Biocultural Community Protocols: Dialogues on the Space Within
Main Article Content
Abstract
The international legal landscape on rights of indigenous peoples is gathering momentum around the protection of their traditional knowledge and genetic resources. This international momentum is simultaneously engendering complementary trajectories in national law and policy, with terms like 'access and benefit sharing' and 'sui generis' protection of traditional knowledge. While these laws attempt to identify rights-holders, define procedures for engagement and outline parameters for what is balanced, fair and equitable they also need to be reconciled with the role and relationship of communities in respect to their lands and knowledge. Genuine engagement with communities has been difficult with lawmakers and businesses understanding community rights to their resources and knowledge from a purely economic point of view. This article identifies lessons from the best practice approach of Ethical BioTrade using biocultural community protocols as a way to deal with this challenge.
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References
Alvares, Claude. 1980. Homo Faber: Technology and Culture in India, China, and the West from 1500 to the Present Day. The Hague: Martinus Nijhoff Publishers.
Argumedo, Alejandro. 2011. Community Biocultural Protocols: Building Mechanisms for Access and Benefit Sharing Among the Communities of the Potato Park Based on Quechua Customary Norms (Summary Report). International Institute for Environment and Development. http://pubs.iied.org/G03168.html.
Atkinson, C. 2011. "Anger Over Kakadu Plum Patent Application" (interview). SBS Radio World News Australia.
Bavikatte, Kabir S., and Daniel F. Robinson. 2011. "Towards a People's History of the Law: Biocultural Jurisprudence and the Nagoya Protocol on Access and Benefit Sharing." Law, Environment and Development Journal 7 (1): 35. http://www.lead-journal.org/content/11035.pdf .
Borgmann, Albert. 2003. Power Failure: Christianity in the Culture of Technology. Michigan: Brazos Press.
Bowers, Chet. 1997. The Culture of Denial: Why the Environmental Movement Needs a Strategy for Reforming Universities and Public Schools. New York: State University of New York Press.
Crawford, Matthew B. 2009. Shop Class as Soul Craft: An Inquiry into the Value of Work. New York: Penguin.
Fisher, R. J. 2008. Linking Conservation and Poverty Reduction: Landscapes, People, and Power. London: Earthscan.
Forsyth, M. 2011. "The Traditional Knowledge Movement: The Challenge of Localism." Prometheus: Critical Studies in Innovation 29 (3): 269-286.
Gorman, J.T., A.D. Griffiths, and P.J. Whitehead. 2006. "An Analysis of the Use of Plant Products for Commerce in Remote Aboriginal Communities of Northern Australia." Economic Botany 60 (4): 362-373.
Gorz, Andre. 2010. Ecologica. Calcutta: Seagull Books.
Greene, S. 2004. "Indigenous People Incorporated? Culture as Politics, Culture as Property in Pharmaceutical Bioprospecting." Current Anthropology 45 (2): 211-237.
Harry, D. 2011. "Biocolonialism and Indigenous Knowledge in United Nations Discourse." Griffith Law Review 20 (3): 702-727.
Hayden, C. 2007. "Taking as Giving: Bioscience, Exchange, and the Politics of Benefit-sharing." Social Studies of Science 37 (5): 729-758.
Hayden, C. 2003. When Nature Goes Public: The Making and Unmaking of Bioprospecting in Mexico. Princeton: Princeton University Press.
Hayden, C. 2003. "From Market to Market: Bioprospecting's Idioms of Inclusion." American Ethnologist 30 (3): 1-13.
Illich, Ivan. 1973. Tools for Conviviality. New York: Harper Row.
Ishizawa, Jorge. 2009. "Affirmation of Cultural Diversity: Learning from Communities in the Central Andes." Development Dialogue 52: 104-139.
Lehman, Karen. 1997. "Protecting the Space Within." In The Post Development Reader, edited by Majid Rahnema and Victoria Bawtree, 354. London: Zed Books.
Merleau-Ponty, Maurice. 1962. Phenomenology of Perception. New York: Routledge and Kegan Paul.
Natural Justice. 2011. "Community Protocols." Accessed April 8, 2014. www.community-protocols.org.
Ostrom, Elinor, and Dustin C. Becker. 1995. "Human Ecology and Resource Sustainability: The Importance of Institutional Diversity." Annual Review of Ecological Systems 26: 113-33.
Phillips, Christopher. 2004. Six Questions of Socrates. New York: W.W. Norton & Company.
Robinson, D.F., D. Drozdzewski, and L. Kiddell. 2014. "You Can't Change our Ancestors Without our Permission." In Cultural Perspectives on Biopiracy, edited by M. Fredrikksson, and J. Arvanitakis. Sacramento: Litwin Books.
Robinson, D. F. 2013. "Legal Geographies of Intellectual Property, 'Traditional' Knowledge, and Biodiversity: Experiencing Conventions, Laws, Customary Law, and Karma in Thailand." Geographical Research 51: 375–386.
Robinson, D. 2010. "Traditional Knowledge and Biological Product Derivative Patents: Benefit-Sharing and Patent Issues Relating to Camu Camu, Kakadu Plum, and Açaí Plant Extracts." United Nations University.
Swiderska, K. 2012. "Consent and Conservation: Getting the Most from Community Protocols." International Institute for Environment and Development. Accessed April 8, 2014. http://pubs.iied.org/17137IIED.
Thompson, E.P. 1963. The Making of the English Working Class. London: Gollancz.
Tobin, Brendan. 2009. "Setting Protection of TK to Rights – Placing Human Rights and Customary Law at the Heart of TK Governance." In Genetic Resources, Traditional Knowledge, and the Law: Solutions for Access and Benefit Sharing, edited by Evanson C. Kamau and G. Winter, 101, 104-110. London: Earthscan.
Union for Ethical BioTrade (UEBT). 2014. "Ethical BioTrade: Towards Sourcing with Respect." Accessed September 8, 2015. http://ethicalbiotrade.org/dl/public-and-outreach/UEBT_Profile_2014.pdf.
UEBT. 2014. "Guide to 'Dialogues in Ethical BioTrade: How to Establish Respectful, Balanced, and Inclusive Discussions in the Sourcing of Natural Ingredients." Accessed September 8, 2015. http://ethicalbiotrade.org/dl/public-and-outreach/UEBT_Profile_2014.pdf.
UEBT. 2012. "Ethical BioTrade Standard." Accessed September 8, 2015. http://ethicalbiotrade.org/dl/public-and-outreach/Ethical-BioTrade-Standard_2012.pdf.