Traditional Knowledge at the International Level. Debra Harry Executive Director Indigenous Peoples Council on Biocolonialism [email protected] www.ipcb.org. Indigenous Cultural Heritage Broadly Defined. The heritage of indigenous peoples includes all moveable cultural property …
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The heritage of indigenous peoples includes all moveable cultural property …
all kinds of literary and artistic works such as music, dance, song, ceremonies, symbols and designs, narratives and poetry; all kinds of scientific, agricultural, technical and ecological knowledge, including cultigens, medicines and the rational use of flora and fauna; human remains; immoveable cultural property such as sacred sites, sites of historical significance, and burials; and documentation of indigenous peoples, heritage on film, photographs, videotape, or audiotape.
Madame Erica Daes, Human Rights Special Rapporteur on the Study of Cultural Heritage
IPR based protection of IK
Indigenous Peoples’ Protection of IK & GR
Short Term, Time Specific
Post-Protection Public Domain
Collectively held resources
Benefit for future gsenerations
Inherent and InalienableIPRs or Modified IPRs for Protection are Not Appropriate
Do States have a right to protect Indigenous knowledge?
“Western law has no right to protect my knowledge because it has no right to my knowledge. No more than,say, would any other Indigenous peoples have such a right.”
Mike Myers, Seneca Nation
1. Indigenous peoples have the right to the lands,territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
Special Rapporteur Erica-Irene Daes Report (2004)
“…. international law and human rights norms …demonstrate that there now exists a developedlegal principle that indigenous peoples have a collective right to the lands and territories they traditionally use and occupy and that this right includes the right to use, own, manage and control the natural resources found within their lands and territories.”
Natural resources includes genetic resources
(Indigenous Peoples’ Permanent Sovereignty Over Natural Resources, E/CN.4/Sub.2/2004/30)
1. States must recognize the right Indigenous Peoples as owners of their knowledge, including the right to control access to, and use of, that knowledge.
2. States must recognize our own customary and codified systems of protection for our own knowledge.