International Protection of Traditional Wisdom on Bio-diversity and Sacred Landscapes Lyndel V. Prott and Patrick.J. O’Keefe.

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International Protection of Traditional Wisdom on Bio-diversity and Sacred Landscapes Lyndel V. Prott and Patrick.J. O’Keefe

International institutions doing work relevant to protection of traditional knowledge of bio-diversity and landscapes United Nations Organization New York FAO Rome WHO Geneva Commission on H Rs Geneva UNESCO Paris WIPO Geneva Traditional farming’ knowledge and Seed stocks Traditional Healing practices Indigenous Peoples’ Subcommittee Intangible Cultural heritage Heritage sites Intellectual Property rights UNEP Nairobi Sustainable Development Bio-Diversity

UNEP United Nations Convention on Bio- Diversity 1992 Article 17 – Parties to exchange information, technical, scientific and socio- economic including indigenous and traditional knowledge Article 18 (4) –Parties to promote scientific and technical co-operation for development and use of technologies, including indigenous and traditional technologies.

United Nations Rio meeting 1992 Rio Declaration on Environment and Development – Principle 22 Indigenous people … have a vital role in environmental management …because of their traditional knowledge and … traditional practices. To be recognized and supported.

Johannesburg Summit “The Earth Summit” 26 August – 4 September 2002 Follow-up to Rio Convention, Agenda and Declaration Better implementation of principles of sustainable development

World Health Organization Development of Strategy by Working Group on Traditional Medicine 1999 –First report 2002 –Concern for survival of plant resources following increased demands for traditional medicine –Call for contributions to discussion

Food and Agriculture Organization Convention for the Protection of New Varieties of Plants 1961 revised 1972,1978, Provides “Breeders Rights” –Concern to protect farmers’ and breeders’ rights in developing countries where most of the traditional strains which form the basis of modern plant breeding were developed. –Discussion of “Farmers’ rights” especially for centres of origin and crop diversity.

OCHR Draft Declaration on Rights of Indigenous Peoples Working group established 1982 Draft Declaration text finalized 1994 – to be considered by U.N. General Assembly Art. 29: right to control, develop and protect their sciences, technologies … including human …resources, seeds, medicines, knowledge of the properties of fauna and flora …

UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage 1970 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage 1970 World Heritage List –Procedure for inscription Properties of “outstanding universal value” –conflict between universality and cultural diversity Landscapes included –associative cultural landscapes “powerful religious, artistic or cultural associations of the natural element” Uluru-Kata Tjuta National Park (Australia) Tongariro National Park (New Zealand) –natural landscapes with biological elements Management policies ensuring protection

World Heritage List –Procedure for inscription Properties of “outstanding universal value” –conflict between universality and cultural diversity Landscapes included –associative cultural landscapes “powerful religious, artistic or cultural associations of the natural element” Uluru-Kata Tjuta National Park (Australia) Tongariro National Park (New Zealand) –natural landscapes with biological elements Management policies ensuring protection UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage 1970 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage 1970

Recommendation on the Safeguarding of Traditional Culture and Folklore 1989 Definition totality of tradition-based creations of a cultural community, expressed by a group or individuals and recognized as reflecting the expectations of a community in so far as they reflect its cultural and social identity (includes language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts).

Protection of bio-diversity? Emphasis on scholarship and research Largely regarded as ineffective

Proposed international convention for the safeguarding of the intangible cultural heritage Nature of instrument? Modelled on World Heritage Convention? Definition? Other UNESCO programmes –Living Human Treasures –Masterpieces of the Oral and Intangible Heritage of Humanity

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) Copyright, patents and trade marks Exercise on Genetic Resources, Traditional Knowledge and Folklore Intergovernmental Committee proposed Followed information gathering Meetings April and December 2001: June 2002 and coming December 2002

Report: “Intellectual Property Needs and Expectations of Traditional Knowledge Holders” Possible new IP tools to protect TK and development of sui generis system of community or collective rights Consider TK in assessing rights to IP Suggests separating issues of loss of plant genetic resources from those concerning loss of cultural or folklore diversity

Conclusion Many international organizations now interested in knowledge of spiritual leaders and traditional healers –For long-term viability of plant life –Preservation of bio-diversity on sacred sites –Preservation of cultural diversity –Preservation of the environment