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Justice Institute Guyana Inc Melinda Janki LLB, BCL(Oxon), LLM Director Tel: (592) 231 7996 www.justiceinstituteguyana.org M Janki1
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Justice Institute Guyana Inc Access and Benefit Sharing: Who controls Amerindian traditional knowledge and genetic resources? M Janki2
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WHO? 83,000 people 9 Amerindian peoples 96 Amerindian communities own land M Janki3
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Nagoya Protocol 2010 Protecting indigenous rights: Access to genetic resources: PIC Access to TK: PIC M Janki4
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4 years before NAGOYA AMERINDIAN ACT 2006 A regime of SPECIAL RIGHTS for Amerindian communities land rights and internal self-government + Guyana has sovereignty over natural resources Could this be a model for other countries…………. M Janki5
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LAND: Amerindian land is owned by the COMMUNITY absolutely, forever and unconditionally M Janki6
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Amerindian Act Amerindian communities CONTROL legally: entry to their land access to all resources on their land access to traditional knowledge M Janki7
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Amerindian Act 2006 You cannot do research in Amerindian lands UNLESS you obtain the community’s consent You must negotiate in GOOD FAITH M Janki8
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Amerindian Act 2006 Self-determination You MUST deal with the community and their elected Village Council. The Government cannot give permission on behalf of the community No NGO or other entity can speak on behalf of the community or represent the community M Janki9
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Amerindian act 2006 Amerindian communities can negotiate what terms they want for Access and Benefit sharing They do not have to agree to anything unless they want to! M Janki10
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