Biocultural Rights and Protocols in the Pacific 215
the broader agenda globally for better recognition of biocultural jurisprudence,
respectful and responsive to self-policy or self-governance, and bottom-up
decision-making.
Protocols are non-binding tools that are a hybrid of legal, ethical, political and
cultural norms. They work and operate because they are, paradoxically, a tool
that is both flexible and fixed (Raven, 2010). Because they have strong relational
obligations, protocols also mirror stewardship. However, caution must be used in
extending the use of this term in ways that curb self-determination. In V anuatu
and Cook Islands, protocols create interlinkages between national legislation
and community practices; as such, they form the basis of a counter-narrative
that embeds Indigenous ownership of knowledge in biodiversity conservation. O verall, we have found them useful tools for allowing communities to
self-express their rules, beliefs and to manage access processes to community
resources and knowledge. However, community protocols are also somewhat
experimental and are not without a range of challenges that we need to continue
to consider, monitor, evaluate, report on and discuss with the relevant communities, governments, researchers and enterprises working with biological resources
and associated knowledge.
Notes
1 This research is supported by the Australian Research Council (ARC) Discovery
Project (DP180100507): Indigenous knowledge futures: protecting and promoting indigenous
knowledge (2018–2022). *All URLs retrieved on 1 September 2021.
2 The Dreaming term derives from the Australian anthropologist Stanner (1953), who
used the term to describe creation beliefs, lores and stories for Aboriginal peoples in
Australia.
3 In the general sense, biotrade refers to when a product or service sourced from
biodiversity is commercialised and traded. Under certain initiatives, BioTrade refers
to when a product or service sourced from biodiversity is commercialised and traded
in a way that respects people and nature, as per The BioTrade Principles and Criteria developed by UNCTAD (see UNCTAD BioTrade Initiative at: https://unctad.org/topic/
trade-and-environment/biotrade, accessed 9 June 2021). There is also a similar
membership-based initiative that can certify the ethical and sustainable aspects of
supply chains, called the “Union for Ethical Biotrade” (UEBT) (see https://www.
ethicalbiotrade.org/).
4 DEPC https://environment.gov.vu/index.php/environment-conventions-and-agreements/laws/other-environmental-laws/94-policy-legislation, accessed 9 July 2021.
5 Protection of Traditional Knowledge and Expressions of Culture Act No. 21 of 2019
(2019). https://wipolex.wipo.int/en/text/546121
6 UNDP-GEF Project Document Strengthening the Implementation of the Nagoya
Protocol on Access to Genetic Resources and Benefit Sharing in the Cook Islands,
see: https://procurement-notices.undp.org/view_file.cfm?doc_id=32749, accessed 9
June 2021.
7 Bulun Bulun Case: John Bulun Bulun & Anor v R & T Textiles Pty Ltd [1998] I ndigLawB
87; (1998) 4(16) Indigenous Law Bulletin 24
8 In Australia, for example, the Yanner v Eaton case in 1999 (201 CLR 351) recognised
that under the Native Title Act 1993, the use of firearms was allowed for traditional
hunting practices (Weir, 2012).
the broader agenda globally for better recognition of biocultural jurisprudence,
respectful and responsive to self-policy or self-governance, and bottom-up
decision-making.
Protocols are non-binding tools that are a hybrid of legal, ethical, political and
cultural norms. They work and operate because they are, paradoxically, a tool
that is both flexible and fixed (Raven, 2010). Because they have strong relational
obligations, protocols also mirror stewardship. However, caution must be used in
extending the use of this term in ways that curb self-determination. In V anuatu
and Cook Islands, protocols create interlinkages between national legislation
and community practices; as such, they form the basis of a counter-narrative
that embeds Indigenous ownership of knowledge in biodiversity conservation. O verall, we have found them useful tools for allowing communities to
self-express their rules, beliefs and to manage access processes to community
resources and knowledge. However, community protocols are also somewhat
experimental and are not without a range of challenges that we need to continue
to consider, monitor, evaluate, report on and discuss with the relevant communities, governments, researchers and enterprises working with biological resources
and associated knowledge.
Notes
1 This research is supported by the Australian Research Council (ARC) Discovery
Project (DP180100507): Indigenous knowledge futures: protecting and promoting indigenous
knowledge (2018–2022). *All URLs retrieved on 1 September 2021.
2 The Dreaming term derives from the Australian anthropologist Stanner (1953), who
used the term to describe creation beliefs, lores and stories for Aboriginal peoples in
Australia.
3 In the general sense, biotrade refers to when a product or service sourced from
biodiversity is commercialised and traded. Under certain initiatives, BioTrade refers
to when a product or service sourced from biodiversity is commercialised and traded
in a way that respects people and nature, as per The BioTrade Principles and Criteria developed by UNCTAD (see UNCTAD BioTrade Initiative at: https://unctad.org/topic/
trade-and-environment/biotrade, accessed 9 June 2021). There is also a similar
membership-based initiative that can certify the ethical and sustainable aspects of
supply chains, called the “Union for Ethical Biotrade” (UEBT) (see https://www.
ethicalbiotrade.org/).
4 DEPC https://environment.gov.vu/index.php/environment-conventions-and-agreements/laws/other-environmental-laws/94-policy-legislation, accessed 9 July 2021.
5 Protection of Traditional Knowledge and Expressions of Culture Act No. 21 of 2019
(2019). https://wipolex.wipo.int/en/text/546121
6 UNDP-GEF Project Document Strengthening the Implementation of the Nagoya
Protocol on Access to Genetic Resources and Benefit Sharing in the Cook Islands,
see: https://procurement-notices.undp.org/view_file.cfm?doc_id=32749, accessed 9
June 2021.
7 Bulun Bulun Case: John Bulun Bulun & Anor v R & T Textiles Pty Ltd [1998] I ndigLawB
87; (1998) 4(16) Indigenous Law Bulletin 24
8 In Australia, for example, the Yanner v Eaton case in 1999 (201 CLR 351) recognised
that under the Native Title Act 1993, the use of firearms was allowed for traditional
hunting practices (Weir, 2012).