1 12 34 https://www.abyayalanews.org/files/original/4410aa2f8f2888b06c4aab6c4edb1378.pdf 99d8175226e3e6b7e87f1c36217950c7 PDF Text Text ----- E~V I RO~ME~T A~D DEVELOPMENT Indigenous Peoples Unite Against Pan-American Highway by AUcia Korten and DiaUs Ehrman aders of the Kuna, Embera, Wounaan, Ngobe and Bugle peo- and o•hcr residents believe that the flood was a consequence of unprece· >les living in the Darien G~p dented deforestation in the last two region that borders Colombia and decades by loggers and cattle ranchers who have used the highw:>y to gain access to the regions resources. Pressure to complete the road has L; Panama announced thnt they would o ppose any plan to build the PanAmerican Highw:>y that did not first obtain their approval. The Indigenous Development Bank (lOB) is financing a S 1.5. million environmental impact statement for the construction or the J>an.l\merican Highwa}•S last segment. according to official documentS from the Ministries of Foreign Relations in Panama and Colombia. This financing is significant as the !DB generally funds ( IPAHC), representing over 200,000 increased in reccm months. Broad agreemem at the Summit of the Americas last December to unite the Indigenous peoples in Panama, made this dcclaralion in response to growing Americas imo a free trading zone by the year 2025, gives the highway's constmc- pressure to complete the highways impact s•atemcm. but nuher a general cnvironmcmal diagnosis of the region. lOB representatives have insisted that they would not finance such a environ .. 1nemally and culturally destructive pro.. stated Colombia$ Minister of ject. Yet. according to one well·known Transportation under the Gaviria Panamanian newspaper. Lhe lOB has Pan·J\rnerican Highway Commission Darien Gap link-which international business interests sec :lS critiC31 to fa.cili!ating trade between South and North America. Leaders unanimously agreed to reject construction of the Pan-American Highwa)·. a railroad. or any other project crossing 1heir lands until 1hesc lands have been legalized and demarcated . Indigenous people's fears regarding the environmental assessmems only if it intends to support the actual project. However, according to an I.OB reprcsen· t3tivc. the study is not an environmental tion new urgency. "The Pan·American liighwny is the only unfinished international highw:.y e\'tll though it is the most ilnportant in Lhc world ...all of hlllnanity is awaiting (itS completion)." administration, jorge Bedeck Olivella. Plans to build the road are rapidly moving into g~r. The lnter·American offered to loan funds of $29 million to finance the project. The World Bank is also funding an envitonmental impact highwayS negative impacts were reinfo rced by catastrophic Oooding in Nov. 1994 which destroyed several Kuna communities situated ncar 1he P3n· American Highway, which stretches for roughly 100 miles imo the Darien Province. "The night (the Chucunaque River rose) our children had to swim to stay alh·e. the wmcr came up to the necks of the older people. t\11 our fields and many or our houses were washed away. 1 have never seen such a flood in my lifetime: explained Horacio Lopez Turino, community leader of Wala. He Alicia Kortcn is a staff mcmba of th~ Ccrucr for Popular Legal Assistance. Td: (212) 64$3139 Fax: (212) 242-1901. Olalis Ehrman is the Kuna General CouncilS reprt'srntatl\'t to lhe IPAHC. Vol. 8 No. 4 The Indigenous Panamerican Highway Comission holds meetings to organize communities throughout the Darien 27 �E WVIROWMEWT AWD 0E VElOP MEWT .aotemcnt for the povmg <>I 1he 100 mile toad 1hm already pcnctmtes the Darien. Slalcd Luis Cns!ancda. Oi rector or Plannong at the Mlnlscry ol Public Works in Puna.m.a. P3JTamanum officials State lhot 1hcsc projects are p:~n ol • flv"·ytar n.,uon-wide road·bl!oldmg program. or 1he S406 milhon bud&<ted lor the pro· gmm, the lnler-Amcrican Oe,·elopment IJ.,nk and the World Bank arc providing $220 million in loons. •No highway construCtion can take place In Panama in the next five yeors lhot dO<S not follow IDB guideli=,· staled """ lOB official. Opposation to ex1ensoon o! the high· '''a)' lS also gairung morncnturn. Diverse organi%ations mngong from 1he lntcnlnlional Union for the Constr\'ll· tion of N3turc to the Union or Pnnamaman Umlc R.mchers have writ· · t(n ~luuons oppos1ng the roodS con... strucuon. These groups orgue tho! the m;d would dC"aSUie 1he ;ueas boo!<>gJ· c:.l ond cultural d.versuy ond facililate the spre:td or hoof-and-<~nd mouth disC3SC- into Nonh America. Even in Colombia. the road's mos1 aggressive supponer. the govcmmcm-run Institute for De\'<lopmem and Na1ural Resources (INDARENA). r<commended m O.C.mber of 199'1 hal1ong the proJect due to ats potenual tmrtronmental lmplct. Arch1e Carr. on emtnem biolo· gts1 wi!h 1he New York-based Wildlife ConservaLion SocicL \VUrned "the con· y, struclion o£ a highway ocross the Darien Gap would consliiUIC an ecological en· SIS . If Oancn tS a b•olog~cnl plug. a bar· ner to • biol<>gJcol uphe"'·al thot could offec1 bo1h maJor comments m 1hc regoon. 1hcn '' achoeves gremer conservauon slgnoficance 1han nny other forest." Indigenous peoples. whose homelands and cultural subsistence are at a stoke, condnue to be marginalized from all government dlSCUSSaons. '"\\'e. ha,·e been figh1ing 10 g>m • vot~ m the dill· Iogue, b\11 the gO\.. mmcnl has blocked lndogenous panicipalion: Sla!ed Ed)• DegM%o, 1he Embem-Wounaan General Congresss IPAHC delegate. The govemmen1 hos responded 10 18 i>~Ure £rom the Indigenous org>ni%3· wuh a few Government officials Lion conccssrons. invited an lndogcnous delegate to parucopa1c m 1he February 1994 meeting of 1he Good Nctghbor Commission. 2 bm~uonal body ncgotialing all agreements between Panama and Colombio. but refused to finance 1he •rip. ·~r,1hou1 moniC's to cover expenses. we could not send our dcleg>te: explained Cacique Leopoldo Baporiso. chief of lh< Embera-Wouno:m in 1he OJnen IPAHC deleg;llcs or< now meeting Wllh P:\nomonlon govemmenl Ofndols and mululn~erol bank represcmtlllvcs 10 demand jXlrlicipation in all studies ond dcvelopmenl projects for their homelands. They ore also ~chlng ou1 10 organwulons na1ionally and unemationally who hove expressed <On~m regardtng the hogh""'Y pions wders hope 1hnt 1hrough their con1inued and with Ihe suppon or solidnri· ty org.,nlmtions. they will be able 10 innucnce the destiny or their peoples and 1hc rotn!Orc$ts of the Oanen Gop on whieh they depend. crrons. R esolution of the hldigenous Embem. Wounaon nnd Kuna peoples of Panama at the second nntional meeting to discuss Lhe construction or the 'Pnn·American Highwny on October 7·.8 L994, In the Kuna community or Plndupe, Coman-a Mndungandi. We Resolve: I) To l'e)tct the COnSirucuon of 1he Pan-Amencan Hoghwa)~ a r.ulrood or any Other project through our lands withoUI our consent. 2) To demand the legalizalion nnd demarcnuon o£ the Madungandt, Ngobe· 6ugle and Wnrgandi Comnrcns and that collecuve lond lilies be pro,oded to the Embem and Wounaan in order 10 protect 1he na10ml r<sourccs of our terri Iones. We r.:fuse to accept any pro)cc1 of 1hcse demands have n<>l been met. 3) lo broadcast nauonally .md lmemauoMtly the cxtstence of the lndtgenous Pan·Amencan Highw:>y ComnuSSton... 4) To au1horuc the Commtssoon, tn consullnuon "11h 1he tTadlttonnl aulhor· utes. 10 seek the fund$ necessary to achH:;,•e the ComnussionS obJe(U\'~S at tt national and tmcrnntionnlle\rel. ~) To demand 1hat mullilnteml finandal1nstittulons and 1he na1ionnl govern- ment give po!11C1pollon 10 1he CommoSSIOn 1n nil plans to <OnSirUCI infra· scructure through lnd1genous 1emtoncs and pnmde 1he Commission aa:ess 10 all the mfomuuon ne<:<:ss;ll)' £or ouT Congresses to dwde whether the proJect ts beneficial or nOL. 6) To reucratc our demand for ponicipouon \\11hm 1he Good Neighbor Comm•ssion composed of the governments ol Pnnama and Colombln. 8) lo sohcit supporl for the C.omnussion from Indigenous organizalions Olll· side ol Panama, solidarity groups and non·gov~rnmenlal organiZBI!ons. \Vrlttcn tn the Madungandt <Amafla, Comrnunlly of PINDUP on Ocwb<r i. 199-f. FOT """'infonr.atl<ll1 f4y ~·· Comulon lnd!scna Camtcro I'<Vl·AI!IClf<<~""­ COONAPIP. Apanaclo Postal8720S9, Zona i, P - . Tel (507) 62 16 SS I'<J.X· (507) 62 JS 66. or Htelor llucrt.,, Llgal Ad""'" Conoi,Jon lndtgcno CaN<Icro P<•Mimcricana. Ccnuv dr. A>ISI<ncla Llgal Popular (CEAIJ'). ilponaclo Postal 6·5866. 1:1 Dcradb, Panama. Tel (jOT) 64 6.5 29. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indigenous Peoples Unite Against Pan-American Highway Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Alicia Korten Dialis Ehrman Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Indigenous Peoples Unite Against Pan-American Highway Item Type Journal Article Author Alicia Korten Dialis Ehrman Volume 8 Issue 4 Pages 27-28 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Indigenous groups voice opposition to the Pan-American Highway, a proposed infrastructure project that would facilitate trade between between North and South America due to possible environmental destruction and community displacement. Attachment Title Indigenous_peoples_unite_against_pan_american_highway.pdf Attachment URL [No URL] Conservation Embera Kuna Ngobe Pan-American Highway Wounaan https://www.abyayalanews.org/files/original/03b31eb63ef9e1c8d4ab0d4f5f10a67f.pdf 41917f6f35fe99fc1a6fc8cac60bfd3c PDF Text Text P ERSPECTIVES ON BIODIVERSITY AND I NT.,_LL EC_,_UA L_,__,,O PE,R_,_' -- - - - - - - - - - - E, , o, T"'= P R , _, TY Biodiversity, Community Integrity and t he Second Colonialist Wave He whare maikhi tu ki roto ki te tuwatawata. he tou no te rengatira: he whare maihi tu ki te wa kie te paenga. he kai na te ahi. An ancestral house standing inside the community is the sign of chiefliness: one standing in the open is food for fire. - Maori Proverb by A T P roha e areake M ead M the Maori proverb above indi- tes. an ancestral house. or any pe<:t of heritage which restS within its home community. holds in itself and brings lO its people numa- AroJta Tt Pm·wkc Mead is a Maori aclivi.st and works wi1h Taonga Umittd in Ac>tcoara, Nt."W Zealand. 6 respect and sovereignty. If the house or any other aspect of heritage. either tangible or intangible, is taken away from its community and from its context, it becomes at risk of destruction. "food for the lire."' And its people are confined to • destiny of mourning for the loss of a beloved and irreplaceable pan of their heritage. For Indigenous communities. the underlying meaning in this pro\·erb is that the life force of that heritage still exists regardless of the physico! circum- stances around it An ancestral house will always be part or the heritage or ilS own tribal community even if it now fomlS pan of a national or imemational museum collection. #Jya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY An Indigenous plant. its extracts and seeds. will always be part of the heritage or the community, who have imerncted with it for so many generations that the plant has become j>art of the language of that community, its significance reafGrmed daily in (waiata) songs. (whakatauki) proverbs and (whaikorero) traditional greetings. The Second Wave of Colonization The first wave of colonization consisted of the forced misappropriation of Indigenous lands and resources. most often through ,·iolence, resulting in mass alienation of Indigenous peoples from their homelands and heritage. The denigration of Indigenous vah,tes and practices was sanctioned by religious and social beliefs that tribal peoples (non-Christi:ms) were savages and barbarians, and 1heir cuhurnl traditions "'heathen'" and evil. Settlers claimed that theft of Indigenous lands served the .. public good'" and that new technology promised more effective land usc. improved farming methods. and new crops. Time proved, however. lhat new farming technology kept being impro\'ed until most farmers could no longer afford it. New methods also brought soil erosion. pesticide pollution. and the final insult. ha'"ing to buy seeds which were prc,riously 53.\'Cd ftom the harvest. Where Mother Earth used to be the equalizer for those who used her resources to feed, clothe. shelter and heal themseh'es and others, technology has turned her imo a factory. The second wa\'C of colonization sets its sights on mis.'1pptopriating what little remains after the first wave. the "'intctl'\gibles" of Indigenous cultuteslndigenous knowledge of the environment. pre"entative and curative healing practices. and panicularly traditional uses of Indigenous plants (medicines. dyes. complimentary crops to name but a fcw).\Vhere the first wave of colonization was made possible by nonnalizing the violence against Indigenous peoples Vol. 8 No.4 as in the service of "the public good," the second wave is accommodated and encouraged through national and intcrn:nional legal instruments which allow st~ucs and privme companies to exercise-through legal and financial nonns and standards~xternal private and exclusive ownership of 1he tangible and imangible heritage of Indigenous communities. liS not at all coincidental that the jus1ification of this misappropriation is the s..1.me: "It's for humanit)'. for the public good ." Before. it was land acqui· s1tion. Now. it is acquisition of knowledge and resources. No matter how one · looks at it, the result is the s..u ne: outsiders forcing the concepts of commodification of resources and acquiring ownership of the ancestors· gifts-lands, resources and knowledge. Cultural and Intellectual Property Rights Governments as well as private companies are now clamoring to copyright and patem Indigenous an forms. medicinal plants. languages and even genetic materials. Signatory states to the Convention on Biological Diversity and the UN Conference on Environment & Developmem's Agenda 21 (1992) are now required to respect and take measures to protect the Intellectual Propcny Rights (IPR) of Indigenous peoples and local communities with respect to bio· logical diversity. Many States have inter· preted these international directives as justifying the redesign of their national IPR legislation to legalize State governance of community assets. but Indigenous peoples around the world view such measures as unnecessar)' intrusions into the integrity of their communities. h is neither logical nor practical that the best system for the protection of the cultural and intellectual property or Indigenous peoples resides with states or even with the international community. Protection can onty be designed and implemented by Indigenous commul1ities themselves in panncrship with individuals and organizations (local, national. regiomll and international) of their choosing on an informed consent basis. The body most c.•pable of respect· ing and enhancing the unique needs of an Indigenous community is one initiated. developed and staffed by the community itself. National and international instruments cannot possibly prepare communities for the challenges upon theit own stro.ctures of leadership and accountability. State instro.mcnts should focus on the activities and proccdtu·cs of companies, bm it is clear that many States would prefer to regulate the activities of communities. At a funda· mental level there is al.s o the problem of states. as well as the international comrnunity. assuming that they have a right to develop standards and legally binding instruments for assets which do not belong to them. New threats facing Indigenous Communities: A Case Study The attack on Indigenous communi~ tics is constant and significant. Indigenous communities cannot afford to ignore external pressure and simply to hope that ignoring the threats will in time make them go aw-a)~ A brief examination of the national activities and c.xpericnces of the Indigenous communities living in just 01'e UN member State-New Zealand-demonstrates the diversity of IPR issues facing Indigenous communities. The human genome contains the heritage not just of an individual but of that person's community. for many Indigenous peoples. the concept of "'ownership"' of a human gene e\'en by the individual is just not accepted. The ownership of a human gene by a company is therefore reprehensible. \ Vithin the Pacific. two attempts have already been made to patent Indigenous human genetic material (Solomon Islands and the Hagahai or Papua New Guinea). The Human Genome Diversity Project has targeted over 200 South PaciGc Indigenous communities for genetic 7 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTU~~ P R O P E~ TY ------------A L....!'-!~::!:.! R~~ sampling. Maori arc one of the few not on che lise (See arcicle on HGD Projccc pg. 13, eds.). However. che a11cmpced recommendation to the New Zealand government by Maori-that New Zealand discuss with other Pacific nations the itnplications of the collection of human genetic materials in the Pacific-fell on deaf cars. Research within New Zealand on cancer. alcoholism and otitis media (gl\lc car) has been reponed to focus on Maori genetic predispositions lO such conditions. In the hands of health insurance companies. genetic screening on the basis of ethnicity involves fundamental human rights issues which have yet to be c., plored. Copyright of Indigenous Languages In November 1994. che Oxford University Press attempted to secure an cxcl\lsivc copyright or che \Vi/limns Maori Umguagc Dicrionary. First pub· lished in l$44. the dictiOI''I:U)' remains the most authorilative dictionary of the Maori language. ll has been reprinted twelve times (seven editions) by the New Zealand Go'"ernmcnt Print Office, an agency established to promote the recording and publishing of New Ze3land hiscory for the benefit of all New Ze~landers. Many of che first Maori language and ~...laori history publications were financed and p11blished by a state- owned Printing Office on the underscanding that such publications were "held in trust~ as vital components of the national herilage. Prh'3tization of state agencies, including the Print Office. has opened 11p Maori publicatior\S to copyright by the privace sector. There are currently no mechanisms by which Maori can regain ownership. We will have to fight for each publication individually. Traditional Uses of Indigenous Flora and Fauna Several New Zealand companies 8 have developed successful cosmetic products using tradicional knowledge of nora and fa\llla. A ncdging phannaccucical induscry is also being developed. but at this point the cos1nctic propcnics of native plants are the primary ulrget of commercial exploitation. ln some cases the traditional knowledge comes from Indigenous informants. in other cases through research in historical records kept by early senlers-includingchosc of Capcain james Cook himself-which provide detailed and illustrated accounts of the properties and uses of native plants. The Body Shop recently negotiated with a small tribal company their extraction process for the oil of the native Manulla plant. Manuka is a native plant common to most of the North Island and of significance 10 many different tribes. such that songs, proverbs, weavings and other art fonns record the plant's special relationship to each tribe. Thus. from a tribal point of view. it is diffic\llt to accepc the validity of any IPR agreement bet ween two companies involving what most Maori would consider "common propcny."' Exploitation itself is easier to understand than the attempt to patent the process. or tO seck plant variety rights on the Manuk..1. Already. plant variety rights have been granted to national and international companies for thincen plants by the New Zealand government. In response, the Maori have filed a Treaty of \.Yaitangi Tribunal Claim against the go'"erntnent . seeking confirmation that all native plams are the heritage of Maori tribes in the first place. and that any decisions relating to the conmlercialization of native plants must by made by Maori tribes themselves. This historical case is due for consideration in mid-1995. Capacity Building: More Questions Than Answers The righcco intellectual property. as a western legal invention. was never designed co cope with the myriad ·properties"" now being thrust upon it. Indigenous knowledge and Indigenous resources simply do not fit into che IPR regime. Protection of heritage must be addressed through alternative mechanisms. but it must be a mechanism robust enough to apply to the diverse range of activities now thremening the heritage and livelihoods of Indigenous communities. Indigenous communities need to son out amongst themselves-without the interference of non·members-the tribal. sub-tribal and ramily "ownership.. of knowledge. \ \That is common property? Who has the right to give consent? Elders or youth? Tribal political structures or new additional specialiSt tribal organizations? \Vhat structures will they put in place? Should regional and national scruccures also be established? By whom? Indigenous communities should also make greater use of the infonnation highwa)' and strengthen national, regional and international networks in order to exchange information. offer advice and experience. and keep informed of the growing swell of che second wave of colonization - misappropriation of Indigenous knowledge and biodiversity. The most appropriate and resultsoriented contribution that states and the imernational community could offer is to provide additional financing for com· munity capacity-building. and to focus regulatory attention on external compa· nics. agencies, and individuals. As the Maori proverb scates. the heritage of Indigenous communities rests with those communities. If any aspect of this heritage is removed, it becomes food for the fire. Similarity. the proverb reminds us that che incegrity of a commul'lity requires us to hold firm and protect the treasures of the ancestors. If pans of our heritage have been lost. it is our responsibility to get them back. no matter how long il takes. Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Biodiversity, Community Integrity and the Second Colonialist Wave Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Aroha Te Pareake Mead Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title Biodiversity, Community Integrity and the Second Colonialist Wave Item Type Journal Article Author Aroha Te Pareake Mead Volume 8 Issue 4 Pages 6-8 Publication Title SAIIC Newsletter ISSN 1071-3182 Date 1994 Language English Abstract Note Indian communities are now faced with the task of defending their cultural and intellectual property rights in the areas of agriculture, language, genetics, etc. Attachment Title Biodiversity_community_integrity.pdf Attachment URL [No URL] Colonialism Copyright Intellectual Property Rights https://www.abyayalanews.org/files/original/1bb2efbe8cd349e7daa403d0bf711eb5.pdf f352b0e5fe8a6d35655c754210b87d6e PDF Text Text PERSPECTIVES ON B I ODIVERSITY A ND INTELLECTUAL PROPERTY - - - - - - - - - - - - The Guaymi Patent One of the best known cases of attempts to patent and commer· cialize human tissue is that of a still unidentified Ngobe (or Guaymi) woman of Panama. In 1993 and 1994. this case captured not only the attention of the international community of scientists. but also that of Indigenous people world-wide. by Atenciolopez M . I n 1991 . ~ very ill 26-ye:>r old Ngobc woman sought medical treatment in a hospital in ~anama City. Doctors there diagnosed her with a fatal case of l. uktmia. This woman could not have e lmagined that the Panamanian doctors. with the complicity of US sciemists, would then remove s.1mples of her blood for experimentation and finally StOre her genetic material in biological laboratories several thousand miles away in the US. The doctors who set this in motion have refused to divulge the woman$ name. As a resuh we have been unable to locate her. nor do we know if she is Still alive. Even if she were alive. it is doubtful that she would be able to make sense of the fact that two sup· posed inventors. Michael Dale Laimore and jonathan E. Kaplan, nearly acquired monopoly rights over pan of her body, or that this action was supported by the US governments Secretary or Commerce through its branch that regulates the patenting of scientific innovations. These scientists claimed to be search· ing for dues to understand aborigina.l peoples in the Americas and to generme grea.ter understanding of HLV, the \rims thought to cause AIDS. But their actions point to different. and significantly more commercial. iotcmions. In 1993. they filed a '"high priority" palent claim. which was given the number Alcncfo Loptt is a Kuna Indian and wo,.k.s with the OpXanitation Ktmas Unidos per Napguana in Panama City. 16 U$612.707. and t itled • Human Lymphotrophic Virus Type 2 from the Guayrni Indians of Panama... According to the application it was based on the "cell line of a 26·year old Gua)'mi wom{ln who lives in Panama'". Irnernarionally. the patent request is reg· istered with the World lmelleetual Propeny Organization as number U$9108455. Not only this unidentified woman, but hundreds of Indians in Panama ,..,crt treated as guinea pigs for genetic e~per­ imemation during this ~me time peri* od. Kaplan describes the researchers visit for s.-1mple collections., "'We spent six days in Canquinlu. Some of the doc~ tors worked in the heahh ctnter a<hnini.stering medicines to the Guayrni pco* pie. while others worked with nurses interviewing the residems of the village and obtaining more blood samples."' The lndigneous community was never infonned of the intent or implications or these collections: the purpose o f the blood samples was known only tO the researchers. One witness affinns 1hm doctors of the Gorgas 'Memorial Laboratory of Panama collaborated in this research. that they used the blood samples of hundreds of Ngobe I>Cople. and that the blood samples collected in the process were subsequently sent to the Center for Disease Control in Atlanta, Georgia, and tO the American Type Culture Collection in Maryland . The ostensible purpose wns to investigate the cause of a fatal form or blood cancer. as well as forms of the Human l.ymphotrophic Virus. but the patent application followed shonly thereafler. This Guaymi case was denounced in international human rights forums and before the United Nations, but received little alttlllion in P~nam.a. due in pan to a 1:-tck of familiarity with the issues. Only a small percentage of the main· stream culture understood what had taken place. Worst of all. the Panamanian government sided with the US scientists and even utilized some Indigenous organizations itl an auempt to discredit the protests. Nonetheless. the Ngobc-Bugle General Congress. the Kuna General Congress. and other Panam3nian indigenous organizations issued strong statements agains1 the patent application. Following public protests in the Geneva meeLings for the GATT in October of 199~. in Canada and the United States, as well as widespread international solidarity. the patent claim wttS withdrawn in the United Sta.tes-:lt least that is what we believe. based on a statement in the NO\'Cmber 5. 1993. issue or Science magazine. There. in sharp contradiction 10 earlier humanit:uian claims, Kaplan is quoted as s.1ying that the daim was being dropped as it "'has no comrnerci3l interest ."' These researchers shield themselves and their actions with the claim that their work is for the benefit of humani.. t)'. and that they are innocent of any ir'lcnt to harm the ln(ligenovs communities invoh·ed. Yet. it is undeniable that the rights of an Indigenous woman, as well as the rights of an cnlire community. wert violated. The national sovereignty of Panama was also violated in this pl'ocess. although the government comim,u~s to deny this. \Nhat will happen when the results of th is research are finall)' patented. or the rights are sold to a muhinational corpo* ration? Shall we always continue to be the objects of research. with no rights in the mauer? Abya Yala Ne.NS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Guaymi Patent Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Atencio Lopez M. Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title The Guaymi Patent Item Type Journal Article Author Atencio Lopez M. Volume 8 Issue 4 Pages 16 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Between 1993 and 1994, a group of American scientists attempted to patent and commercialize a sample of human tissue collected from an unidentified indigenous woman. Indigenous groups and international human rights forums denounced the effort and the scientists subsequently withdrew their patent claim. Attachment Title The_guaymi_patent.pdf Attachment URL [No URL] Guaymi Human Rights Intellectual Property Rights Ngobe Patent Law https://www.abyayalanews.org/files/original/5e4bfa92a1d45d2eba6f35ce47858f9a.pdf 9da88db5d6c711b92795f4f09fb9a0c9 PDF Text Text INTERNAT I ONAL Free-determination and the States: Commentary on Barbados Ill by A ucan H uilcaman read with interest the "Declaration of Barbados Ill" reprinted in the last issue o f Abya Y News (Voi:S no.3). ala Considering the breadth of material included in the declaration. I will only comment on the portion of that docu· I ment which begins with suggestions to the governing l.1tin America.n states, the United Nations and its various specific bodies such as the OIT, UNESCO. UNDP. and FMI. Second. I also want 10 comment on the declarationS final sec· The promises which L'ltin America:S governing states have made through documents in summits such as those held in Mexico and Spain respond 10 Indigenous peoples· undeniable reality, but these resolutions are very far from being implemented in practice. In the meeting in Spain, the governments promised to establish a Development Fund for Indigenous Peoples of latin America and the Caribbean. Now, when \ Ve are in agreement in relation to Indigenous peoples petition the fund for economic assis1ance. they are told that the fund has no resources and that it is only a negotiating table between some international organizations and the identification and historical analysis of factors wh ich have made the political and cultural oppression of Indigenous peoples possible. as well as the ' "e'vs on ideological, political. religious. and eco- legitimize their actions, they have established an an oversight council with Indigenous representation. However, Indigenous delegates have to be ac redit~ tion related to the self.detemlination of Indigenous peoples and the nationally constituted states. nomic colonialism and neocolonialism. However. the declarations call to the Latin American governing states seems misplaced. The Slates are fully aware of the reality in which we Indigenous peo· pies live. Th ey know that this reality has been constructed by force and violence. The denial of our physical and cultural existence produced by the political constitutions and legal systems responds to the homogenizing nature of the govem- ing states, and is the resuh of organized political decisions. not of coincidence or circumstance. Aucan fhiilcaman is \Verken. or spohc..sperson, for the Mapuehe organitation Auhin \Vallmapu Ngulam-C<>uncll of All the Lands rn S<>ulhcm Chile. Vol. 8 No.4 Indigenous communities. In order to ted by each countrys chancellor. They this ·democratic panicipation." but il is nothing more than state colonialism under the guise of recognition and democracy. Similarly, the governing states came to a set of agreements at the Eanh Summit in Rio de janeiro in 1992. If we try to verify compliance with these agreements. we do n ot find any concrete means in the legal. political or eco· nomic arenas to ensure better adminis· tration of natural resources. It is easier to identify the thousands of hectares of land. mountains. rivers. and lakes which have been destroyed and contaminated. Un doubtedly. as it has become impossible 10 evade the Indigenous reality. the governing s.tates will make a declaration C.."lll regarding Indigenous peoples whenever they hold a continental meeting. but in no case does this imply compliance with their promises. I belie,·e that any demands or exhor· tations require precision. We Indigenous peoples are fighting for the recognition of our rights, rooted in our historical and political condition as a people. with all powers in the areas of rights, ideology. politics. and culture which this implies. such as the restilu· tion of fundamental rights and freedoms such as free·determination and the resti· nuion of ancestral lands. These condi· tions are precede any fonn of recognition. otherwise. the states will continue lO determine the framework for recogni· tion and relations between Indigenous peoples and the governing states. 1 consider out of context the cttll to the United Nations and its various spe· cial bodies. as if these were something separate from the constitution. control. and intervention of the governing states. ll is time to state what the United Nations is and what it truly represents. The United Nations does not exist; what truly exists are "Concerted States.. which are simply institutional structures whh a legal. political and ideological base and with defined interests. Taking into account that the ideological base and sustenance o£ a nation is fundamentally cultural. It is no longer possible to con· tend lhal the "states are polilically·orga· nized nations." States in America (Wallmapu in the Mapuche language) have no corresponding socio-<:ultural reality. Therefore. the United Nations 23 �t< T E R t< AT I 0 t< A L arc the s.-~mt govemmg states that have been COI\SIIUCicd wnhou1 uking into account the cultur.ll d"·ersny of the con- unent The I LO (lnternouonal Labor Orgamzauon). UN Oe\'elopment Program ond UNICEF are not independent of the United Nations or of the governing s1mcs. Thus. their actions are not :lU10ttomous. All of their plans. progmms. nnd projects require govern· mental approval. It is sufficiem that an lndagcnous organization comes into confltct wtth the stotc in the process of then struggle, for these org:mizations to hmtt the help chey gwe. Relaung to 1he declarauonS State· ment, '"\Vt btheve u necessary to appro\'e the Chaner of Indigenous Peoples Raglns promoted by the UN: it 1S wonh menuontng that af1er thineen ye01rs of dtscussaon lxtween members of the UN Workeng Group and Indigenous reprcscnt:tllv<:s. the governments are not willing to recognize fundament:tl rights such ns frec-deurminacion and the restitution of nnccstml territories. Frcedctcrmmmlon is a right prior to. or condicional for. enJoynlCnt of the ocher rights. Before demanding prompc racificauon or thiS feg.1l instrument, it is esscnual to be sufficaently informed of the fundamental nghts chac lndagenous peoples are defendmg m che '"'rious spaces 3.\"31lablt to us, as well as posi· uons t3kcn by thr states in relation to chcsc nghts. Wuhouc mcorporacing these COnditiOnS, new ronns or dominaliOn could spnng from international law, even ash IS rr:1med as the recognition of Indigenous peoples and cheir righcs. Dunng che Working Groups' fino( session (July 25-29, 1994), they did not permit rc,•lsion of the declaration. and merely received Indigenous represencatives ·comments." chereby pre,·cnung full recogmuon of che confltcl becwcen lndtgcnous righcs and che states The nghc co free-<ltcerminacion, formulated by the Indigenous peoples. shows che d"•de between the historical 24 legacimocy of lndtgenous peoples" inahenable nghts and che legaluy that sustatns che staces The lnd1genous people ma1ntam wuh all our comiction that 1hc states, do not ha,•e more nghts than we do. nor have we au1horized them to 1m·oke our exclusi"c rights, nor intervene II' OUr I)COpltS' rulUre. Since the dcclarat•on olso calls on the lntcrnmionnl Lnbor Organiza1ion (ILO) and refers to its Covcnanc 169, I have to comment that this Covenant renects the st:ue-govcmments' politics of juridiClll colonialism as well as chat of the UN'$ agenc•es. Although che Co\'eMnt rccogmzes us as peoples. it samultaneously r<J<CIS che righcs chac stem rrom thiS r«OgJ'IIliOO, SO that it remams purely symbolic. The Co"enants most SlgntfiCllnc element lies in pro'"dmg lndagenous people che right to '"consultauon and panicipauon: Howe,·er. th1s ng.ht becomes ind· recuve when we remain polhica11y o ppressed by the scates. Indigenous consent In 1his context is rel:uive. At the UN World Conference on ~Iuman Rights in june of 1993 where I served as spokesperson for che Indigenous represemauvcs. we Slated "\Vc call on the States to mufy Co"enant 169 of the ILO pro,1dtd chat the Indigenous peoples are 1n agrt-c:ment \Ve understand this 1nstrumcnc as che first step co establish new and better relauons between the stales and chc lndtgenous peoples: In rdercnce to the international development and rinnndal organizations such ns the World llMk, IMF. lnteramer•can Oe,·elopmem Bank, it should be noccd chat che developmenc chey hove imposed is unilateral, and has assaulted Indigenous cuhuml identities and the economics of reciprocity. These are the snl'nc orgnnizntions that appro"ed projeccs for conscntccion of hydroeleccrac dams and ocher such endea,·ors wuhm lndtgenous territories. for example, chc hydroeltctric dams on the Rt\'er B1o-Bao \\ithm Pehuenche Mapuche lands. Any '"''ilation to change pohcaes made co chest institu- tions is \'Cry for from bemg mec, especially stnce chey respond co che tntere.sts of the gcn·emmencs ond are not independenc bod1es. The dedarauon ends refemng to che democmtizauon or Lattn America. of geopolhacal reorganizouon, and che rccogni1ion or the Indigenous territories. I reiterate that we arc in agreement on this: it continues. however, whh a call for recognition o f Indigenous righcs "'in a rramcwork or n sclr-dctermination compotible wlch, and complememary 10 the 50\'CI'Cigmy or national Slates.. 1am not sure af I should conclude chac in chis passage the dcdar.auon presencs a sec of contradacuons oorely compouble with the prev1ous am'llysas. or whether it is the poliucal onentauon of che Signatory Org.1111%3UOn. \VhaCe\'Cr the case, I \VIIl emphastze che 1mphcauons thts essen· cialaspecc has for posstble solucions and new rclationshtps between Indigenous peoples and states. It is incongruent co propose che compatlbilhy Indigenous sclf-dccermination and the sovereignty of the nationally constituted states. ItS worth reicerating 1ha1 Indigenous people are fighcing for fru dcl<rrninatlon and not self-determanauon. These concepcs ha,·e different meantngs and amphcations tn the legal, poltucal, 1deologacal, hisconcal. and culturol fields. lndagenous peoples h•,-e yet co determine whether we want to develop our· seh-es '"tthm or outstde of the SU\ICtures of che so-called nnuon-states. Funhcrmore. ns I poinced out above. nation-states don 1t extst. \\'hat exists are state-governments. The homogenizing and unilateral n:uure or the St:Ue•gOv· cmments is what maintains the lnck of cuhural understanding ond social incolerance. Complen>cncarhy wilh che Scaces as they are is imposstble. 11 will only be passable when both instiluuons recognize each other reciprocally under the baste pnnc1ple th:u neuher is more valid chan the othtr, and th3t eoch system of orgamzauon 1S the most adequace for ats own culture. ~aYalaN<M � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Free-determination and the States: Commentary on Barbados III Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Aucan Huilcaman Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Free-determination and the States: Commentary on Barbados III Item Type Journal Article Author Aucan Huilcaman Volume 8 Issue 4 Pages 23-24 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note A spokesperson for the Mapuche organization Aukin Wallmapu Ngulam-Council of All the Lands comments of the "Declaration of Barbados III," especially the sections relating to the self-determination of Indigenous peoples and the nationally constituted states. Attachment Title Free_determination_and_the_states.pdf Attachment URL [No URL] Autonomy Human Rights Indigenous Rights self-determination United Nations https://www.abyayalanews.org/files/original/fbbb761959390b5a615a9b0deee03998.pdf 4f1205f1b4ea24f00c7f6842ee3c487e PDF Text Text PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework by Darrell A. Posey afeguarding 1raditional knowledge S :1nd biogenetic resources has become a ccntr1!1 struggle in the expression of Indigenous self-detCm1ination. V.lhitc il is a growing "''"''areness of dte scale of 1>ast and prcsem misap· propriation by science. industry and other commercial interests that has pro,. voked this concern, tr3ditional resoutces arc also increasingly sec1'l as the basis for greater political autonomy and economic self-sufficiency. lmcllecll!al Propert)' Rights. or IPR, has been proposed as a 1cgal ins1 nunem under which Indigenous peoples could seek protection for ki\Owledgc and resources. IPR developed as a western concept to protect individual, techno· logical and industrial invemions. The dangers lying within the IPR debate are well recognized b)' Indigenous peoples. Dr. D<zrrtll PO!<. has many ytar$' txptritncc )' working on IPR a11d biodi\'crsity issues. and is currtmly with tht WOrking Group on Tr·aditional Rtsoura Riglus al Lhe Oxford Centre fOJ· Envirunmcnl. ElhiC$. and Society at Oxford Un11·ersiry. Vol. 8 No.4 who, along wilh m~ny other researchers. a) Global funding for ex-plo itation: think that IPR is not an appropriate First. the Earth Summit (United N3tions mee:h3.nism to strengthen and empo,ver Conrercnce on Environment and troditional and Indigenous peoples. Development), held in Rio de Janeiro in The term Tradilional Resource June. 1992. dealt in large pan with how Rights. or TRR, has emerged from the biological diversity conservation could debate around IPR to describe a broader. be economically exploited through human-rights b:tsed concept composed biotechnological development. and of the "bundles of rights" taken from effectively highlighted the economic other international instruments and JX>tCntial of traditional knowledge and agreements (including IPR). TRR is a resources. The Convention on Biological £'irst attempt 10 define and idemify 10 Diversit)' which emerged from the what extent existing international cus· Summit calls for the study. use, and tomal)' law and practice c..1.n be used to application o( "traditional knowledge. defend Indigenous knowledge and bio- innov~tions. and pr:lClie:es." Its :lC<;orngenetic resources. and then to build panying document. Agenda 21. actually upon these "bundles" to achieve omlines funding priorities to implement Indigenous peoples' goals. Indigenous this process. As a result. considerable people will lead the process or develop- global funding will be directed toward ing this framework according to their the exploitation of Indigenous knowlspecific needs and pr11ctices. edge and biogenetic r~sources. b) BiOl>rospec ting: Second. an Biodiversity Prospecting and increasingly large number or companies Economic Activities are ..biodiversily prospecting--that is, To understand wh)' the safeguarding looking for biogenetic resources (plants, of knowledge has recently become a ~mimals, bactcritt, etc.), including major issue for Indigenous peoples. con- human genes. that can be used in the sider the following pointS: biotechnology industry. Quinine and 9 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY curare are familiar examples or this phe- nomcnOI'l, Never before. however. have there been so many companies and collecting organizations interested in those biogenetic resources that have been nur- tured. protected and even improved by Indigenous peoples. The Guajajara peo. pie or Brazil use a plant called Pl1il0<atpus jaJxmmdi to tr~at glaucoma. Although Brazil now cams $25 million a )1 ear from exporting the plant. the Guajajara have suffered from debt peon· age and slavery at the hands of agents or the companr hwolved in the trJ.de. Funhcrmore. Pilocarpus populations have nearly been ,,;ped out by ravenous. unsustainable collecting pracciccs. c) Economic possibilities for Indigenous peoples: Lastly. many Indigenous communhics need and are looking for economic altemati\'tS. In the tropics. there arc oflen few economic options other than timber exu-action, mining, and ranching. Yet. the tropical ecosystems are constantly touted as being one or the richest in biodiversity. \Vith a huge potentiaJ for cJiscoverie.s Of new medicines. foods. dyes. fertilizers. essences. oils, and molecules of prime biotechnological use. ln summary, the problem or knowledge and genetic resource exploitation nov.• experienced by Indigenous communities is only the stan or a huge aV'31anche. The Right to Say " NO," and Categories of Protection The first concern stated b>' Indigenous peoples in every imemation· al forum is their right not to sell. commoditize, or have expropriated cenain domains of knowledge :md ccrtai!'l sacred places. plants. animals. and objects. Subsequent decisions 10 sell. commoditize. or privmize are only pos-sible if this bas•c right c;~.n be exercised. At least nine categories o£ traditional resourccsllndigenous intellectual prop· Crt)' can be identifkd which a people or community may be concerned to pro· teet £rom mi.S<1pproprianon: l. Sacred properly (images. sounds. knowledge. 10 material culture. or anything that is deemed sacred}. 2. Knowledge or currem usc. previous usc. potential use of plam and animal species. as well as soils and minerals, kno\Vn to the ctthural group; 3. Knowledge of preparation, processing. storage or useful species; 4. Knowledge of formulations involving more than one ingredient: 5. Knowledge or individual species (planting methods. caring for. selection criteria. etc.}: 6. Knowledge of ecosystem conservation (that protects commercial value. although not specifically used for that purpose or other practical purposes by the local community or the culture); 7. Biogenetic rcsour<:es that originate (or originated) on indigenous lands and ter~ ritories~ 8. Cultural heritage (images. sounds. crafts. ans. perfonnances}; 9. Classificatory syStems of knowledge. Quite clearly. knowledge is a thread common to all t hesc categories. Many Indigenous groups have e.xpressed their desire that all or these be protected as pan of the larger need to protect land. territory. resources and to stimulate self· determination. Control over culu.lr:\1, scientific and irndlectual property is de facto self-determination-although only after rights to land and terriwry are secured by law and practice (i.e.. boundaries are recognized. protected. and guaranteed by law}. But. as many Indigenous peoples have discovered. even guaranteed demarcation of land and territory does not necessarily mean free access 10 the resources on that land or territory. nor the right to exercise their o v.rn cultures or even lO be com· pensated for the biogenetic resources that they have kept. conserved. managed. and molded for thous.1nds of > 'cars. The Search for an Alternative Framework: Starting points for a new system A wide range of imcmational agree· tnems, dedarations. and draft docu· ments have relevance £or building a newly designed S)'SLem to protect Traditional Resourc'C Rights. These are labor law: human rights laws and agreements: econo1nic and social agreements: intcllccmll propel'ty and plant variety protection: fanners' rights; erwironmen· tal conventions and law; religious free· dom acts; cultural propeny and cultural heritage; customaty law, and traditional practice. Highlights from each or these areas arc described below. Labor Law: IPR and ILO The International labor Organization (ILO) was the first UN organization to deal whh lndiger1ous issues. establishing a Comn1iuec of Experts on Native Wbor in 1926 to develop inter· national standards for the protection or native workers. In 195 7. the !LO pro· duced the Com•emion Conccmiug the PrOle:ction and lntc.:grarion of lndigenou$ and 01ltcr Tribal anti Semi-Tribal Populmians in Independent Countries (107). This was rewritten in 1987 as the Com•ention Cot~cembtg lndigetJ<ncs Peoples in Independent Cottnlrit.-s (Convention 169} with much or the original~ "inte· grationist l~nguagc" removed . The con· vc1nion's key <:omtibutiOrl is lO guaran· tee Indigenous peoples' rights to deter· mine and control their own economic, social and cultural developmcm. It also recognizes the collective ospcct or Indigenous possessions. which is of obvious importance to IPR issues. since collectivity is fundamental to transmis· sion. use and protection of traditional knowledge. Until now, Convention 169 has not been sufficiently used with implementation of IPR in mind. liuman Rights a1td lntellc<:t ual Property lmcrnational human rights laws offer some mechanisms for cuhurnl protec~ lion. The princ.•pal problem is thot these are oriented toward n:uion-statcs and do not easily "provide a basis for claims againsl multinational companies or indi· viduals who profit £rom traditional knowledge.• The 1948 Unive~·sal Dedararion of Human Righu 3_ d the n Abya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAl PROPERTY Hundreds of potato varieties are grown and preserved by Andean peoples 1966 lnccr·natlomzl Ccwenmu on ECOtlOmic. Indigenous pc:oplts luwc: tht right ro tl1t Social tmtl Culrur'al Rights guarantee f1.111· t>rotc:ctlon and, wllerl: at'P'Otniatc, the damemal freedoms of personalintegrily re.ltabilitation of tltc rowl environment and and action; political rights: social and productive capacily of their lands ruul terti· economic rights: cuhuml rights and tories. and the rig1H lO tldequatt assisumce equal protection under the law. Within including irucmalio,lal cooperacicn to this this gu3rantcc is the right of self-deter- trul. mination. including the right to dispose It is dear that IPR should to be seen a.s of natural wealth and resources. This a basic Iutman riglu, worthy of incorporaalso implies the right to protect and con- tion in tht C<lmpaigns of lwman ,ights org:aserve -resources. including intellectu:.\.1 nit<tlions. property. Signincantl)• these human rights . Econon'lic and Social Agreements laws also protect the right to own co11ec· In 1972. the United Nations tive propeny. as well as guaranteeing the Economic and Social Council fonned a right to just and favorable remuneration special human rights Sub·Commission for work-which can be interpreted ns to Study the problem of discrimination work related 10 traditional knowledge. against Indigenous peoples. After releas· Finali)'. they provide for "recognition of ing a lengthy repon that found inadeinterest in scientific production. includ· quate protection of Indigenous peoples' ing the right to the protection of the rights whhin existing international moral and material interests resulting insrrumems. the Sub-Commission (rOO'l any scientific literary or anisliC released various resolutions recomproduction.· mending U>althe UN "Provide explicitly This language is echoed in the Draft for the role of Indigenous peoples as Dcdm·ation on tlte Rights of Indigenous resource users and managers, and ror Peoplc~s which states: the protection of Indigenous peoples' Vol. s No.4 right to comrol of their o'vn tmditional knowledge of ecosystems." It also requested the Secretary-General to prepare a concise report on the c.xtcm to which existing imernational standards and me<:h:misms serve Indigenous people in the protection of Lheir intellectual property. The human righlS commission has played an important role in pressuring other UN agencies to take action through these calls for protection of. and protection for. Indigenous peoples' IPR. Folklore and Plant Variety Protection The U n iu~d Nations Educational. Scientific and Cultural Organization (UNESCO) should be a logical forum for IPR discussion: yet, while UNESCO hns heard "petitions" of complaints by native peoples related to the fields of education. sde.nce. culture and inronnation, Indigenous questions remain marginal 10 UNf:SCOs agenda. The World lntellccwal Property Organization (WIPO) in Geneva has 123 member states that have reached 11 �PERSPECTIVES ON B IODIVERSITY AND IHTELLECTUALc..P ~::;P E RTY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~~ :..cRO :.,::,:::.:.!..... tions or ~rarmers' rights• and '"breeders! gested that IPR is essentially a question rights" have been extensively debated in of religious freedom for indigenous peothis context . In 1987 FAO established a ples. ..- uch o£ what they \VC\I'lt tO COO\· M fund for pL1m genetic resources. with mercialize is sacred to us. \Ve see imel· the idea that seed producers would vol- lectual property as pan or our cultureuntarily contribute according to the vol- it eannot be separated into categories as ume of their seed sales in order to I\Vestcml lawyei'S would wam."' Pauline r finance projeCtS for SUStainable USC of ·- angipoa, a Maori leader, agrees: plant genetic resources in the Third "Indigenous peoples do not li•nit their ~'or1d. Unfortunately, major seed pro· religions to buildings, but rather see the du~rs like the USA opposed mandatory s.'cred in all life." Exploitation and Other Pr<judicial Actions, which recognized individual and <:ollec· contributions to the fund. and il has Cultural Property ti"e folklore tr.1ditions. Though ne"er turned out to be totally inadequate. ratified. these provisions-backed up by In re~m )'ears, Indigenous peoples Etwironmental law: life after the have been incre-asingly successful in criminal pena1L1cs-proposcd prote(tion Earth Summit reclaiming the tangible aspects or their of folklore. including material which has not been written down. ·rheir secon.d The Rio Decl<lralion which emergtd cultures. or •cultural property." from important contribmion was to provide from the Earth Summit highl.ighted the museums aod institutions. This tenn for copyright protection or folkloric per- central importance Indigenous peoples has yet to be clearly defined, but has formances. have in attaining suStainable develoP" come to refer tO C\'erything from objects Within W IPO's jurisdiction, the ment. The Summits legally binding of an to archaeological anifacts, trndi· Union ror the ProtecLion of new V.1rieties "Convention on Biological Diversity"' donal music and dance:. and sacred sites. of Plants provides protect ion to breeders (CBD) does not explicitly recognize IPR The concept of ·cultural heritage· has of new plant varieties that are "'clearly for Indigenous peoples. but its language aJ)I>earcd as a related "legal instn.nnem .. distinguishable," suficiemly homoge- can easily be interpreted to call for such to link knowledge and information to neous.'" and "'stable in essential charac· protection. Following effective lobbying the cultural anifact, and has been used lCriSlicS.,. by Indigenous organizations. signatories successfully as a legal tool in Australia. The critical factor here is to link folk- to the Convention have pledged to: lore and plant genetic resources with respect. presen1e and maintain knowl ~ Customary Law and Traditional intellectual property. his this complicat- edge, innovations. and practices of Practice During inrormal hearings ror the ed legal linkage that allows for expan- Indigenous and local communities sion of the concept of IPR to include tra- embodying traditional lifestyles relevant 1992 Earth Summit in Rio de Janeiro. ditional knowledge. not only about for the conservalion and sustainable use Indigenous representatives pointed out species use.. but also about species man· of biological diversity, and to promote several basic problems with the conagcmcnt. Thus. ecosystems that Me their wider applic:uion with the ceptS of intelleCtual and euhural propermolded or modified by a human pres- approval and involvement of the holders ty: I) The di,osions between cuhural, ence are a product of Indigenous intel- of such knowledge. innovations and intellectual. and ph)rsical propeny are lectual property as well, and. conse- practices as well as to encourage the. not as distinct and mutually exclusive quently, are products themselves-or equitable sharing of the benefits arising for Indigenous peoples as in the Westem offer products-that are protectable. from the use of such knowledge. inno- legal system. 2) Knowledge generally is Furthermore. "'wild .....semi-domesticat· vations and practices. Agenda 21. which communally held. and. a.lthough some ed" (or "semi-wild"). and domesticated accompanies the Convention. specifical- specialized knowledge may be held by plant and animal species are products of ly includes Indigenous peoples and tra- cenain ritual or society specialists (such human activity and should also be pro- ditional knowledge in its "priorities for as shamans). this does not give the SJ>e· action"' toward sustainable develop ~ dalists the right to privatize communal tectable. heritage. 3) Even if legal IPR regimes ment. Fannc·rs· Rights and the FAO were put in place. most Indigenous The UN Food and Agriculture Religious Freedom comnmnities ,.,,ould not have: the finan· In a seminar on IPR at the United cial means to implemem. enforce. or litOrganization (FAO) has worked to find ways for developing countries and Nations Human Rights Con\'entiOI'l i1'l igate them. It was clear that under some ..Third \\'orld rarmers'" to get a share in Vienna, June. 1993. Ray Apoaka of the drrnmstances commercialization or . the huge global seed market. The ques· Nonh American Indian Congress sug- knowledge and plam genetic resoun.-es continued on pg. 37 broo1d agreements on the terms .;indus· trial property' and · copyright." Ho\vevcr. wilhin the \Vli>O framework Indigenous IPR. as cotleclive propeny. would be considered folklore and not protcctable. In 1984. however, UNESCO and WI f>O developed Model Previsions fer Natiorwl Laws on the Proccction of Exi>rcssions cf Foll1lcr< Against Illicit 12 IV>-(a Yala News �CONT I N U ED Biodiversity, Community Integrity and the Second Colonialist Wave Guatemala Peace Talks < Continued from pg.12) <Continued from pg.26) mighr be desirable. bm rhe prime desire f<>r Indigenous peoples was an IPR regime that suppons their righl to s.1y '"NOM to privatization and commercial· iu uion. Indigenous delcgares mcering in Rio de Janeiro released rhe Kari·O.:a Dttlamrion and ln<lig<nous Peoples' Earrh Charter. Clause 95 Slates d>at "Indigenous wisdom musr be reoognized and cnoour· aged." but warns in Clause 99 thar "Usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples." Clause I 02 of rhe Kari·<Xa to discuss rhc evolving IPR debate. During the 1993 UN Year for the Worlds Indigenous Peoples. intellectual and cultural property righiS were on the agenda of ne.1rly every major Indigenous encounter. One of the most lacking areas of IPR research is that or non·western IPR regimes. Up to now. the debate has centered around UN and \Vestem concepts of intellectual and genetic property. But whar abom the property rxgimcs of Indigenous peoples themselves? A syn· thesis and :\nalysis of non-Western S)'$tems would be very helpful in finding cre:uive solutions to IPR protection. Declaration is e.xplicit about indigenous peoples' concern on IPR issues: As creators & carriers of civllizar!ons Conclusion \\·hich have given & conlirwc ro sJwrt It is fundamental that IPR/TRR lmowltdgc, experience & values with should nor be used simp!)• 10 reduce tra· humanity, we n::quht that our rig'u to intc:l· ditional knowledge into Western legal · kcttwl & cultural t>roperties be guarameed and conccprual frameworks: Indigenous & that the mechanism for racl1 implemrn· legal systems and conccprs of property ration l>t in favor of our p<oplrs & srudied righiS should guide the debate. The role in depth & imt'ltmcnU<L This respect must of scicmists, scholars and law)'ers lndude the right over gttiClit raourtt."S, should be to provide informarion and gtlle banks. biorechrwlogy & knowledge of ideas; it will be Indigenous and rradibiodivCI">ily programs. rional peoples rhemsclves who will. in Since the Earth Summir. dozens of man>' different ways. define Tradhionll conferences, seminars and workshops Resource Righrs rhrough practice and ha,·e been held by Indigenous peoples experimentation. VOi:SNo. 4 ator to work with both panies. On January 4. 1995. Siglo Veinliuno reponed that President Ramiro de Leon plans to sign a peace agreement on Februar>' 24. The more direct intervention of rhe UN Secretar)' General appe~rs to be producing results. but it remains to be seen. It is interesting to note that neither Lhe Government nor the URNG has clearl>' presented its respective posilion to the Maya community or to the Guatemalan populace. Each of the tWO seem to have used the Maya comnnmily as a pretext to drag out the process toward a peace that didn'l sui! either one. In times of peace. you cannot justif)' the e.xistence of a repressive military. nor of a radical guerrilla movcmenl. That is why we must contin\IC to rcasscn the final words of Se<:rctary General Ghali : "The participants in the Guatemalan pe-ace process must. renew their commiuncut to a dynamic negota· tion that provides clear direcuon towards a quick and just resolution lO the conflict." Along wirh Mr. Ghali. the Maya. the principal-and numerous-vic· tims of this conflict, request ..a jltSt resolution" for themselves, for their children and for Guatemala. 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Darrell A. Posey Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework Item Type Journal Article Author Darrell A. Posey Volume 8 Issue 4 Pages 9-12, 37 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date 1994 Language English Abstract Note Safeguarding traditional knowledge and biogenetic materials has become a major issue among indigenous peoples. The article explores what is at stake for indigenous communities as well as possible frameworks for protecting resources and knowledge. Attachment Title Safe_guarding_indigenous_knowledge.pdf Attachment URL [No URL] Bioprospecting Intellectual Property Rights Traditional Resource Rights https://www.abyayalanews.org/files/original/0cbf9c0e9e62055028489b82ced8e624.pdf 2f994b26b83ffa990d5154782a93a883 PDF Text Text PERSPECTIVES ON B IODIVERSITY AND INTELLECTUAL PROPERTY The Human Genome Diversity Project: Implications for Indigenous Peoples We reported on the Human Genome Diversity Project in Abya Yala 's Dec. 1994 issue. Indigenous opposition to the project has been growing since that time. and the project has yet to respond ade· quately to fundamental ethical problems such as those raised in this article. By Debra Harry he HUinan Genome Diversity Project (HGD Project) proposes to collect blood and 1issue so1m · pies from hundreds of different Indigenous groups worldwide for T gcnc1ic swdy. On the assumption 1hat these groups are headed for extinction, sc-ientists :ue rushing to gather DNA somples before they disoppe•r. Then, Issues of Concern HGO Project sciemists claim to be searching ror answers to questions about human evolution. However, Indigenous peoples already possess strong beliefs and knowledge regarding their creation and hiStories: funhemlore. this is not a ptiotity concern for Indigenous people. The HGD Projects assumptions that the they say. ;u least the human genetic diversity will be prcser:vcd in gene banks as "'immortalized cell lines." BUl why the tremendous interest in sa\ring the genes of Indigenous people •nd not the people themselves? Who rc311y populations will be "discovered" and sdemilkally •answered" is insuhing to groups who already ha\'Cstrong cuhural beliefs regording their origins. What will be the ilnpact or a scientific theory stands to benefit from this endeavor? of evolution and migration that is ami· What •rc the dangers and long-term implications of biotechnology and genetic engineering? These are ques· tions Indigenous people must ask them· selves tn order w protect their interests in lite face or such a mysterious and well-funded cffon. thetical to an ln<ligenous groups com· mon beliefs? Will these new theories be used to challenge aboriginal territorial cl•ims, or rights to l•nd? Debra Harry is a Paitde Indian from Ntmda, USA. Sl1e is n:scarchirtg ISS!(f.S rdatrd lo IPR •nd the HGD Proj<Cl. Vol.8 No. 4 origins and/or migrations of Indigenous Medical Benefits? The often repeated claim that med· ical applications will be developed to tre•t diseases sulfered by Indigenous peoples is a complete misrepresemation of the Project. •nd scn•es to coerce the participation of subj~ts based on the false hope for medical n>ir:~cles. The Project's mandate is simply to collect. database. and maintain genetic samples Md dma, not to develop medic•! appli· C.3tions. The HGD Project will make the genelic samples available to "the pub· lie ... However, it is not clear who will have access to the data and actual genetic samples. It appears that the HGD Project will maintain an open· access policy. This me<~ns th3t once genetic ma1erials are stored in gene banks. they will be available in perpe· tuity. with minimal control. to anyone requesting access. Scientists need only demonstr:\te the validity of thei r scien· tific research in order to gain access to the samples. Medical applications are in fact likely 10 result from the eventual research. manipulation. and commercialization or the genetic materials. But they will mosl likely come in the form of pharmaceuticals or expensive genetic therapy techniques. Possible benefits ";II go only to those who can 13 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAl PROPERTY afford the high costs of such treat · ments. The proposition that medical bene· fits will result from genetic &'tmpling is further suspect since no aspect of the project will take imo account the role that existing and historical socio-eco· nomic or environmental conditions play in the health of lndigcnoll5 com· munitics. lf an Indigenous popuhuion were interested in researching a genetic ques· tion spec,ific to their group. they would not need the HGD Project to do so. Genetic research te<:hnology and cxper· Since 1980: .. there has been a disturbing trend in US patent law that extends patent protec· tion to life forms. tise is widely available. The enticement of potential medical benefits is an empty promise which will be used to gain access to communities for the collection of samples. Commercialization. Ownership and Intellectual Property Rights The HGD Project l'l!iscs inevitable questions regarding both ownership of the genetic samples themselves and who stands to profit from the commcrcializa.. tion of products derived from the sam~ pies. The Proje<:t puts Indigenous peoples' most fundamental property-their own genes-in the hands of anyone who wants to experiment with them. In dotng so. the Project opens the door to widespread commcrci31ization and potential misuse of the samples and data. The Project will enable "bioprospectors" to stake legal claims on the natural genetic resource base of Indigenous pe:o· 14 pies. Some of those claims will strike it rich, in the fom> of profitable patents. As in the case of future medical applications. the d irect benefits from the HGD gene banks will go to those who can arTord 10 invest in research , manipulation and commercialization of the genetic data. Patent law will be the primary vehicle which enables scientists to secure exclusive rights to the genetic samples. Patent laws gl'llnt a limited propcrt)' right to the patent holder and exclude others from using the patented item for a specific period of time. usually for n 17 -yeaq>eriod. Patenting Human Genes Since 1980. when the US Supreme Coun ruled that the creation of an oil· t..1.ting microbe ls patemable. there has been a disturbing trend in US patent law that extends patent protection to life forms. Since then, the US Patent and Trademork Office ( PTO) has granted patents for newly created micro-organ .. isms, living animals. and for human tiS· sues and genes, b reaking the longstanding policy thm animate life forms were not patentable. The National Institutes of Health. and others. ha,,e secured patent rights for fl'llgmcnted gene sequences. many with unknown function and physical significance. This lrend has enabled research inslitutions and corporations to secure patents for almost 5% of the entire human genome, and has spurred a ntsh for o'vnership of the remaining 95% of the human genome. Does anyone have the right to own a life form or to commodify parts of the human body> While many debate the ethical and mol'lll implia.tions or patenting life fonns, in 1993 US Secretary of Commerce Ron Bro"" filed a patent claim on the cell line of a 26-year-<>ld Guayami woman from Panarna. Her ceH line was of interest because some Guaya.mi people carry a unique \~rus, and their antibodies may prove useful in AIDS and leukemia research. Fortunately, intetnational protest and action by the Guaymi General Congress and others led to the withdrawal of the patent claim by the US Secretary of Commerce in November 1993. Patent claims have also been filed by the Secretary of Commerce for the cell lines of Indigenous people from the Solomon Islands. The Solomon Islands Government has demanded withdrawal of the patent applications and repatriation of the genetic samples. citing ar1 invasiort of sovereignty, lack of informed consent. and moral grounds as the reasons for protest. In early March. Secretary Ron Bro\llfl rejected these requests. stating that .. there is no provision for considel'lltions related to the source of the cells that ma)' be the subject of a patent application." In other words, according to existing patent lav..•, the source of a genetic sam· pie is irrelevant. Indigenous people must be aware that it may be extremely difficult or impossible to recover or reparriate sam· pies of our blood, tissues. or body pans, once lhty arc remo·ved from our bodies and stored elsewhere. In 1984 john Moore filed a lawsuit claiming that his blood cells were misappropriated while he was undergoing trearmem for leuken'tia at the University of Califomia. los Angeles Medical Center. During his trealmem. Moore~ doctor developed a cell line which proved '"'luable in fighting bacteria and cancer. The UCLA Board of Regents r.led a patent claim on this cell line from which they developed commercially valuable antibacterial and cancer-fighting ph3rmaceuticals. Moore claimed that he ' v:IS emltled to share in pror.ts derived from commercial uses of Abya Ya.a News l �PERSPECTIVES ON B IODI VERSITY AND I NTELLECTUAL PROPERTY these cells ~nd any other products resulting from reseateh on any of his biological materials. In a significant l990 California Supreme Coun deci· sion. the court established that '"donors· do not have an IPR property right in the tissues removed from their body (6). genes. Sample Collection seems like sc.ience fiction to many peo- The HGD Project will seek the conscm of the individuals and populations to be sampled. Questions of what con- ple. it is a reality. Through genetic engineering, scientists are capable of reprogramming the genetic codes of living stiuncs '"infomled consem" ~md how it will be secured remain to be answered. The HGD Project has secured a gram things to meet societtd or economic goals. Transgenic experiments can rni.x pJam genome with that of animals. and human genome with that of plams or animals. The ethical and legal questions prillls· cf living organisms. C- rle technofo· c gy ma,~cs it possible tc isofatt, s-plfct. insert, rearrar1ge, r-ecombiru: aJUI mass-r·ep!Q{II~Cc placemal tissues as sources for genetic samples? How will the project be explained in the local language? Will the full scope of the project and the short· Vol. 8 No.4 about the full scope or this project and the potcmial dangers of genedc manipulation before they decide whether to participate. It is impermive that our communities become fully aware of the Projects implications and begin documenting proposed or current sample According to existing patent law. the source of a genetic sample is irrelevant. collecting. 'Vlc need to form an interna.. Nonetheless, this area remains vinually tiona! Indigenous research group to unregulated. determine the e.xtent of existing interna· tional protec,tions for human materials. While the HGD Project itself does not plan to do genetic engineering. no safeguards exist t.o prevent others from doing so with the HGD genetic s.1mples. Genetic manipulation mises serious ethical and moral concems for Indigenous peoples. for whom any vi<r lation or the natural order of life is abhorrently wrong. Scientists are genet· ically manipulating existing life fonns. altering dte course of natural evolution, and creating new life forms. Genes are living organisms which reproduce. migmte and mutate. The full implications or genetically altered life forms released imo the envirol'tmem cannot possibly be anticipated. tlal uses or the samples be fully dis- Recommendations Indigenous organizations need to closed? \\r,ll donors be fully informed of the potential for pro£hs that may be alert all Indigenous peoples to the work made from their genetic samples? of the Human Genome Organiz.atfon (the body governing the HGDP) in order \Vith ger~t: lic engineer-ing ca.lmology today. it is P"Ssiblc to manlpulatt the 'bh•e· genetic materials that raised by genetic engineering technolo- gy are nurncrous and unanswered. a.nd long·term implications and poten· Other Potential for Misuse Ml)' community education ax'ld discussiOt\ -Andrew Kimbrell, The Human 8ody Shop. 1994. Though genetic engineering still from the J.D. ~nd C .T. MacArthur Foundation (despite the expressed opposition of Native leaders) in order to develop a model protocol for the collection of genetic samples from lndigenous groups. The concept of "informed consem· rniscs m3ny unanswered questions in the minds of Indigenous peoples, such as: Who is authorized to give consent? Should consent be required only by the individual being sampled, or also include the governing body of that par· ticular tndigenous nation? C.."\n consent be granted by government o!ftcials or the nation-state in which Lhe Indigenous nation is located? How will permission be obtained for collection o£ samples from the deod, or for use or fetal and reclaiming have already been taken. Indigenous people must engage in and to develop additional policies which insure the protection of our imellecLUal. cultural and biological propeny rights. Indigenous people must call for a world-wide mor3torium on the collec· tion, datab:~sing. transformation. and commercialization of cell lines and genetic materials of Indigenous peoples umil international standards and regulation are put into place which fully pro· teet the environment and the interests of Indigenous peoples. For Mort lnf()rmation Omrace Debra Harry, P. 0 . Box 72, Nixon, Nt:\'ada 89~24. 002) 574·0309 tmail: /)(bra_Narl)•@Togc:ther.org or dharry@igCAJX:.OI); jcanncut Atmstrc>ng. En'ow- in Ctnue, 257 k 8fi.UI.SWici.: Sttetl. Pt:nlteton. BC V2A l n materials by this project, or by free-lance (604) 493-7181 RAFl·Canada. (Rural Ad\'at~Ccmtm Fowtdation tncemalfonal), Suite 504-7 J Bank Sl'""· Oua..·a. Onwrio KIP 5N2. (613) 567· scientists. and to assist groups in 6880 lO pre,·ent the taking of their genetic 15 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Human Genome Diversity Project: Implications for Indigenous Peoples Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Debra Harry Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title The Human Genome Diversity Project: Implications for Indigenous Peoples Item Type Journal Article Author Debra Harry Volume 8 Issue 4 Pages 13-15 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date 1994 Language English Abstract Note The Human Genome Diversity Project seeks to collect genetic information from indigenous peoples across the globe. Indigenous communities should be hesitant to comply, given the potential for misuse and exploitation. Attachment Title The_human_genome_diversity_project.pdf Attachment URL [No URL] Genetics Human Genome Diversity Project Intellectual Property Rights Patent Law https://www.abyayalanews.org/files/original/51a82a542690290c878a3f63a065f5b8.pdf b870b853d55bd4bbe8eb3432f63ace7f PDF Text Text S EL f D ETERMINATI ON AN D TE RR I TORY Guatemala Peace Talks: composed of four M3)':1 Ot'!?nwuons: The t\c3dtmy of M~)'l\ LangU38"S of Guatemala. The Cound l of Moya Are Maya Rights Negotiable? Org,>ntzaltons of Guotemola. The Permanent Moya ~mbly. and The The tortuous dialogue between the Guatemalan Government's Office of Maya Unity ~nd Consonsus. Commission on Peace (COPAZJ and the National Guatemalan The document was first discussed and Revolutionary Union CURNGJ has been marked by exclusion of the approved by members of COPMt\GUt\, Maya community. a standstill on the subject of identity and and then edited ~nd approved by the Indigenous rights. sinking credibility of the parties involved, and eleven groups of the t\ SC. Fmally, the most recently, an ultimatum From the United Nations. document was prescmed to the repre· scntauvcs of the COI't\Z and the URNG by Estuardo Zapeta who lgt'\Oted it . A dny before the concluston of 1994 , the year tn whtc.h the Guotemalan go•·emmem had c.ommnttd luelf to stg~ung o p<ace agrttment. Gu.tcmol;ts n3llOrW d3ily pap<r Stglo Vttnrluno earned the front P"8" hc3dllnt, ' UN issutS on uhimotum to the Government and URNG" (Fnday. December 30. 1994). And an ultima· tum wns prcdScly whot the stalled p<ace proctsS seemed to need. The problems that provoked the Guatemalan civil wor-widespread illit· cracy. extreme poverty, m~l nu lri tion, Infant mortality, unequal access to fertile soli-remain unchanged :oftcr 34 years of conRict th>l hns ktllcd more people. destroy.:d more communities, dispbced mon: Guatemabns. and produced more widows :md orphans than the very proble~ th.tt $13rted tl. Conserv:ui,·e cstlmotes count over 100.000 dead, 35.000 disapp<ar<d. 22,000 widows, •nd 150,000 displaced people and refugees: the number of orphans h3s nc,-er been counted. Those most affect· cd by the SOC1altlls of a country characterized by lnjusucc and colonialism ore the s:~me ones who have suffered 95% of the ,;ctlms caused by the civil war: the Moya. Thllt Is why the open exclusion of any Mar:m represcnuui\'es in the discusSion of •tdcnmy ond rights of the Moyan commumty• has TC$Uhtd in criticism of fsluardo Z..ptta IS Maya-Caqchilju<l ar.d ""tit$ "''h lite untro dt fslwlro< dt 141 Culluta Ma)'a (CECMA) <{ Gtl<ltar.ala. the peace process ttsclf. The two groups pamcipaung 111 the d~nlogue. the gov· ernment and the URNG. 3re lyptcally lodmo (of European or miXed descent). urb:ln. and above all, exdus•onary. Gu.tcmab. on the other hand, IS pri· maflly ruml, muhtcuhur.tl and the m>JOnty (65") Is Mny>. Consequently. the "dtologue for p<ace· ts seen as • '"monologue· bctwc:c:n 1wo nnnorities who bas1cnlly m:tmuun the S.."\me coloni~l discou~. The negotl:nlon of Identity and Indigenous rights, on which the parties remam st.tllcd. Is being C'311ed Into question. Is May• ldemlty an element of the negouatlons? Are Maya nghts negotioble? Ycs. nppamntly so. smce this Item appears on the agenda, n appeors that the Government and the URNG behe'" th31 they are. Paradoxically, when the Moy> communi!)' petitioned 10 mclude their n:prcscnunlvcs in the "d••logue: the Go'..:mmcnt and the URNG I'Cspondcd wuh a resounding NO. h apJ>e.1rs thnt In Guatemala. after 500 yc.1rs, htstory repeats itself: two minorities nrc rnoklng decisions for the May> 1113JOrlty. The paper on Identity and lndigneous rights produced by the A.<scmbly of Ctvlc Groups (;\SC) and presented as • :<Ohd propos.1l in opposi· uon to the pantes involved In the "dia· Iogue• •Y:~S •gnorcd The ASC is an associatton of cle•-cn <Me groups. One of thes«: the M~ya coaliuon. Coordmoung O'l)>n•z.•uon of the Mayan lS Communuy (COPMAGUA). whkh is t\nother nern o( ncgon~uon m which the panics cannot 3grte as the mnf'ica· uon of the Covenant 169 of the lntemauonal Labor 0t'!?mzalton. ·on lndtgenous Communnte.s and Tnbal Groups mlndependent Coumnes.· The Guatemalan govemmem argues that Co\'tn3nt 169 tS unconstltuuonol; the URNG. for ns pan, ne•·er came out In fa,·or of ratifying the Co•·enam umil l~te in 1994. when the Co,·cnant was included as an item in the peace negoti· allons. Due to both p.1rtlcs' falling cred· ibility, the URNG~ support for Covenant 169 seemed u poorly timed polttlcal str.negy. All of thiS provoked n lcuer of ulti· matum from the Secretary General of the Unitrd Notions. 8outros 8outros Ghali, add~d 10 the Prestdent of Guatemab. dated Dcccmber 21. 1994. =ting the followmg. · t •m concerntd at the lack of progress m the p<acc ncgotialtol\S dunng the second p.1rt of 1994. As you know, the lat<'Sl round of discus· sions that beg.1n on October 20 has not resulted tn the hoped for agreement on 'Rights nnd Identity of the Indigenous Community.' This Is another delay after the suspension of discussion for four months due to the position adopted by the URNG between July and October" (Fret PrtSS. Dcctmber 30. 1994, p.2). Bectuse of the rejection of the ASC docu.mm. ond due to the fact that nc1· ther party could produce an ohcmativt proposal. the United Nations tnltiWntd by pre..,nung a draft proposol on Indigenous RightS ond nammg a moder· continued on pg. 37 26 Abya Yala News �CONT I N U ED Biodiversity, Community Integrity and the Second Colonialist Wave Guatemala Peace Talks < Continued from pg.12) <Continued from pg.26) mighr be desirable. bm rhe prime desire f<>r Indigenous peoples was an IPR regime that suppons their righl to s.1y '"NOM to privatization and commercial· iu uion. Indigenous delcgares mcering in Rio de Janeiro released rhe Kari·O.:a Dttlamrion and ln<lig<nous Peoples' Earrh Charter. Clause 95 Slates d>at "Indigenous wisdom musr be reoognized and cnoour· aged." but warns in Clause 99 thar "Usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples." Clause I 02 of rhe Kari·<Xa to discuss rhc evolving IPR debate. During the 1993 UN Year for the Worlds Indigenous Peoples. intellectual and cultural property righiS were on the agenda of ne.1rly every major Indigenous encounter. One of the most lacking areas of IPR research is that or non·western IPR regimes. Up to now. the debate has centered around UN and \Vestem concepts of intellectual and genetic property. But whar abom the property rxgimcs of Indigenous peoples themselves? A syn· thesis and :\nalysis of non-Western S)'$tems would be very helpful in finding cre:uive solutions to IPR protection. Declaration is e.xplicit about indigenous peoples' concern on IPR issues: As creators & carriers of civllizar!ons Conclusion \\·hich have given & conlirwc ro sJwrt It is fundamental that IPR/TRR lmowltdgc, experience & values with should nor be used simp!)• 10 reduce tra· humanity, we n::quht that our rig'u to intc:l· ditional knowledge into Western legal · kcttwl & cultural t>roperties be guarameed and conccprual frameworks: Indigenous & that the mechanism for racl1 implemrn· legal systems and conccprs of property ration l>t in favor of our p<oplrs & srudied righiS should guide the debate. The role in depth & imt'ltmcnU<L This respect must of scicmists, scholars and law)'ers lndude the right over gttiClit raourtt."S, should be to provide informarion and gtlle banks. biorechrwlogy & knowledge of ideas; it will be Indigenous and rradibiodivCI">ily programs. rional peoples rhemsclves who will. in Since the Earth Summir. dozens of man>' different ways. define Tradhionll conferences, seminars and workshops Resource Righrs rhrough practice and ha,·e been held by Indigenous peoples experimentation. VOi:SNo. 4 ator to work with both panies. On January 4. 1995. Siglo Veinliuno reponed that President Ramiro de Leon plans to sign a peace agreement on Februar>' 24. The more direct intervention of rhe UN Secretar)' General appe~rs to be producing results. but it remains to be seen. It is interesting to note that neither Lhe Government nor the URNG has clearl>' presented its respective posilion to the Maya community or to the Guatemalan populace. Each of the tWO seem to have used the Maya comnnmily as a pretext to drag out the process toward a peace that didn'l sui! either one. In times of peace. you cannot justif)' the e.xistence of a repressive military. nor of a radical guerrilla movcmenl. That is why we must contin\IC to rcasscn the final words of Se<:rctary General Ghali : "The participants in the Guatemalan pe-ace process must. renew their commiuncut to a dynamic negota· tion that provides clear direcuon towards a quick and just resolution lO the conflict." Along wirh Mr. Ghali. the Maya. the principal-and numerous-vic· tims of this conflict, request ..a jltSt resolution" for themselves, for their children and for Guatemala. 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Guatemala Peace Talks: Are Maya Rights Negotiable? Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Estuardo Zapeta Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Guatemala Peace Talks: Are Maya Rights Negotiable? Item Type Journal Article Author Estuardo Zapeta Volume 8 Issue 4 Pages 26 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Dialogue between the Guatemalan Government's Commission on Peace and the National Guatemalan Revolutionary Union has lacked input from representatives from the Mayan community. Disappointed with the lack of progress in the negotiations, the UN issued an ultimatum to both parties. Attachment Title Guatemala_peace_talks.pdf Attachment URL [No URL] Guatemala Guatemalan Government's Commission on Peace (COPAZ) Maya National Guatemalan Revolutionary Union (URNG) United Nations https://www.abyayalanews.org/files/original/7017645c55efae6be075884bbca2f346.pdf b390c9d9a6822f3653880f1ba7cd9849 PDF Text Text ENVIRONMENT AND DE VELOP MENT International Opposition To Parana-Paraguay Hidrovia Mounts :as endangered by tht Hidi'O\'\a P'PJ«l Indigenous people from Brszi/, Parogvay. and BoiM8 joined envfronmenUJ/ grovps and sccJal orgonltotlons from eight countries in questioning p!Dns for lltllndusltiBI wst01W9Y on the Poroguoy ond Parona Rivers which. acccrdlng to technlcQ/ experts. could droin the we<ld's ltlrpest wetland expanse. tile Pantano/ of Mato Grosso. Brazil. The meeting, ~lied "Hidi<JVf8 Paf8na.Parag~ lrnpliCts ond Alternatives · was held ot tile Lotln American Parliament in Soo Paulo, from December 8-10. lives within the hm1lS of the PanlllllOI Three lnchgenous dclcg.uo were ch~ sen to panlclpate tn the coordin,uing body which will ad1•Jne< propos.1l~ for a brood campaign to r:usc aw:H"tness and development acaion plans regarding the ParnnaParaguoy liidroVla. According 10 p.utleipants at the Hidrovia semtn.'lr, "EnvunnmtntaJ lmp:act Studies mUSt include the p.1niclpatlon of •U scaorso[sodet~.. (thc lbnksl mu.st consult with lite pubbc tn a way wluch ts open and truly portJClpatory· The lmcr-aonmcan o.-..,lopment lbnk and Unttl'<l N:ouons De-~lopmtnt Progrrunme •rc coordmatlng economoc >nd cnglnecnng feosibtlity S~ud­ IOS. and an en\1ronm<nU11 impact ~ rmnt (ElA) for tht Htdrovia project. Conferene< delegates olso pointed out that the. Paragun)~n go\'ernnlcnt h:;a.s already indicated u ,..;u request bids from engineering companies tO explode rock outcroppings nt the b.uc of the Pantanal, which could lu1't irrtverslblc environ· mtnl3.1 impacts. NGO delegates at the S.1o Paulo n~«ting warned "If \\'Ork btgtns on pons of the projeCt b<fo"' the Environmtnttllmpnct Assessment is compkted ... dte E1A "'" hal-. no ,·,tlue. • by Glenn Switkes 0 rg.1nl:otions gathered in Sao Poolo womcd that construcnon or tht Hfdmia could climm>te lite P:mt2113l~ oblhty to hold "''"" dunng tht r:uny season. ause dls:Nrous llooding downslrc:~m, >nd threaten tht sun"-.! of n.1u'"' ~pits ond 01htr commun.ti<:s hvmg along the "'"'r ond itS tribumries. lndtgcnous ~pies nrt also concerned tht projeCt would hann populnuons or ftSh. birds. and wildlife, on which natl\·e commtmiues depend for $lll'Vh'tll. They also for.set incrtascd lond conflictS resulting from speculmory land buying. nnd a flow or mlgmms to tht arto in sc:m:h of jobs. Supponers of tht project claim that opentng tht upper ~hes of lite Pnmguay Rtver to ~-goong ,-es.sefs an sm-.. as tht "backbone' of South Amtnan «»nomic tntcgrauon ,._,than the new Southern Cone Common M>rk<t. Mtrrosur Some lu'"' gone so bras to P"'· doct • series of watetw>)'S that will hnk the Parnguay wtth the J\m.1ZOn and Onnoco. lndtgcnO\tS ~pie lllkang pan in the meeting sounded n warning based upon thetr cxp<:ritnces w1th other lnrgc-scak development projects. Vitor J\urnp<: Bakairi cited in>JXICts from Polonorocste. o World Bank road building projea. which he s.1ld "'tort ap;1n our communilies. People lOSt thtlr lond and mO\'td to the periphery of the citl<s. Many or our womt:n b«an~ prostktutt"S. \Ve don\ want tlut to h>ppen •sa•n." G!atn S"'tllu> coordtMlts d>t lotlllUIIi<lo!al Rmrs Nco.'llrk) HidMld C<tmp<ltgn. Vol8No.4 Bias Fedcnco Garctol, of the ~era! Coonhnmng Body or the l'llcom.1)'0 Basin of Pnr:lgu>)' S>ld th>t tht COUts< of tht Pilcomayo Rl\"tr \\';IS :s.hem:l m a nunntr smubr lO th>l pl.'nncd for tht l'>rogua): ·we don\ rt:member onymorc how II "':IS before. when the Pllcomoyo was the source of our hfe. !Wn doesro' come anymort. It's Impossible to cuhwate food. We had an cnonnOU$ L1ke, Lag11na Escabnte Cuellar, where <here was nlways rtSh: According tO Federico Gan:~1. the river project dosed ofT the river's tributaries. drying up the lake. Valtntin Mutlxt Guajt. the Sccrttary for Economy and Development of the Ccntr:J.I of Indigenous Ptoples of the Bolivian Orient< (0008), exp,.,...d tht r\011\'e poop!ts' dctenn•natoo to be tnvoh'td •n the discussion >nd dc~c J't&'rdmg the PfOJ«l- '\Vho ore we? A"'"" bke buk .,,. mals 1111htn the lores~l MOSt o( our peoplt lil'e along tht m-.rs. We thought de\-.lopmcnt was pnnletpatOry. equ.'l But. we see it is not. This development wtll sef\'e tht needs of how n"'nyl" Mann Guarnnl, of the K.1guateca Association, and Mn~~Cos Tcrtna, of the Allliancc of Indigenous Peoples of the Southern Cone, dtclartd their intention to disseminate infonn:uion on potential impncts of the 11idt'O\'tllto oatil'< communittes. Other rtp~ntftlwcs included Terena, Guamm, Bororo, Knlngang. and Partci people from Mlllo Grosso and M:no Grosso do Sui, Bnzd, as wdl :as Atlton Krcnak from the lndogenous Research Ccntu Adduion31 popuJ.utons identirl«< ''Y"""'· Ch.1m.1COCO, Tobo· mclude tht Maskoy, Angatte, P>t Tall)ten. and lite Guato, s popubuon ne~r extinction whiCh For marc tr.formaiJMC tr.t<ntcllt<ltlal RMt> Naworl<, 18'17 Bcrkdey ll'cly.ll<rkdey 01 9i 703. J\ n:port 'Consldcring tht HtdrO\fa" is availabl< forS 12 lnd;genouslea<ler Mana VitO< Guarani (right) adres.ses the meeting on Hidtovia 29 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource International Opposition To Parana-Paraguay Hidrovia Mounts Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Glenn Switkes Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title International Opposition To Parana-Paraguay Hidrovia Mounts Item Type Journal Article Author Glenn Switkes Volume 8 Issue 4 Pages 29 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Indigenous groups from Brazil, Paraguay, and Bolivia and environmental organizations gathered in Sao Paulo to discuss the potential environmental ramifications of the proposed industrial waterway on the Paraguay and Parana Rivers. Attachment Title International_opposition_to_parana_paraguay_hidrovia_mounts.pdf Attachment URL [No URL] Conservation Hidrovia waterway Paraguay River Parana River https://www.abyayalanews.org/files/original/1effd5dca26553ed0191a3539be6eb92.pdf 58108704d3aa42c0c35ad4f0eedeb5f5 PDF Text Text PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY Guidelines for Biodiversity Collections: A Look at the Issues by M elissa Nelson here is no place where the clash between the exploitation of, and balance with, the naturnl world is more pronounced than in the struggles of the world's Indigenous peoples. As the colonial power elite tighten their grip on the remaining "natural resources ... they arc discovering that it is Indigenous people who hold the secretS to the many uses and benefits of plant and animal communities. An age·old T war is ensuing between two world views and ways of lh•ing: one that believes humans are the pinnacle of evolution and chat our ultimate purpose is l O con· trol and enslave nature: the other that Lhc human mind will never completely comprehend, much less control. the do is sensitively observe EarthS naturnl C)•cles and work to harmonize \Vhh them. It is surprising to many people thot this war of world views is not onl)• seen in the obvious pl"ces of educational philosophies. economic theories, and religious and political syswns, but in the seemingly benign realm of ecological conscl"\~ation. After aH 1 3S Australian biologiSl Roger Kitching has said, ·conservation is jusl as much a use as are agriculture, forestry, and urban de,·elop· n'ICnt." Highly diverse :Hcas arc m demand by u·a.nsnational corporntions who seek to control the world~ remr~in· ing resources. by conservation groups forces of nature and that the best we can who intend to protect their ecological significance. and by researchers who wish to study these areas. 'Who decides MeltSsa Nd.so11 is pan Ojibwc arul works as which areas are designated for constrva· c.xccutivc director of Ccnsuvancy in California. tion? How are these mauei'S decided? When are the local Indigenous people Vol. 8 No. 4 The Culwral involved? When do they initiate such efforts? Arc they in control of their ternwrie-s. or are conservation organizations in control? 1'hese are some or the ques· Lions raised br conOicts surrounding l~nd use in Indigenous territories. Reigning in the Bioprospectors? \Vhen capitalism and conservation nlCCl. omsider·tapitalis.ts unfortunately enjoy n>any advantages. as well as opportunitit.!S to reapply paternalistic auitudes that .. modern \Veste.mers" know best how to manage kmds. Consequently. an increasing number or concerned people (both native and nonnative) arc discussing and proposing ways to protect Indigenous peoples' knowledge and biological resources from exploitation br the various comp.:1· nics. governments. and academic. devcl· opment and research institmions seek· 19 �PERSPECTIVES ON B IODIVERSITY AND INTELLECTUAL PROPERTY ing access to biodiversity infonnation and native knowledge. Organi.zations and individuals have met, u.n der diverse sponsors, including the Third World Network, Zuni Conservation Project, Pew Scholars Program, World Wide Fund for Nature, and Nati"e Seeds/SEARCH, to discuss formation or ethical guidelines to over.. see the relationship between "prospector" and "steward." Underlying these effons is a common feeling that bio- prospe<:tors are already grabbing biolog· ical material as fast as they can and that some process is needed to ensure a cooperative, just, and mutually beneficial relationship. Enforceable guidelines for bioprospecting are one component o[ the complex process or negotiating the equitable exchange o[ infonnation and rtcSources. Some Indigenous activists, however. human and land rights violations. From phannaceuti~l comrncts to international treaties · such as the Biodiversity Convention, we see governments, cotpormions. research institutes. NGOs. and other groups beginning to rc-eva.luate how they relate to and "'do bw;iness" 'vith Indigenous peoples. and begin· ning, at le-ast, to pay lip--service. to Indigenous intellectual propeny rights and benefit-sharing. Indigenous peoples worldwide arc meeting, organizing, and taking leadership roles in determining the nature of these relalionships. Here I point out some questions and issues to considet when reading, discussing, or assisting with the writing or ethical guidelines for biodiversity prospecting. General Considerations for Guidelines To begin with , the definition, purfeel that creating such g1.1idclines will pose. and scope or the guidelines must only condone and increase exploitation be clearly set out. For example. do the of biodiversity and Indigenous knowl- guidelines. cover only biodiversity infor· edge. It could do so by giving bio· mation, or do they cover situations prospectors a legitimate use-document where a bioprospector seeks access to to rationalize and cover up their colo- knowledge about the uses of biodi\'ersi· nialist. and, in Native American histori- ty? What is actually mea.m by biodiveran Jack 0. Forbes' view, ..cannibalistic," sity-plants, animals and fungi , or other intent. {look at the comtpt uses of biological entities such as microorganEnvironmental Impact Statements.) I isms or cell lines? How will guidelines cnn see both points of ,ricw. but sub- be enforced? What system of compli· scribe more to the belief that we have to ance will be used? What legal frameaddress the heedless bioprospecting work should be established? What i.nsti· already occurring within indigenous ter- tutions are subject to the guidelines? ritories and do something about h. Even Who decides these questions? though many bioprospectors exhibit "the disease of aggression against. and Critical Components consumption of. living things... we canIn 3ny biodiversity accessing situa· not let lear of the ·other" paral>••e us tion. one must Stan with an explon\tory and pre,•em cooperative efforts toward phase. I believe this to be the most crit· change. ical Slagc to regulate. Any guidelines A diverse set o[ ethical guidelines, must define how the appropriate contracts. uta.ties. and other dmft docu- Indigenous authorities arc selected. For ments have appeared in recem years in example. different situations might response to Indigenous protest of require prospectors to approach any 20 combination of Indigenous national. regional, sub·regional or conllnunity organizations. The exploratory phase should serve to introduce the potential user. as well as their intentions. interests. and methods to the appropriate authority. At the community level, the reasons for requesting access to biodi~ versity information should be revealed to the entire community, to tmditional leaders, and in the local langllagc or the co1nm\lllity being approached. A project document should be presented which discloses the foreseeable consequences :lnd commercial interests of the. research. and a description of the meth· ods to be used. Following this disclosure. 1hc bioprospector should inquire whether the community or its represemativcs wish to tenninate or continue with negotiations. If the. community agrees to lhe involve.~ ment with the bioprospector. then other issues, especially the terms of compenS.1tion, must be clearly outlined. The question is. docs the. accessing p.1rty have the ethics to honor and respect the oommunity·S deei.sion? If the desire to cooperate wilh 3Jld show respect for Earth's divci"$C' manifestations and peoples were currently presem . then l wouldn't be writing this. How do we instill I he absolute imponance of this basic respect for life in the "cannibals" of first world capitalism? I do not know, but we must start somewhere. Many acti\'iSts think that "talk is cheap" but by discussing this with a wide variety of people, and aniculating the deep ethical issues involved with this complex situation, we may begin to shed light on 1he subject and inadvcnently educate those who need to hear it. F()r rrt.OI'c information contact: Titt Cultural Constt\'MC)I, P.O. Bcx 72086. Davis, CA 95617. (916) 759-2285.jax: (916) 759-2268. fW.(a Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Guidelines for Biodiversity Collections: A Look at the Issues Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Melissa Nelson Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Guidelines for Biodiversity Collections: A Look at the Issues Item Type Journal Article Author Melissa Nelson Volume 8 Issue 4 Pages 19-20 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Indigenous communities are often caught in the cross hairs of different interest groups struggling to control ecologically diverse territories. Conflicts over the use of indigenous territories raises many important questions regarding the rights of Indian communities. Attachment Title Guidelines_for_biodiversity_collections.pdf Attachment URL [No URL] Bioprospecting Conservationism Intellectual Property Rights land rights https://www.abyayalanews.org/files/original/68b1cbccc6c44ced106b959f97b60640.pdf 28432a89ade07190c2e0a9bb406311ee PDF Text Text PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY "Development" Crop Diversity and Indigenous People in the Andes Indigenous farmers show over 3;000 varieties of seeds at a regional Hseed fair" in the Andes. by Tirso Gonzales T he northern countries have recently become concerned with losses in biodiversit)'· Among other things. this has included concern for the loss of native crop seed diversity. private industry in the North, if not for the fam1ers and Indigenous people of the ' Third World: Presently, Northern and Southern governments. U':lnsnational corpora· The main causes of this loss a.re external tions. and international developrnent to Indigenous populations, who have always considered the seeds of native plants part of their survi""l strategy and diet. These plants. which are described by scholars in the North as "under· exploited tropical plants with p romising economic value" or the "lost crops of the Incas," have through the growth of biotechnology industries been com·en· ed into a promising source of profi1s for and llnancial agencies link biodiversity in an almost natural way to biotechnol· ogy. and ignore the Indigenous peoples who inhabit the majority of the planet's regions richest in biodiversity. This absence of real interest in lndigenous peoples is consistent with the dominant practices of "'development"' and as well as lhose of conservation. Development Institutions and the Loss of Biodiversity n~ Gonz_alt'$ is completing a dL~I'lalion on Indigenous Knowledge and Biadh'trsuy in IIJ< Unfortunately, t11e Global Str:uegy Puuvfan Andes and Mc.xic.o bt the department for Biodiversity (G$8), one of the most of Rural Sociology at rhc Unh'usily of inOucmial recem policy frameworks Wisconsin . relating 10 conservation or biological Vol. 8 No.4 diversity. continues within the s..··nne modemizmionist vein. The GS6 \vas prepared by the World Resources lnstitme. the World Conservation Union. and the UN Environment Program in const~tation with the UN Food and AgricultUre O rganization. and included the work of more than 500 individuals O\'tr three years. It was designed for adoption by scientists, politicians. and governmental and nongovernmental organizations in both lhe Nonh and South. After three years of debate. only four of its 85 actions emphasize the role of Indigenous com· munities a.nd campcsinos in the protec· 11on of biodiversity. Many international agricultural insti· tutions also continue in the same mod· cmizationist tendency. T examples wo with panicular impact on Indigenous agriculture are the International Centers 21 �f'ERSPECTIV~S ON B IODIVERSI TY AND I NTELLECTUAL PROPERTY for Corn and \\'heat in Mexico. and the Jntcmalional Center for PotalO Research in Pen1. The so-called Green Re\•olution , associated with 18 such nuemational centers of agricltltural research and The culture or each and every one or these peoples -that is, the way they know things, their modes of being. and their modes or understanding the world MOUI'Id them-is shown in their rehuion backed by imemational de,·elopmem and Onance organizations like the \Vorld to crops. plants and other li'ong beings. Bank, the IMF and US AID. promoted a fom1 of agriculture very different from that of Indigenous campcsinos. The "'re\'Oiution" W;)S designed to use high inputs or chemicals and heavy machin· ery. and offers little of substance to Indigenous farn>ers. To the contrary, it An Alternative Project For the last two years, the Asociacion Bartolome Aripaylla (ABA), one of more than 20 groups associated with the Lima-based NGO Andean Project for Campesino Technologies (PRATEC). has btcn working to revive traditional has tried to transfonn them into modem Andean techniques and crops in the ramters. dependent not only on seeds Quechua comm\mity of Quispillacta, but also knowledge, tools. money and A)r acucho. The community's territory food. The. green revolution is a principal includes over 20.000 hectares of which cause of the loss of cultural and biologi- less than five percent have been brought cal diversity in the countryside. under cultivation . Uke man}' Andean Chemicals used in the "revolution.. ha\'e communities. Quispillacta is organized also COntributed tO contamination or air, at three levels: the Ayllu. the neighborwater. soils :.tnd living things in general. hood. and the community. Nuclear fam· ilies are brought together in the Ayllu Diversity in the Andes and strengthened through collective The Andes form a mountain chain work and ritual fiestas. The ABA is made that crosses territorie-s no\v known as up of community member$ who left to Colombi~. Ecu~dor, Peru and Bolivia. study in the city and fonncd an NGO The great diversity of Andean cultures there. This has converted them, as they developed close connections wilh the thetnselves recognize. into "'visitors" in eanh, the Pachamama. and the rest or the community. They had stopped fannthe living beings such as hills, water. ing their own plots for over thin.een animals. sun and moon. This regionS years, and depended on the city. After extraordinary abundance of crops. med- rcnecting on this problem . the members icinal plams. rnait lrees. animals and of the ABA decided to return to the commicro-organisms has eamed it designa- munity. "Correcting our errors. we tried tion as a. global ..meg:Hiiversi\y'"' center. to intensify our actions of strengthening As several scholars have noted. this the community. \Ve formed another diversity in itself is not so notable as the group in the communhy. grew plants manner in which it has occurred. The and worked in the fields like the other questions are: Why is there such high members of the Ayllus, and became pan biological diversity in the Andes? Who of the agricultural cycle of the commucreates. reproduces and cares for biodi· nity.'" vcrshy? How is 1his done? \Vhy is it The ABA works in the collection and done? inventory of local and regional seeds. The answer to these questions is communal and group planting. found in the imernction between the exchange of experiences. infonnation Quechuas, Aymams. Jibaros. :1nd seeds, and Andean pra.ctices for Chichimccas, Chinantecos. Chontal. exchanging and maimaining seeds. Aushiri, Quichua. Shuar. liuitotos. Aher these two years of work and Chichas, dozens of other Indigenous Sludy of genetic conscnrntion and ero· peoples. and the namral environment. sion. the enormO\lS differences between 22 the western and the Indigenous vision have become C\•idem. They have denominated these as "'the culture or hybrid seeds"' and the "culture of native seeds.· ABA held "Seed Fairs" in 1991 and 1993. These fairs have 1>rovided incen- tives to cullivate tlative seeds of many varieties, in comra.c;t to agricultur7tl fairs organized by the Ministry of Agriculture which promote "improved seeds: Among the objectives of the II Exposition of Andean Seeds were: to show the potential of native seeds that are raised in Quipillacta, to e..xchange seeds and knowledge. to demonstr.ue the role of subsistence fanners and increase phytogenctic variety, to promote and amplify the growth or diverse Andean seeds. and to show the. nutri· tiona! richness and the diversit)' of dish- es that can be made from Andean crops. Nearly half of the area's t\yllus partic- ipated in the second seed fair, presen,ing over 3.000 samples of twelve Andean crops. When crop diversity wns charted by region. it became evident that the greatest crop diversity was found in the Rio Papas watershed-especially in the areas of Pirhuamarca and Llaqtahuaran-whcre the development institutions have the least presence. This confinns-according to ABA-that crop diversity is greatly affected by projects that promote seed improvcmem. since they carry with them an established technological packet which tends tO dis- place the t'lative ecotypes and knowledge. Cases such as th" of the Asociacion Bartolome ;lripaylla sug,~est that the con- servation of seed diversity depends more than any~.hing on the conservation and strengthening of Andean cultures. Tnoe development in the Andes will never come. in the form of modernization. par· ticularly when this means--.s often stated in the past-the replacing of everything lndiar• with - modern," 'Western tech ~ niques. Rather, Indigenous agriculture will pia}' a critical role in any authentic process of Andean development. Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Development" Crop Diversity and Indigenous People in the Andes Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Tirso Gonzales Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title "Development" Crop Diversity and Indigenous People in the Andes Item Type Journal Article Author Tirso Gonzales Volume 8 Issue 4 Pages 21-22 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note There is emerging global concern for the loss of native crop seed diversity. Unfortunately, current efforts by prominent international organizations like the UN and World Bank ignore the role of Indigenous communities and campesinos in the protection of biodiversity. Attachment Title Development_crop_diversity.pdf Attachment URL [No URL] Andes Asociacion Bartolome Aripaylla Biodiversity Conservationism Global Strategy for Biodiversity (GSB) https://www.abyayalanews.org/files/original/da151cfe8a29ff844619be1d34b810a6.pdf 6f891760a8710e8f4ec06d943c5cafbd PDF Text Text ORGANIZATION AND Expanding Indigenous Journalism in· Central America ndigenous leaders met in E1 S.1h'11dor from NO\'. 11 -13 for the second Centro! Amencan plnnnmg meeting for the lntcrn:lllon:ll Indigenous Decade. According 10 the I PS news service, represcntnuves focused on plans to boost lnd1an news mcdlo 1n the region. N1cnmguan l ndl~enous leader Mirna Cunnlngh.'\n po1 nted 10 • pilot project bemg camw OUI In N1camgua with md1o and the p~ wh1ch could be ben<flctnl for 1he d.-·elopment of lnd1genous med1a m Ccntml Amenca. She ln(ormrd IPS th.'ll the tr;umng of lndtgenous )oumahsts and professionals ·IS alread)' happemng m the regton. ah hough 01 modest levels." and added that the upgmdmg o( CXIStiOg programs is bcmg sought. ;\dnnn Esquino L1sco. head of the N•uonal Indigenous Association, stated that they were thinking of stnrtlng an lnd1 gcnous mdio station, although they lacked lnfomtatlon on the current situa· tlon R1goberta Menchu. who W:J.S also pr<S<nt at the m<eung, pledgtd the suppon of the Vicente Mcnchu Foundation m undcnnkmg a study of the oaual situotoon and needs of lnd1genous communmos In Guatemala, Hondur3S. N1caroguo Jnd the southern Mexican state of Ch1>p.1S. COMMUNICATION of trust "'sponslbiliues h tstoblished a Zunl on 1ssucs conct'ming n:uu~l resources. S1gnifl(llmly. the pbn uses Zuni religto\IS ond cuhuml valuos :J.S the b:J.Sis for decision-moktng. This approach to development has pro\•isions to provide Imming of Zunis already brought a 8"'"t deal of success to fall profes.~ional positions. the build- to the project and to Zuni. The project ing of gcogmph1c lnformauon systems. now cmploys60 lll:oplc. 59 of which are ond elabomtlon of n resource develop- Zuni. lmplernc.nuuion o( lhe pktn 1$ 1n its first yblr and watershed rehabilitament pion. Intellectual Property R~ghts is one of lion has already begun. Tmd1tional agothe pLOJ«ts prmctpal concerns. 2um are culture IS molong a comeback and trndl· in the process of deflmng for themselves uon>l technolog)' lor ci'0$1on control IS what Zum tmellectu>l proptny IS and being tncorpomt<d mto the rthabohta· what t)'pt of "pLOt<ctton" they would non \\rork. lnd1gcnous communuzes hkr to sec for thts proptrt)CTrodutoml tntemauon.tlly have shown amerest in seeds, for exnmple. need to be plotect· the ptOJCClS appro.1Ch to communuyed. but cnnnot be used-¢,-en by b:J.Sed development ZunlS-for commerdol purposes. $.1cred sues. religtous ani(:~cts. trodiuonal an Tribal Sovereignty: Back to the styles. l:mgungc. religtous ceremonies. Future? songs. and medicimd plants nre other his symposiUm on the rights ond status of Indigenous people was types Of "property" COnSidered for pro· tection . sponsored by 1he St. Thomas University. A related yet sepamte Issue is that its Hun10n Rights Institute, its law of cultural preservntlon. Many of school. and the Oklahoma Cuy Zunt5. tradhaons have endured the pas• Umverslty Notlve Amerlcon Legal 500 years. Zum contmue to pracuce Rcsoun:e Center. It took place m ~hami, rchgoous and cultuml tmdiuons that Flonda on Dec I and 2 The conference. ongmatcd thous.mds of years >go. The addressed issues or lod1311 culture and past 50 yc.• rs. howe\'tr. have brought sptritu>hty "" well M cbiOIS of tnlxtl about ropld chongcs In dcmograph1cs 50\'treignt)' and cnucal IS>Ues of fcdcral and hfestylt. The Conserv:mon project lndL1n law. ond was designed 10 Crt.lte a holds that much of I he do mage 10 Zuni launchmg pad for ongoing research and lands "'suhcd from the breaking of ana.lysos. Zuni Conservation Project traduional forms of land manngcmcnt. The conference fcaturcd • broad Pushes Sustainable and know~ that traditional methods array of subject m~ner ond expen Development are much more sustnlnnble, and strh·es speakers from Bmzll to Alnskn. Papers he Zuni Tnbe loc~ned in wesHcn- 10 mcorpomtc and rtjuvenme the use from the conference and highlights of tml New Mexico fomted the Zuni of traditional technologies and prac- the discussions will be published in a Conscrvntlon Pl\)jcct in 199 1 to serve as lices into nnturnl resource use plan· special Spring 1995 issue of the Sr. th~ir dcl):'rCmem of n:uurnl resources. ning. Thomas l.aw Re••fcw. The Zuni communuy has approximately By the end of 1993. the Zuni 9,000 pe-ople. In 1990, p.15Sag< of the Conse"•auon Pro.JC(t completed a plan For mot< lnformattoto: the Zuni Conservauon Act enabled of acuon fe>< sustaonablc development Pnlf"'-"'' Slrtfru:d ll'f<»tt<r. Clwlr. Sutnng l>unchlng of 1hc project The Act was -the Zuno ~rce o.:,·elopment Plan. Commlll« Tribal Sowr<~g~~ly S)Oijli>Wm. J>35$d to cnd Ol.'lny >~rs of litiW~tion This pbn follows the forn~11 of the UN'S S<. ThDrnM UnM"'IJI S<looal cf l.a"' >g>lnst the US Go\'cmment for damage Ag.onda 21 doeumem. tn se1ung gu1dc- 16-ICO N IV J2nd "'~ Mwmt, fl<>nd<J JJOSi. to Zum l•ncb ond f10m mismanag.omem hnes. goals. and .lCioon obJCcti\'CS for Td; (lOS) 62J.2JOS, FGX. (lOS) 62J-2.J90 I T 16 Sl7 moUton trust fund to set up a system of bnd management to rehobilit;ue nnd conserve Zums land and natu.ml resources. Also Included In the Act ore T � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zuni Conservation Project Pushes Sustainable Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Zuni Conservation Project Pushes Sustainable Item Type Journal Article Volume 8 Issue 4 Pages 36 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note An indigenous tribe in New Mexico is implementing a sustainable development plan that draws from the tribe's traditional forms of land management. Attachment Title Zuni_conservation_project.pdf Attachment URL [No URL] Agriculture Intellectual Property Rights sustainability Zuni Conservation Act https://www.abyayalanews.org/files/original/7d21adf1ab7b77f7d41b3286b2166c45.pdf 7df5bd1f72f7675c1dc71a3a35855847 PDF Text Text • We Are Involved 1n a joint Struggle Interview With Carmen lrnamberna undreds of Indigenous rcp~ntatwes gathered In Gene•"• m june of 1994 10 discuss nnd comment on the Draft Dcclar.uion of Indigenous Rights being prcJ>Jrcd by the UN Working GI'Oup on lndtgcnous Peoples. There, we lme"oewed C.1nnen lrnamberna, Prcsidem of the l'ederauon of Indigenous People ond O>mpesinos of lmb.1bura (fiCI). one of the largtst hoghland Indian organl%3uons m Ecwdor. on the draft dedar.ulon and her expc~nces 3S a \\'Ort13n leader H zauon. our own politics. our own foznls of economic devel· opmr:m . 1'here are differences between lndi~enous People on the best wny to express our rights. Some argue for '"free·dcter· mlnmlon.· others ror '"autonomy... Autonomy implies the expansion, the development lof rights]. under already established norms and structures. W11h free.<feterrninnuon. we are peuuonang the dtre<:t recogmuon of our nghtS-that go..emments recogntze us for who we an: These differences m<rcly tndtcate that the different peoples we rcpn:sem confront dtf· fcrent problems. have different >truggles. and diff~rent expenences. And so for some, the dedarn11on or autonomy ts suffictent. 6ut fo r those who arc t ruly in >truggle fo r free deterrmnl).uon. nutonomy is not suffic:1Cill. V.1 hcre there is n'uch discl'lmlnation, it will not protect us. We lof Ecuador! at'C argumg for free-detenninatlon, not simply autonomy. My position has aiW3)'S been 1h.11 1f we are not recognized in this Arc you >3tisfied wi th what has occurred here 31 the UN or do you think that lhe aspirations of l ndigcnous Peoples arc not being heMd? Well, I cn.mot e"actly s.1y sousfted Out 11 seems to me that the initiatives proposed here "'" Important so that " "'h ume the governmentS increasmgly open up the barriers 10 the recognlllon that we Indigenous peoples have rightS. This sp.1ee here in the UN Working Group IS impoTWlt for manner then we cannOt say tlut thl$ is our law-t.hat o£ tht outlming a program whteh the Indigenous Peoples can then lndtgenous Peoples. Rather. It Is • UN bw decbred tn the use. But I bel•.-·e th:u nothmg will change through this alone. pr~nct of lndtgcnous Peoples. Our only guamntec " the force of our peoples. Regardless of how many laws ore appro..ed. tf our commu- To conclude. could you say something about your posinltie~ don't struggle. there are no gua<Jntees. Clearly the law tion. Y are the only female president o f an Indigenous ou will be • lcgalmstrumem , but Its use depends solely on our federa tion in Ecuador. Whm enabled tha.t and what chalstrength. A s lew of laws protecting our human rights already lenges do yQu face? exist. but when and where have they truly been applied ? This is what everyone asks me. :md I really don't have a \Vhcn hnvc: we been protected under them? Rarel}r. if ever. clear re>ponse. Since <he mceptlon of FICI, for the twenty arc luws on paper complied wnh. More often the ime.rests of years thJt 11 has existed. !here h.~ ne•·er been a woman as thost In power rule. So, regardless of how marvelous our president There h.'tS been female p3ruclpntion and leaderprogram here m the Worlung Group ts, 11 will nt\'er bear >lttp. but thiS has always been •n <he role of S«mary of fruu unless w~ guarantee: it Women-not the pn:siden<:): not. even as head of one of the olher dep.utmcnts. So. lhtS ttme there W:IS a mtr.telc. llow do you feel about the drnft d cclamtion, where d oes FlCI s tond in this regard' How have the: men in the orgtmi:Qtion responded to you. Some J>tOplc believe that, because a universal decla· d<) you reel t hat t hey doub t your capacity? Well. that depends on how you proceed in the work. rntion of human rights already exists. that this adequately covers all of humanity. llut actu.1lly. Indigenous People are not S<)me may have doubts, but In gcnerni, I h:we the total sup· taken adequotcly into account under existing laws. I believe port of my colleagues. If they don't >up port me. I Sl)' th:u lhey that lndtgenous People need to be nddress.:d spocific.tlly. arc not. obeying the desires of the provt!I(Oe. For I was not because we arc different. We h.1•e our own forms of org.1ni- elected b)· JUSI one community but by the provmctal congress. JO ~Yala 1\'aos �WO MAtl To date. I have not had any problems, but rather the support and respect of all the members. \Vhat aboul women'S organiz·ing within the FlCI? Are there groups that work specifically on women's issues? Our form of struggle docs not stop " ;th specific objectives for women. I believe thot this is something imposed by colo· nialism-that women arc to fight for their rights separately. and that men then organize for the men. I don\ agree with this. I believe that we are involved in a joint Struggle where men. women, and children participate. But we can have specific activities as women within this snuggle and there can be specific problems between the genders. after all. machismo still exisls. But what we, as women, are trying to promote is that everyone is respec-ted as an equal. And that everyone understands that women are capable of assuming any responsibility. 'IA'e, as Indigenous people and a$ women ne.ed to have direct relations between our peoples where limita~ions are not imposed. where our spaces are not limited. As women. we need to understand that we are capable of taking any responsibility-that we can move forward. Throughout the world , we heard about d\e Indigenous uprising lruajune that dnew much of lhe country into tur· moil until the Ecuadorian government agreed to negotiate with Indigenous organizations. \Vhat caused the uprising? The central issue was the new agrnrian law. Over the past few years. the National llgrarian Coordinating Body organized by CON/liE held assemblies and workshops in communities to debate agrarian reform. This popular analysis Cltlminated in the "L.1w for Integrated Agriculture", which we presented to the National Congress a year ago. Yet. this proposal was never discussed by congress. In May of this year. the executi\•e branch submitted its own agrarian la\v, FoUo,-.ring our vigor· ous protest, congress rejected this law, but then turned around and approved a virtually identical bill of the dominant conservative party-the Social Democrats. The nationai "Mobilization for Life• erupted from the political and unconsl..ituti6naltnanipulation or this law that direct~ ly affects the live.• of Indigenous people and small fanners in Ecuador. The mobilization began on June 13 and lasted more than eight da)os. It resulted in many deaths. three disappearances. and 540 injured. \Vho was responsible for this violence? Throughout the Mobilization for Life, the government never accepted our proposal for open dialogue. Instead, President Duron's solution was to declare a State of Emergency. In this way, he began to milit~rize target communities. \Vhcn the nlilitary and police were authorized to intervene. the killing began. The deaths and injuries were the product of the govcmment's state of emergency. Vol. 8 No. 4 So. what's the current situation wilh the agrari3n law? Well , the law was approved. But finally, after so n)any deaths, the Tribunal of Constitutional Guarontees declared the law unconstitutional. At the same time. however, the President and the Social Democtats appealed the decision to the Supreme Court. Thus the law was still in force despite the fact that a high-level institution of the s:une state declared it to be unconstitutional. \~'e. of the Agraian Coordinating Body. have appealed to the Supreme Court that it too declare the law unconstitutional. At the same time, a commission was established to re£onn the 1aw. The commission comprised representatives of the: Catholic church . Indigenous organizations, agribusiness and ranching, the national congress. the Social Democrat Party. Ministry of 1\gricuhure, and the President of the Republic himself. Decisions of the commission are simpl)' recommendations. howe\• and mtast still be approved by congress er. where the conservative Social Democrats :trc 1hc majority. ls the government showing good will in relation to Indigenous demands now? 1 there were good will, the government would have acted r before all the violence. We don't believe the re is good will. Rather, the commission 'vas constituted because of the Indigenous movementS demands and the intervention of international organiu.tions. That is why we have dialogue. Still, this is not a dialogue where decisive resolmions can be made. Rather, it is a dialogue similar to that occurring here in the Working Group. Carmen lrnamberna·s organization FICI represems thousands o f Ind igenous people in the Ecuadorian highland s, like these women from Otavato province. 31 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource We Are Involved in a Joint Struggle: Interview With Carmen Irnamberna Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title We Are Involved in a Joint Struggle: Interview With Carmen Irnamberna Item Type Journal Article Volume 8 Issue 4 Pages 30-31 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Abya Yala News interviews Carmen Irnamberna, President of the Federation of Indigenous People and Campesinos of Imbabura, on challenges, issues, and possible repercussions of the Draft Declaration of Indigenous Rights being prepared by the UN Working Group on Indigenous Peoples. Attachment Title We_are_involved_in_a_joint_struggle.pdf Attachment URL [No URL] FICI Human Rights UN Working Group on Indigenous Peoples