Introduction
The Nagoya Protocol to the United Nations Convention on Biological Diversity
encourages academics, government bureaucrats and Indigenous peoples to consider the utilisation of customary laws within state law frameworks to improve
and resolve access and benefit-sharing (ABS) processes. The Nagoya Protocol
(Article 12.1) specifically calls on parties to “take into consideration indigenous
and local communities’ customary laws, community protocols and procedures,
as applicable, with respect to traditional knowledge associated with genetic
resources”. Article 12 encourages states to support the development of community protocols by Indigenous and local communities. The community of scholars
and practitioners dedicated specifically to ensuring the implementation of Article
12.1 has grown significantly over the past decade (see, for example: Arjjumend,
2018; Goagoses et al., 2020; Halewood et al., 2021; Malsale et al., 2018; Parks,
2018; Su, 2018; Suvanto, 2020). This chapter contributes to that growing body
of knowledge.
In this chapter, we report on some of our work under the Australian Research
Council (ARC) Discovery Project (DP180100507): Indigenous knowledge futures:
protecting and promoting indigenous knowledge (2018–2022). This is a participatory
action research project involving research and work with Aboriginal peoples and
enterprises in Northern Australia, as well as Indigenous communities in Vanuatu
and the Cook Islands. The research project focuses on patent-landscaping activities to profile patents relating to traditional uses of plants used for food and medicines that may originate from Indigenous communities in these countries; and
the development of biocultural community protocols (BCPs) which reflect and
respect local customary laws and norms. The project specifically seeks to support
the implementation of the Nagoya Protocol in these countries.
8
BIOCULTURAL RIGHTS AND
PROTOCOLS IN THE PACIFIC
Miri (Margaret) Raven and Daniel Robinson
1
DOI: 10.4324/9781003172642-10
The Nagoya Protocol to the United Nations Convention on Biological Diversity
encourages academics, government bureaucrats and Indigenous peoples to consider the utilisation of customary laws within state law frameworks to improve
and resolve access and benefit-sharing (ABS) processes. The Nagoya Protocol
(Article 12.1) specifically calls on parties to “take into consideration indigenous
and local communities’ customary laws, community protocols and procedures,
as applicable, with respect to traditional knowledge associated with genetic
resources”. Article 12 encourages states to support the development of community protocols by Indigenous and local communities. The community of scholars
and practitioners dedicated specifically to ensuring the implementation of Article
12.1 has grown significantly over the past decade (see, for example: Arjjumend,
2018; Goagoses et al., 2020; Halewood et al., 2021; Malsale et al., 2018; Parks,
2018; Su, 2018; Suvanto, 2020). This chapter contributes to that growing body
of knowledge.
In this chapter, we report on some of our work under the Australian Research
Council (ARC) Discovery Project (DP180100507): Indigenous knowledge futures:
protecting and promoting indigenous knowledge (2018–2022). This is a participatory
action research project involving research and work with Aboriginal peoples and
enterprises in Northern Australia, as well as Indigenous communities in Vanuatu
and the Cook Islands. The research project focuses on patent-landscaping activities to profile patents relating to traditional uses of plants used for food and medicines that may originate from Indigenous communities in these countries; and
the development of biocultural community protocols (BCPs) which reflect and
respect local customary laws and norms. The project specifically seeks to support
the implementation of the Nagoya Protocol in these countries.
8
BIOCULTURAL RIGHTS AND
PROTOCOLS IN THE PACIFIC
Miri (Margaret) Raven and Daniel Robinson
1
DOI: 10.4324/9781003172642-10