Abya Y News (Voi:S no.3). ala Considering the breadth of material included in the declaration. I will only comment on the portion of that docu· I ment which begins with suggestions to the governing l.1tin America.n states, the United Nations and its various specific bodies such as the OIT, UNESCO. UNDP. and FMI. Second. I also want 10 comment on the declarationS final sec· The promises which L'ltin America:S governing states have made through documents in summits such as those held in Mexico and Spain respond 10 Indigenous peoples· undeniable reality, but these resolutions are very far from being implemented in practice. In the meeting in Spain, the governments promised to establish a Development Fund for Indigenous Peoples of latin America and the Caribbean. Now, when \ Ve are in agreement in relation to Indigenous peoples petition the fund for economic assis1ance. they are told that the fund has no resources and that it is only a negotiating table between some international organizations and the identification and historical analysis of factors wh ich have made the political and cultural oppression of Indigenous peoples possible. as well as the ' "e'vs on ideological, political. religious. and eco- legitimize their actions, they have established an an oversight council with Indigenous representation. However, Indigenous delegates have to be ac redit~ tion related to the self.detemlination of Indigenous peoples and the nationally constituted states. nomic colonialism and neocolonialism. However. the declarations call to the Latin American governing states seems misplaced. The Slates are fully aware of the reality in which we Indigenous peo· pies live. Th ey know that this reality has been constructed by force and violence. The denial of our physical and cultural existence produced by the political constitutions and legal systems responds to the homogenizing nature of the govem- ing states, and is the resuh of organized political decisions. not of coincidence or circumstance. Aucan fhiilcaman is \Verken. or spohc..sperson, for the Mapuehe organitation Auhin \Vallmapu Ngulam-C<>uncll of All the Lands rn S<>ulhcm Chile. Vol. 8 No.4 Indigenous communities. In order to ted by each countrys chancellor. They this ·democratic panicipation." but il is nothing more than state colonialism under the guise of recognition and democracy. Similarly, the governing states came to a set of agreements at the Eanh Summit in Rio de janeiro in 1992. If we try to verify compliance with these agreements. we do n ot find any concrete means in the legal. political or eco· nomic arenas to ensure better adminis· tration of natural resources. It is easier to identify the thousands of hectares of land. mountains. rivers. and lakes which have been destroyed and contaminated. Un doubtedly. as it has become impossible 10 evade the Indigenous reality. the governing s.tates will make a declaration C.."lll regarding Indigenous peoples whenever they hold a continental meeting. but in no case does this imply compliance with their promises. I belie,·e that any demands or exhor· tations require precision. We Indigenous peoples are fighting for the recognition of our rights, rooted in our historical and political condition as a people. with all powers in the areas of rights, ideology. politics. and culture which this implies. such as the restilu· tion of fundamental rights and freedoms such as free·determination and the resti· nuion of ancestral lands. These condi· tions are precede any fonn of recognition. otherwise. the states will continue lO determine the framework for recogni· tion and relations between Indigenous peoples and the governing states. 1 consider out of context the cttll to the United Nations and its various spe· cial bodies. as if these were something separate from the constitution. control. and intervention of the governing states. ll is time to state what the United Nations is and what it truly represents. The United Nations does not exist; what truly exists are "Concerted States.. which are simply institutional structures whh a legal. political and ideological base and with defined interests. Taking into account that the ideological base and sustenance o£ a nation is fundamentally cultural. It is no longer possible to con· tend lhal the "states are polilically·orga· nized nations." States in America (Wallmapu in the Mapuche language) have no corresponding socio-<:ultural reality. Therefore. the United Nations 23 �t< T E R t< AT I 0 t< A L arc the s.-~mt govemmg states that have been COI\SIIUCicd wnhou1 uking into account the cultur.ll d"·ersny of the con- unent The I LO (lnternouonal Labor Orgamzauon). UN Oe\'elopment Program ond UNICEF are not independent of the United Nations or of the governing s1mcs. Thus. their actions are not :lU10ttomous. All of their plans. progmms. nnd projects require govern· mental approval. It is sufficiem that an lndagcnous organization comes into confltct wtth the stotc in the process of then struggle, for these org:mizations to hmtt the help chey gwe. Relaung to 1he declarauonS State· ment, '"\Vt btheve u necessary to appro\'e the Chaner of Indigenous Peoples Raglns promoted by the UN: it 1S wonh menuontng that af1er thineen ye01rs of dtscussaon lxtween members of the UN Workeng Group and Indigenous reprcscnt:tllv<:s. the governments are not willing to recognize fundament:tl rights such ns frec-deurminacion and the restitution of nnccstml territories. Frcedctcrmmmlon is a right prior to. or condicional for. enJoynlCnt of the ocher rights. Before demanding prompc racificauon or thiS feg.1l instrument, it is esscnual to be sufficaently informed of the fundamental nghts chac lndagenous peoples are defendmg m che '"'rious spaces 3.\"31lablt to us, as well as posi· uons t3kcn by thr states in relation to chcsc nghts. Wuhouc mcorporacing these COnditiOnS, new ronns or dominaliOn could spnng from international law, even ash IS rr:1med as the recognition of Indigenous peoples and cheir righcs. Dunng che Working Groups' fino( session (July 25-29, 1994), they did not permit rc,•lsion of the declaration. and merely received Indigenous represencatives ·comments." chereby pre,·cnung full recogmuon of che confltcl becwcen lndtgcnous righcs and che states The nghc co free-<ltcerminacion, formulated by the Indigenous peoples. shows che d"•de between the historical 24 legacimocy of lndtgenous peoples" inahenable nghts and che legaluy that sustatns che staces The lnd1genous people ma1ntam wuh all our comiction that 1hc states, do not ha,•e more nghts than we do. nor have we au1horized them to 1m·oke our exclusi"c rights, nor intervene II' OUr I)COpltS' rulUre. Since the dcclarat•on olso calls on the lntcrnmionnl Lnbor Organiza1ion (ILO) and refers to its Covcnanc 169, I have to comment that this Covenant renects the st:ue-govcmments' politics of juridiClll colonialism as well as chat of the UN'$ agenc•es. Although che Co\'eMnt rccogmzes us as peoples. it samultaneously r<J<CIS che righcs chac stem rrom thiS r«OgJ'IIliOO, SO that it remams purely symbolic. The Co"enants most SlgntfiCllnc element lies in pro'"dmg lndagenous people che right to '"consultauon and panicipauon: Howe,·er. th1s ng.ht becomes ind· recuve when we remain polhica11y o ppressed by the scates. Indigenous consent In 1his context is rel:uive. At the UN World Conference on ~Iuman Rights in june of 1993 where I served as spokesperson for che Indigenous represemauvcs. we Slated "\Vc call on the States to mufy Co"enant 169 of the ILO pro,1dtd chat the Indigenous peoples are 1n agrt-c:ment \Ve understand this 1nstrumcnc as che first step co establish new and better relauons between the stales and chc lndtgenous peoples: In rdercnce to the international development and rinnndal organizations such ns the World llMk, IMF. lnteramer•can Oe,·elopmem Bank, it should be noccd chat che developmenc chey hove imposed is unilateral, and has assaulted Indigenous cuhuml identities and the economics of reciprocity. These are the snl'nc orgnnizntions that appro"ed projeccs for conscntccion of hydroeleccrac dams and ocher such endea,·ors wuhm lndtgenous territories. for example, chc hydroeltctric dams on the Rt\'er B1o-Bao \\ithm Pehuenche Mapuche lands. Any '"''ilation to change pohcaes made co chest institu- tions is \'Cry for from bemg mec, especially stnce chey respond co che tntere.sts of the gcn·emmencs ond are not independenc bod1es. The dedarauon ends refemng to che democmtizauon or Lattn America. of geopolhacal reorganizouon, and che rccogni1ion or the Indigenous territories. I reiterate that we arc in agreement on this: it continues. however, whh a call for recognition o f Indigenous righcs "'in a rramcwork or n sclr-dctermination compotible wlch, and complememary 10 the 50\'CI'Cigmy or national Slates.. 1am not sure af I should conclude chac in chis passage the dcdar.auon presencs a sec of contradacuons oorely compouble with the prev1ous am'llysas. or whether it is the poliucal onentauon of che Signatory Org.1111%3UOn. \VhaCe\'Cr the case, I \VIIl emphastze che 1mphcauons thts essen· cialaspecc has for posstble solucions and new rclationshtps between Indigenous peoples and states. It is incongruent co propose che compatlbilhy Indigenous sclf-dccermination and the sovereignty of the nationally constituted states. ItS worth reicerating 1ha1 Indigenous people are fighcing for fru dcl<rrninatlon and not self-determanauon. These concepcs ha,·e different meantngs and amphcations tn the legal, poltucal, 1deologacal, hisconcal. and culturol fields. lndagenous peoples h•,-e yet co determine whether we want to develop our· seh-es '"tthm or outstde of the SU\ICtures of che so-called nnuon-states. Funhcrmore. ns I poinced out above. nation-states don 1t extst. \\'hat exists are state-governments. The homogenizing and unilateral n:uure or the St:Ue•gOv· cmments is what maintains the lnck of cuhural understanding ond social incolerance. Complen>cncarhy wilh che Scaces as they are is imposstble. 11 will only be passable when both instiluuons recognize each other reciprocally under the baste pnnc1ple th:u neuher is more valid chan the othtr, and th3t eoch system of orgamzauon 1S the most adequace for ats own culture. ~aYalaN<M � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Free-determination and the States: Commentary on Barbados III Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Aucan Huilcaman Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Free-determination and the States: Commentary on Barbados III Item Type Journal Article Author Aucan Huilcaman Volume 8 Issue 4 Pages 23-24 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note A spokesperson for the Mapuche organization Aukin Wallmapu Ngulam-Council of All the Lands comments of the "Declaration of Barbados III," especially the sections relating to the self-determination of Indigenous peoples and the nationally constituted states. Attachment Title Free_determination_and_the_states.pdf Attachment URL [No URL] Autonomy Human Rights Indigenous Rights self-determination United Nations http://saiic.nativeweb.org/ayn/files/original/8b5be6479698818502c8e94366ebb28f.pdf 9025ff4b1c3b60700ff54e07ae817d71 PDF Text Text ORGANIZATION AND Expanding Indigenous Journalism in· Central America ndigenous leaders met in E1 S.1h'11dor from NO\'. 11 -13 for the second Centro! Amencan plnnnmg meeting for the lntcrn:lllon:ll Indigenous Decade. According 10 the I PS news service, represcntnuves focused on plans to boost lnd1an news mcdlo 1n the region. N1cnmguan l ndl~enous leader Mirna Cunnlngh.'\n po1 nted 10 • pilot project bemg camw OUI In N1camgua with md1o and the p~ wh1ch could be ben<flctnl for 1he d.-·elopment of lnd1genous med1a m Ccntml Amenca. She ln(ormrd IPS th.'ll the tr;umng of lndtgenous )oumahsts and professionals ·IS alread)' happemng m the regton. ah hough 01 modest levels." and added that the upgmdmg o( CXIStiOg programs is bcmg sought. ;\dnnn Esquino L1sco. head of the N•uonal Indigenous Association, stated that they were thinking of stnrtlng an lnd1 gcnous mdio station, although they lacked lnfomtatlon on the current situa· tlon R1goberta Menchu. who W:J.S also pr<S<nt at the m<eung, pledgtd the suppon of the Vicente Mcnchu Foundation m undcnnkmg a study of the oaual situotoon and needs of lnd1genous communmos In Guatemala, Hondur3S. N1caroguo Jnd the southern Mexican state of Ch1>p.1S. COMMUNICATION of trust "'sponslbiliues h tstoblished a Zunl on 1ssucs conct'ming n:uu~l resources. S1gnifl(llmly. the pbn uses Zuni religto\IS ond cuhuml valuos :J.S the b:J.Sis for decision-moktng. This approach to development has pro\•isions to provide Imming of Zunis already brought a 8"'"t deal of success to fall profes.~ional positions. the build- to the project and to Zuni. The project ing of gcogmph1c lnformauon systems. now cmploys60 lll:oplc. 59 of which are ond elabomtlon of n resource develop- Zuni. lmplernc.nuuion o( lhe pktn 1$ 1n its first yblr and watershed rehabilitament pion. Intellectual Property R~ghts is one of lion has already begun. Tmd1tional agothe pLOJ«ts prmctpal concerns. 2um are culture IS molong a comeback and trndl· in the process of deflmng for themselves uon>l technolog)' lor ci'0$1on control IS what Zum tmellectu>l proptny IS and being tncorpomt<d mto the rthabohta· what t)'pt of "pLOt<ctton" they would non \\rork. lnd1gcnous communuzes hkr to sec for thts proptrt)CTrodutoml tntemauon.tlly have shown amerest in seeds, for exnmple. need to be plotect· the ptOJCClS appro.1Ch to communuyed. but cnnnot be used-¢,-en by b:J.Sed development ZunlS-for commerdol purposes. $.1cred sues. religtous ani(:~cts. trodiuonal an Tribal Sovereignty: Back to the styles. l:mgungc. religtous ceremonies. Future? songs. and medicimd plants nre other his symposiUm on the rights ond status of Indigenous people was types Of "property" COnSidered for pro· tection . sponsored by 1he St. Thomas University. A related yet sepamte Issue is that its Hun10n Rights Institute, its law of cultural preservntlon. Many of school. and the Oklahoma Cuy Zunt5. tradhaons have endured the pas• Umverslty Notlve Amerlcon Legal 500 years. Zum contmue to pracuce Rcsoun:e Center. It took place m ~hami, rchgoous and cultuml tmdiuons that Flonda on Dec I and 2 The conference. ongmatcd thous.mds of years >go. The addressed issues or lod1311 culture and past 50 yc.• rs. howe\'tr. have brought sptritu>hty "" well M cbiOIS of tnlxtl about ropld chongcs In dcmograph1cs 50\'treignt)' and cnucal IS>Ues of fcdcral and hfestylt. The Conserv:mon project lndL1n law. ond was designed 10 Crt.lte a holds that much of I he do mage 10 Zuni launchmg pad for ongoing research and lands "'suhcd from the breaking of ana.lysos. Zuni Conservation Project traduional forms of land manngcmcnt. The conference fcaturcd • broad Pushes Sustainable and know~ that traditional methods array of subject m~ner ond expen Development are much more sustnlnnble, and strh·es speakers from Bmzll to Alnskn. Papers he Zuni Tnbe loc~ned in wesHcn- 10 mcorpomtc and rtjuvenme the use from the conference and highlights of tml New Mexico fomted the Zuni of traditional technologies and prac- the discussions will be published in a Conscrvntlon Pl\)jcct in 199 1 to serve as lices into nnturnl resource use plan· special Spring 1995 issue of the Sr. th~ir dcl):'rCmem of n:uurnl resources. ning. Thomas l.aw Re••fcw. The Zuni communuy has approximately By the end of 1993. the Zuni 9,000 pe-ople. In 1990, p.15Sag< of the Conse"•auon Pro.JC(t completed a plan For mot< lnformattoto: the Zuni Conservauon Act enabled of acuon fe>< sustaonablc development Pnlf"'-"'' Slrtfru:d ll'f<»tt<r. Clwlr. Sutnng l>unchlng of 1hc project The Act was -the Zuno ~rce o.:,·elopment Plan. Commlll« Tribal Sowr<~g~~ly S)Oijli>Wm. J>35$d to cnd Ol.'lny >~rs of litiW~tion This pbn follows the forn~11 of the UN'S S<. ThDrnM UnM"'IJI S<looal cf l.a"' >g>lnst the US Go\'cmment for damage Ag.onda 21 doeumem. tn se1ung gu1dc- 16-ICO N IV J2nd "'~ Mwmt, fl<>nd<J JJOSi. to Zum l•ncb ond f10m mismanag.omem hnes. goals. and .lCioon obJCcti\'CS for Td; (lOS) 62J.2JOS, FGX. (lOS) 62J-2.J90 I T 16 Sl7 moUton trust fund to set up a system of bnd management to rehobilit;ue nnd conserve Zums land and natu.ml resources. Also Included In the Act ore T � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Tribal Sovereignty: Back to the Future? Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Tribal Sovereignty: Back to the Future? Item Type Journal Article Volume 8 Issue 4 Pages 36 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Several academic and Indigenous rights groups hosted a symposium in Miami, Florida on the rights and status of indigenous peoples. Attachment Title Tribal_sovereignty_back_to_the_future.pdf Attachment URL [No URL] Federal Indian Law Indian culture Indigenous Rights http://saiic.nativeweb.org/ayn/files/original/1bb2efbe8cd349e7daa403d0bf711eb5.pdf f352b0e5fe8a6d35655c754210b87d6e PDF Text Text PERSPECTIVES ON B I ODIVERSITY A ND INTELLECTUAL PROPERTY - - - - - - - - - - - - The Guaymi Patent One of the best known cases of attempts to patent and commer· cialize human tissue is that of a still unidentified Ngobe (or Guaymi) woman of Panama. In 1993 and 1994. this case captured not only the attention of the international community of scientists. but also that of Indigenous people world-wide. by Atenciolopez M . I n 1991 . ~ very ill 26-ye:>r old Ngobc woman sought medical treatment in a hospital in ~anama City. Doctors there diagnosed her with a fatal case of l. uktmia. This woman could not have e lmagined that the Panamanian doctors. with the complicity of US sciemists, would then remove s.1mples of her blood for experimentation and finally StOre her genetic material in biological laboratories several thousand miles away in the US. The doctors who set this in motion have refused to divulge the woman$ name. As a resuh we have been unable to locate her. nor do we know if she is Still alive. Even if she were alive. it is doubtful that she would be able to make sense of the fact that two sup· posed inventors. Michael Dale Laimore and jonathan E. Kaplan, nearly acquired monopoly rights over pan of her body, or that this action was supported by the US governments Secretary or Commerce through its branch that regulates the patenting of scientific innovations. These scientists claimed to be search· ing for dues to understand aborigina.l peoples in the Americas and to generme grea.ter understanding of HLV, the \rims thought to cause AIDS. But their actions point to different. and significantly more commercial. iotcmions. In 1993. they filed a '"high priority" palent claim. which was given the number Alcncfo Loptt is a Kuna Indian and wo,.k.s with the OpXanitation Ktmas Unidos per Napguana in Panama City. 16 U$612.707. and t itled • Human Lymphotrophic Virus Type 2 from the Guayrni Indians of Panama... According to the application it was based on the "cell line of a 26·year old Gua)'mi wom{ln who lives in Panama'". Irnernarionally. the patent request is reg· istered with the World lmelleetual Propeny Organization as number U$9108455. Not only this unidentified woman, but hundreds of Indians in Panama ,..,crt treated as guinea pigs for genetic e~per­ imemation during this ~me time peri* od. Kaplan describes the researchers visit for s.-1mple collections., "'We spent six days in Canquinlu. Some of the doc~ tors worked in the heahh ctnter a<hnini.stering medicines to the Guayrni pco* pie. while others worked with nurses interviewing the residems of the village and obtaining more blood samples."' The lndigneous community was never infonned of the intent or implications or these collections: the purpose o f the blood samples was known only tO the researchers. One witness affinns 1hm doctors of the Gorgas 'Memorial Laboratory of Panama collaborated in this research. that they used the blood samples of hundreds of Ngobe I>Cople. and that the blood samples collected in the process were subsequently sent to the Center for Disease Control in Atlanta, Georgia, and tO the American Type Culture Collection in Maryland . The ostensible purpose wns to investigate the cause of a fatal form or blood cancer. as well as forms of the Human l.ymphotrophic Virus. but the patent application followed shonly thereafler. This Guaymi case was denounced in international human rights forums and before the United Nations, but received little alttlllion in P~nam.a. due in pan to a 1:-tck of familiarity with the issues. Only a small percentage of the main· stream culture understood what had taken place. Worst of all. the Panamanian government sided with the US scientists and even utilized some Indigenous organizations itl an auempt to discredit the protests. Nonetheless. the Ngobc-Bugle General Congress. the Kuna General Congress. and other Panam3nian indigenous organizations issued strong statements agains1 the patent application. Following public protests in the Geneva meeLings for the GATT in October of 199~. in Canada and the United States, as well as widespread international solidarity. the patent claim wttS withdrawn in the United Sta.tes-:lt least that is what we believe. based on a statement in the NO\'Cmber 5. 1993. issue or Science magazine. There. in sharp contradiction 10 earlier humanit:uian claims, Kaplan is quoted as s.1ying that the daim was being dropped as it "'has no comrnerci3l interest ."' These researchers shield themselves and their actions with the claim that their work is for the benefit of humani.. t)'. and that they are innocent of any ir'lcnt to harm the ln(ligenovs communities invoh·ed. Yet. it is undeniable that the rights of an Indigenous woman, as well as the rights of an cnlire community. wert violated. The national sovereignty of Panama was also violated in this pl'ocess. although the government comim,u~s to deny this. \Nhat will happen when the results of th is research are finall)' patented. or the rights are sold to a muhinational corpo* ration? Shall we always continue to be the objects of research. with no rights in the mauer? Abya Yala Ne.NS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Guaymi Patent Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Atencio Lopez M. Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title The Guaymi Patent Item Type Journal Article Author Atencio Lopez M. Volume 8 Issue 4 Pages 16 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Between 1993 and 1994, a group of American scientists attempted to patent and commercialize a sample of human tissue collected from an unidentified indigenous woman. Indigenous groups and international human rights forums denounced the effort and the scientists subsequently withdrew their patent claim. Attachment Title The_guaymi_patent.pdf Attachment URL [No URL] Guaymi Human Rights Intellectual Property Rights Ngobe Patent Law http://saiic.nativeweb.org/ayn/files/original/c83ffb172ec500b1eb638bc03c28f22c.pdf 2a0878c56aa95ffb8b6d76ec0c218608 PDF Text Text 11'4 the mllillU)' who onsist th~t lndoan l•nds 111 the frontier zone thr-e:ucn nntlon:al security and tht: rnnintc:nancc: of Brazthan sovereignty. Tho$ erron by the Senate is one more obstacle to the already slow process of dcm~rcating Indian lands in Bmzil. According to the bill. future denmaotions would "'quorc the appro,'lll or the N•uon:tl Cong=. Addition~! provi.soon.s would require the Prau:itnt 10 consult ''ith th~ govemnttm of tM state in whoch the Indian Area is proposed Th- rules would make the dtn\.1n::lllOn of lndoan lands an)Where extremely diflkuh. 1f not Im pos>tble. BR I E f Indian Lands in US and Canada Targeted tor Nuclear Dumping uclcnr wnste produced throughout the Untted Statts could soon end up in the lands of the Meadow l..1kc Cree 1~escrve in Canada$ Saskatchewan provmce. tr plans under conslder:"tuon b)' tnbal c-ounca1s. nuclt~tr pow.:r compames N and gov~mment agtncits come to frunion. this would be 1hc "·lst• finol >top tn • long chain or nuclelr production and storage houstd on. or adjaeenl to. lndum bnds. The US Dcp>nment of Encr;y ond • potcntlO.I waste r<etpt<nt. Atomic Energy of Canoda LTD. uc consodenng construction or !\ pennanent nuclear wnstc dump on the From CIMI (lndrnn1U M1.$Swtr.a1y Co11rK10. Meadow l.,ke Cree Reserve. The Mcodow Lake Tribal Council hns supponed thts proposal. In their current l!<:onom1c lnttimives Report. the Council tout$ the dump as More of the Same Under Paraguay's an economic boon for the tribes 8.000 members. "Democratic" Government In promoting nuclear waste as the cure for econom1c nd~gCnO<lS peoples in Paraguay h.wc yet tO reap the benefits or dcmocmcy. which was restored m 198<} ~rter more th.•n titre<: tlls. th< Counctl follows in th< foototcps of the Mescalero cl=dcs of mdllllry diCt3lotShtp. Utde N5 ch;lngcd for Paroguays Tnb•l Counctl m New Mextc:o. whtch has olltred the hodlg<nous peoples smcc ~r:ll Allrcdo Su~r$ ovenhrow Mescalero r~r,~uon as 3 temporal)~ nucl.e3r sr:oragc snt m 1989.ln fact. rn>n)•orthecountlj~ lndogenousoommunhles In Feb. 1994. offictals of the Meadow L:tke Cree and the ""'" b«n fighnng mcrea.sed Jlr<SSUn'S to fore< them ollthetr C"..anadHm go,·cmment ,,sittd the Mesca1ero Reservalion. and arc reportedly working on an agreement \ltithin which lands. as wrll as go\'emment m.diiTr.rt:.lll'C to their needs. ' \\'e have tnle to our land. but 11 has been mvaded by more the Mescalero would act as temporal)' holder and broker or than 200 J>e:l.S."\l families. Our forest has been destroyed. our US nuclear waste-which would then be shipped on to Cree wild fnnt trees have been uprooted and tossed asldc without lands Mescalero Tribal Presodent Wendell Chino is cur· puy. the animals in the jungle ha,·c been ko off and we ate rently negotiating wuh thirty·t\VO utilities :md three lled going hungry." sud Nobeno Romero. nn elder m the Mby:l· nucle;ar comp;tmts for stornge of their waste, according to Gu.1rant communlt)t located m Ypa~ ln the S()Uthem depanment n Grccnpc3cc rcpresent3th..,. These pl>rlS may ha..-e been or c.-.-pa Dozens of surular confltru an: bang 0\-erlooked. or fordlalled b)' • tribal pltbtSCttc '" whtch Mcsc:dero mem· pla)ed doun, b)· President Carlos \\'osmosys g<>'-ernmcnt. bel'$ catcgonally rejec<ed propos:~ Is for nuclear '"llSSe stor· In 1Cl93. the lndig.."flous oommunlty m \'patl m.•naged to :tgc. The i'onh 1\mencan Free Tr>dc ,\grccmtnl (NAFTA) have SOlllt of tiS ttmtOij' dematattod :IS an lndtgt:nOUS resel''e has povcd the way for intcrnnuonnl shopptng or nuclear The COitlniUOil)' of Ypau \\':1$ gtven 2.600 hectares of natural wnstc. lrr.1di:tted fuel is a noi'Hnrl(f item wuhan the uadc fOt'dllS nnd swmnps 10 share with two other communities. However. 1hi~ has not put an end to the l:md mvasions which :lsrccmcnt. '""king it economic to ship nuclc:u 'vnste mto beg.1n In 1989. The mOst recent land uw:l$ion In \'pau beg;m this Cnnndf'l. The only requircmenl Is nccess «o temporary and paso Apnl, an official in the Mlni!.ll)' of Agncuhure and pwnnncnt stomge sites. For this. Indigenous l~nds have R.1nchmgs r..rm Credit Office Is reportedly • principal backer or been tnrgctcd, just as the)' h~ve •lways been for nuclear thiS tn\-;~S10n. Thn:e months >ftcr compe.stnos ~n invading te:sung. urnn1um mining and fuel enrichment. Tom Goldtooth of the lndtgcnous En,~ronmemal the Indigenous bnds- the )llS<tce ~hnlSil)' orde"'d politt to disNetwork char:teterizes th1s as ...a plot b)' government and lodge the tn\-.dets. Yet, no xuon l.,s bttn tokm The P.lrngu:ayan g«)\'t.mmcnl'~ pos:atton tn re.1:uion to tndU>tl)' to take ad,'llntagc of lndt3n trmtones: He adds. Indigenous commumties is charactonztd by a double standard. "'They know that wt don"t ha\'t: tnvn'Onmental codes or Parogua)• N5 one or the best l~ws 011 Indigenous rights in L:uin 1nfrnstructures that would protect us from stornge of w;\Ste. Amc!iCI. but pa)'S little aucmlon to ot. Instead. nccording to the Our network and our consutuems have been vchemcntl)' ln<hg<nous rights group ProfessioMI Soclo·Anthropologkal and opposed to 1hc federal stmtcg)' to site nuclear facilities on Legal Services. the government h:IS octunlly tried to p.1ralyze the our lands. It has to be stopped. If our d<•cted trib.1l orfi· dal$-<lnd some of them are puppets of the government-won't progr&.<S of Indigenous oommuniues nnd nllicd NGO~. stop it. our grassroots organizatiOns Will ... lttf~rmtttwn Jwm IAunan-.cnco Pr'ts.S, Uma. Ptru I \-Ill. 8 No. 4 s � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource More of the Same Under Paraguay's "Democratic" Government Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title More of the Same Under Paraguay's "Democratic" Government Item Type Journal Article Volume 8 Issue 4 Pages 5 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note The government of Paraguay continues to show indifference to the needs of indigenous communities. Attachment Title More_of_the_same.pdf Attachment URL [No URL] Mbya-Guarani Paraguay Reservations Ypau