Intellectual Property Rights of Indigenous Women Recognized
September 14, 1995
4th WCW, Beijing, China
The 4th World Conference on Women accepted a paragraph in the
Platform of Action that agrees to "safeguard the existing
intellectual property rights" of Indigenous women. Delegates also
agreed to ensure that these rights and their use are protected,
respected, and maintained. The language covers "knowledge,
innovations and practices... including practices relating to
traditional medicines, biodiversity and indigenous technologies".
Marge Friedel of the Canadian Metis Women's Organization said that
the inclusion of intellectual property rights has provided " ...
safeguards we didn't have before." One portion of the statement that
can be construed in a negative way is "encouraging the wider
application of... " traditional indigenous knowledge. Some indigenous
women view this statement as allowing further exploitation and use of
traditional indigenous knowledge without adequate consent. Friedel
states that we (the Indigenous Women's Caucus) didn't particularly
like that [portion], but we can work with it."
The official delegates of Indonesia and India are still
stating their opposition to the inclusion of the term "existing" with
intellectual property rights. They believe that "existing" limits the
applicability of the definition, because it may not cover future
intellectual property rights. Just having traditional indigenous
knowledge retained in the document is "a step forward," Friedel says.
"We forced this whole paragraph in the document." As indigenous women
from around the world become more involved in the international
decision making processes, she says, they are better able to ensure
their concerns are addressed. Friedel hopes that "as long as we keep
participating ... we will make progress, we all just have to take
tiny steps forward". Victoria Tauli-Corpu, coordinator of the Asian
Indigenous Women's Network, stated "realistically this is what we can
achieve here."
Indigenous women at the conference, including Sue
Heron-Herbert of the Canadian Delegation think the language should go
further than this is now, and that it will with time. Tauli-Corpus
emphasized this paragraph will be the only one in existing
international law that most accurately reflects an Indigenous
definition of intellectual property rights. The usage employed in
GATT contradicts the indigenous definition. It privatizes the
knowledge; not making use of the knowledge for the common good. The
applicability of the paragraph may be limited because it is "subject
to national legislation and consistent with the Convention on
Biological Diversity". This is problematic in places like B.C. where
the provincial government does not think national legislation on
resources and the Convention on Biological Diversity applies to
them.
Steps indigenous women were not able to take at this
conference were to gain recognition of the existence of Indigenous
Peoples in the plural, not just People in the singular. The issue was
not discussed formally at this Conference. The "s" in peoples is so
important asserts Tauli-Corpus, "because it implies self
determination". Accepting the distinctness and diversity of
Indigenous Peoples within nation-states becomes a legal issue under
international law. The "s" means that Indigenous Peoples will have
collective rights. These rights would include rights to land, natural
resources, and to develop economic systems. Most Governments in the
world, including Canada, do not recognize Indigenous Peoples as
having rights to social, human, cultural, civil and political self
determination. An indigenous women in Canada said she "doesn't think
we should hold on breath on this, not from the Canadian government."
Future world conferences will focus on the issue of Indigenous People
vs. Indigenous Peoples and the right of Indigenous Peoples to self
determination.
Indigenous women at this conference express hope that the UN
Commission on Human Rights will address their demands and include
them in the Declaration on the Rights of the Worlds Indigenous
People.
by Carmel Jorgensen
active environmentalist in the community of Victoria on Vancouver
Island, B.C.
Mailing address: 1565 133 A St. Surrey B.C. V4A 6A3 tel.
(604) 536-2394.
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