AN ANALYSIS OF THE ROLE OF INDIGENOUS PEOPLE AND THEIR TECHNOLOGY WITHIN THE FRAMEWORK OF THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD) Stanley Worgu

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1 AN ANALYSIS OF THE ROLE OF INDIGENOUS PEOPLE AND THEIR TECHNOLOGY WITHIN THE FRAMEWORK OF THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD) By Stanley Worgu ABSTRACT. This paper is an analysis of the role of indigenous people within a global environmental policy such as the Convention on Biological Diversity (CBD). The paper has examined the relevance and importance of the indigenous people as custodians of traditional biological resources, which is the primary focus of an international environmental policy such as the CBD. In analysing an issue of this format, the paper has defined its focus in the introduction and a definition of the word indigenous person(s). The issue of indigenous technology and its influence on the traditional life of local and indigenous people and also its overall contribution to an international policy such as the CBD has been clearly analysed. The paper also reviewed some perspectives on the place of indigenous people within the CBD and it highlighted the pre- Rio consultation process and debate at the UNCED summit. The paper subsequently analysed the position of most proponents on the introduction of new concepts and strategies as a means of evolving new opportunities that will enable indigenous people benefit equitable from the use of their knowledge and biological resources. This will no doubt enhance the relevance of the Convention on Biological diversity. Stanley Worgu % Nordic African Network Nobelvägen Malmö August

2 INTRODUCTION The role of indigenous people as traditional custodians of vital biological and ecological resources needed for human development is obvious and evident. What has occupied policy debate over the years is what role can they play in a global biodiversity regime? Secondly, how can they benefit equitable from any assigned role in a global effort towards sustainability? This debate was clearly evident in the course of the negotiation of the final draft of the Convention on Biological Diversity (CBD), from Nairobi to RIO in This paper is intended to analyse the position of indigenous people and their technology within the framework of the Convention on Biological Diversity and how indigenous people could be integrated in a global effort towards biodiversity conservation. Indigenous people are seen to be mostly people who are still influenced by their cultural and traditional way of life. They have remained relatively unaltered by the influence of modernisation and the radical adulteration of culture by urbanisation. The Chambers Dictionary (1983) ed. stated that "Indigenous people are native born, subject to native culture or influence". The word indigenous does not have a clearly defined meaning particularly in the context of international relations and policies because of its politicisation at that level. Indigenous people can be seen as people of distinct cultural communities with unique land and other rights based on original and historical use and occupancy (Elliot 1998:158). It could be summarised from the various definitions that the word indigenous people refers to people of traditional decent, native born, retaining good features of native culture and influence. A means from the beginning, the first people of any particular region or place. It is attributable to the originality of a people within a geographic setting with distinct attributes in relation to language, culture, religion etc. INDIGENOUS TECHNOLOGY AND THE CBD By implication every man is indigenous, but rapid industrialisation, voluntary migration, environmental stress such as war, famine, epidemics, natural calamities has over the years led an increasing number of the world population to lose their indigenous culture. Through migration we lose an inherent attribute of technology and knowledge, traditional intellectual attributes that were bequeathed to us through series of generations past. Shiva and Moser 1995 refereed to it as Indigenous Knowledge System (IKS). Most of these traditional technologies were products of the use of our biological resources in agriculture, traditional occupations and industries and in our trado- medical practices. This is not surprising because centuries ago the easiest and most assessable natural resources are biological resources. Most of these traditional intellectual attributes are in the form of oral knowledge, so it is lost forever as mankind in increasing number losses traditional ties (Berkes 1995:1). One glaring thing is that indigenous people and their successive generations understood the Know How but could not understand the Know Why of this technology. Irrespective of the poor understanding of the fundamental principles underlining this technology, several advances were made in its use in the early part of the 20 th century in biotechnology. This is given further credence in the words of the World Commission on Environment and Development. (WCED 1987:12) 2

3 In Nigeria, traditional knowledge in the use of over 300 species of plants for medicine and food serve very useful purposes in the rural areas (Akinyeye 1997:85). The relevance of traditional and indigenous knowledge and technology in the promotion of a global regime on biological diversity is well acknowledged by the Convention on Biological Diversity. In paragraph 12, It states the importance of the relationship between traditional communities and their biological diversity. Article 10 (c) and 8 (j) also affirms the relevance of traditional knowledge and the need for its conservation. Indigenous technology has been of great importance to the global community for decades past before the inauguration of the CBD. PREPARATIONS FOR RIO AND THE CONSULTATION PROCESS From the above analysis, the evidence of the relevance and usefulness of traditional knowledge still existing in indigenous settlements unaltered or not significantly altered in her culture and tradition to a newly conceived regime on bio-diversity became very glaring. This relevance has already been noted at several international forums and also acknowledged by various academics and researchers. Prior to the United Nations Conference on Environment and Development (UNCED) summit in Rio1992, WCED 1987, Chaired by Gro Harlem Brundtland has already drawn substantial attention to the subject of the indigenous people and biodiversity conservation. The threats posed by the pattern of global un-sustainable development, which in effect formed the basis for the historic summit was addressed in "Our Common Future", the WCED publication in During the period of consultation and preparation for the Rio summit, the indigenous people were however not properly consulted and they apparently did not make any input as regards the formulation of the convention. This was a serious oversight considering the fact that the success of what was been legislated on, to a significant level depends on the co-operation of the indigenous people and their effective participation. The omission of the effective participation of indigenous people at the consultation to the summit level marginalised their view in the final draft of the convention. The best possible means of gaining their confidence in a biodiversity regime should have been to give them opportunities in participating at the CBD formulation level. FORMULATING A STRATEGY FOR INDIGENOUS INVOLVEMENT The third part of article 8(j) is aimed at encouraging the concept of equitable sharing of the benefit, arising from the product of traditional knowledge and technology. By analysis it does attempt to bring the indigenous people and their technology within the framework of the convention. In real case scenario it has placed at risk the traditional knowledge of the indigenous people, since this knowledge has become vulnerable to piracy and unauthorised copying by large multi-national companies most often in collaboration with various regimes in the South. This has placed biodiversity in greater threat as is evident in the proliferation of biotech inventions without regard to the safety of humans and the ecosystem. Worst of it all, the lack of equitable opportunity to benefit and share from the traditional ecological knowledge of indigenous people for the benefit of mankind further jeopardises the possibility of having these resources 3

4 adequately conserved. New possibilities and strategies have to be developed to strengthen biodiversity conservation in this regard. THE INSTITUTIONALISING TRADITIONAL RIGHTS Some analyst has theorised on avenues through which indigenous and traditional people could be encouraged to participate more actively in the realisation of the objectives of this convention. Some of these strategies include the recognition of farmer s rights concept and trado medical practitioner s patent. This could be achieved through a comprehensively developed mechanism by the secretariat of CBD to ensure that indigenous people share equitable from the proceeds of their biological resources and also are mobilised to participate effectively in the strategies for its conservation. The issue of farmer s rights concept: -The concept of farmer's right was initially conceived as a programme of international fund to be disbursed to farmers as part of their compensation from the use of their resources and knowledge in biological and genetic resources. However there was the problem of a clear-cut guideline on the administration of the fund. In this regard the idea was abandoned. However the conference of parties of the CBD is still studying how useful such initiative can be. Genetic Resource Action International (GRAIN) and other NGO's are trying to further develop the idea. If properly developed it could to some extent give the farmers some privilege to benefit from the use of their resources and knowledge. The Concept of Traditional Resource Rights (TRR): - Proponents of this idea have always reinstated the need for a balance in protecting the farmers as much as the corporate bodies and other researchers in the use of intellectual property rights. Traditional resource rights could be likened to something close to the plant breeder's rights. It is another format of intellectual property right (IPR). The basic difference in this case is that the benefit is distributed amongst individual farmers or group of farmers in recognition of their ingenuity. This is based on their possible contribution to or conception of an intellectual idea in the use of their biological resources in the invention of genetic resources of potential value or technique. The most potential difficulty in the implementation of these strategies is that unlike the intellectual property right or plant breeders right it may be difficult to clearly identify a particular person or group of persons whom can be genuinely credited with a particular invention, knowledge or idea. Several generations, families, and communities or tribal and ethnic people lay claims to a set of indigenous technology most of which has passed through several generations. It may be worth trying, if for the first time a clearly defined legal right could be promulgated to enable indigenous people obtain protection for their ingenuity. Where an individual could not make a claim to it, It could be awarded to a group of people, community, ethnic group, tribe or nation, whom could lay strong provable claim to the originality of the idea or ingenuity directly, or through their ancestors. While in the future the idea of awarding to individuals or corporate group will be given consideration. This same idea will be extended to trado-medical practitioners and as such it will enable indigenous people to benefit from their resources. The issue lies on the signatories to the convention to put an appropriate instrument in place and ensure the workability of a formula to guarantee an equitable stake in the sharing of the benefits arising from biological resources. 4

5 COPYRIGHT LAWS IN THE DEVELOPING COUNTRIES: - Some proponents of a regime for the protection of indigenous technology and knowledge have proposed the option of individual countries of the south, signatories to the convention establishing a strong copyright law and patent licence in their domestic legislation. This is a more feasible alternative to protecting the work of indigenous technology and knowledge. The issue is that many countries of the south lack the appropriate structure to establish a strong regime of copyright law within the body of their local legislation. The reason for this had been the apparent lack of the structure of enforcement. For a piece of legislation on copyright and the protection of intellectual work to succeed, the country desires strong and effective machinery for its enforcement. CONCLUSION This paper has raised some fundamental issues that desire global attention to halt the rate at which biodiversity and indigenous knowledge are increasingly been eroded. A lot of this issue obviously have raised very serious concern particularly when juxtaposed with the fact that the CBD was inaugurated with the good intention of conserving the biodiversity of the earth as to make it increasingly beneficial for mankind now and in the future. It is essential to consider the fact that a significant proportion of global biodiversity is stocked in the developing countries of the South, in the remote rural villages of the worlds most improvised people where poverty and population pressure has accelerated the destruction of this vital resources. It is also important to note that a significant number of the custodians of these biological resources do not get an equitable benefit from the use of their biological resources. The need to address the concern of the rural farmer, the rural trado- medical practitioners has become very vital in recent times. The global concern to integrate them in the mainstream of the bio-diversity regime has become very fundamental in recent times, at least as a basis for the true realisation of the objectives of the CBD. BIBLIOGRAPHY 1) WCED (1987) Our Common Future (Oxford University press, UK.) 2) UNEP (1995) Global Bio-diversity Assessment. ( Cambridge university Press) 3) Glowka L. (1994) A Guide To The Convention On Biological Diversity. ( IUCN, Gland, Switzerland) 4) Stokes K. (1999) The Convention on Biological Diversity. (University of Strathclyde, Scotland.) 5) Posey D.A & Dutfield G. (1996) Beyond Intellectual Property - Towards Traditional Resource Rights for Indigenous Peoples & Local communities (IDRC) Canada 6) Mugabe J & Clark N. (1996) Technology Transfer And The Convention On Biological Diversity ( ACTS press, Kenya ) 7) Moser I & Shiva V (1995) Biopolitics. Zed Books Limited, London. 8) Julian T. Inglis (1993) Traditional Ecological Knowledge-Concepts and Cases. International Program on Traditional Ecological Knowledge & International Development Research. 9) Elliot Lorraine (1998) The Global Politics of The Environment New York University Press, USA. 5