Assessment of Domestic Policies Guiding the Fair and Equitable Sharing of Benefits From Utilization of Genetic Resources and Traditional Knowledge

The objective of the Nagoya Protocol guides Parties to regulate illegitimate access and utilization of biological resources or associated traditional knowledge, and also directs Parties to share with fairness, equity and justice the monetary or non-monetary benefits arising out of utilization of genetic resources. In a nod to the United Nations Declaration on Rights of Indigenous People, the Nagoya Protocol binds the Parties to create access and benefit sharing (ABS) laws, policies or administrative measures as envisaged in Articles 5.2 and 5.5 of the Protocol, and obliges the States to allow for benefits to flow to Indigenous peoples and local communities (ILCs). Present paper is based on an opinion survey of academic/research institutions, civil society organizations and concerned individuals apart from competent national authorities of Asian countries. Review of secondary information, especially domestic ABS laws of relevant countries, and participant observation were other means of legal and policy analysis. The findings of this paper illustrate that the accrued benefits from the utilization of genetic resources or traditional knowledge are not adequately realized by Indigenous people or local communities. State sovereignty occupies dominance when justice and equity principles are considered in benefit sharing mechanism. It leads to the infringement of Indigenous rights and conservation objectives. Discrepancies in domestic ABS laws and in the frameworks for their implementation could be addressed by ensuring the participation of ILCs in domestic ABS rulemaking, decision-making processes, and the participatory execution of ABS mechanisms at all levels. The resulting gains in efficiency in the ABS process could then better achieve the goal of conserving and sustainably using biodiversity, while also ensuring respect for the rights of Indigenous people

International Overview of Sacred Natural Sites and Indigenous and Community Conserved Areas (ICCAs) and the Need for Their Recognition

Sacred natural sites and indigenous and community conserved areas (ICCAs) are repositories of biological and cultural diversity, and represent communities’ religious values, customary rules, institutional fabric, traditional knowledge and conservation culture. With changing environments, ICCAs, including sacred sites, face external and internal challenges to their survival, evolution and preservation. As such, ICCAs require recognition on par with the official protected areas managed by governments. Yet despite increasing recognition of ICCAs in international conservation policies, they still largely lack effective and appropriate recognition in national policies and practices. In addition to exploring sacred groves as ICCAs, this article examines the policy and legal instruments that recognize ICCAs at the international and national levels. This article also recommends strategies to enhance the protection of ICCAs, including by shifting the paradigm from government-controlled protected areas to community-controlled conservation areas. National policies and legislation must give more prominence to the customary laws and traditional institutions of the indigenous peoples and local communities managing these conservation areas, as well as acknowledging their rights to self-governance and self-determination

Recognition of Customary Law and Institutions and Community Protocols of Indigenous People in Domestic ABS Legislation or Policies in Accordance with the Provisions of Nagoya Protocol

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies

International Overview of Sacred Natural Sites and Indigenous and Community Conserved Areas (ICCAs) and the Need for Their Recognition

Sacred natural sites and indigenous and community conserved areas (ICCAs) are repositories of biological and cultural diversity, and represent communities’ religious values, customary rules, institutional fabric, traditional knowledge and conservation culture. With changing environments, ICCAs, including sacred sites, face external and internal challenges to their survival, evolution and preservation. As such, ICCAs require recognition on par with the official protected areas managed by governments. Yet despite increasing recognition of ICCAs in international conservation policies, they still largely lack effective and appropriate recognition in national policies and practices. In addition to exploring sacred groves as ICCAs, this article examines the policy and legal instruments that recognize ICCAs at the international and national levels. This article also recommends strategies to enhance the protection of ICCAs, including by shifting the paradigm from government-controlled protected areas to community-controlled conservation areas. National policies and legislation must give more prominence to the customary laws and traditional institutions of the indigenous peoples and local communities managing these conservation areas, as well as acknowledging their rights to self-governance and self-determination

International Overview of Sacred Natural Sites and Indigenous and Community Conserved Areas (ICCAs) and the Need for Their Recognition

Sacred natural sites and indigenous and community conserved areas (ICCAs) are repositories of biological and cultural diversity, and represent communities’ religious values, customary rules, institutional fabric, traditional knowledge and conservation culture. With changing environments, ICCAs, including sacred sites, face external and internal challenges to their survival, evolution and preservation. As such, ICCAs require recognition on par with the official protected areas managed by governments. Yet despite increasing recognition of ICCAs in international conservation policies, they still largely lack effective and appropriate recognition in national policies and practices. In addition to exploring sacred groves as ICCAs, this article examines the policy and legal instruments that recognize ICCAs at the international and national levels. This article also recommends strategies to enhance the protection of ICCAs, including by shifting the paradigm from government-controlled protected areas to community-controlled conservation areas. National policies and legislation must give more prominence to the customary laws and traditional institutions of the indigenous peoples and local communities managing these conservation areas, as well as acknowledging their rights to self-governance and self-determination