Shamans from 20 indigenous tribes sent this week suggestions
about the
protection of biodiversity to the Intergovernmental Committee
of the World
Intellectual Property Organisation, which is linked to the United
Nations
Organisation. The document is the result of a meeting of shamans,
which
happened from december 4th to 6th. "We are sure that our
recommendations and
proposals will be accepted in interests of humanity. ", says
the letter,
LETTER FROM SAO LUIS DO MARANHAO
We, representatives of indigenous peoples in multicultural Brazil
where there are 220 peoples speaking 180 distinct languages and
occupying 12% of Brazilian territory, met in Sao Luis do Maranhao
between 4 and 6 December 2001, to discuss the theme "Indigenous
Knowledge and Science and Industrial Property" at the invitation
of the National Industrial Property Institute (INPI), declare:
1. That our forests have been preserved thanks to our millenial
knowledge;
2. As indigenous representatives, we are important in the process
of discussing access to biodiversity and traditional knowledge
because our lands contain most of the world's biodiversity, around
50%, which has a great value in social, cultural, spiritual and
economic terms. As traditional indigenous peoples who inhabit
diverse ecosystems, we have knowledge about the management and
sustainable use of this biodiversity. This knowledge is collective
and is not a product that can be commercialised like an ordinary
market product. Our knowledge of biodiversity cannot be separated
from our identities, laws, institutions, value systems and our
cosmological vision as indigenous peoples;
3. We recommend the Brazilian Government to create a space for
the participation of representatives of indigenous communities
in the Genetic Heritage Management Council;
4. We recommend the Brazilian Government to create laws to regulate
access to genetic resources and traditional knowledge in co-operation
with indigenous communities and organisations;
5. We indigenous representatives strongly affirm to governments
and international organisations our right to fully participate
in national and international decisions about biodiversity and
traditional knowledge, such as the Convention on Biological Diversity,
the World Intellectual Property Organisation (OMPI), the United
Nations Commission on Trade and Development, the World Trade Organisation,
OMPI's Intergovernmental Committee of Intellectual Property related
to Genetic Resources, Traditional and Folk Knowledge, among other
organisations.
6. We recommend that all nations approve the United Nations Declaration
on Indigenous Rights;
7. As representatives of indigenous peoples, we affirm our opposition
to any form of patenting resulting from traditional knowledge
and request the creation of punitive mechanisms to prohibit the
theft of our biodiversity;
8. We recommend the creation of a government-financed fund to
be managed by
an indigenous organisation to subsidise research to be conducted
by
indigenous community members;
9. We recommend that the Federal Government create training courses
for
indigenous professionals working in the area of traditional knowledge
rights;
10. We recommend that a second Shaman's Meeting take place to
further discuss the Convention of Biological Diversity and Traditional
Knowledge;
11. We recommend the creation of an Indigenous Committee to accompany
the discussions and planning of the production of Traditional
Knowledge;
12. We recommend that the government adopt a policy to protect
biological and social diversity aimed at promoting the sustainable
development of indigenous peoples. It is fundamental that the
government guarantees resources for our communities to develop
programmes to protect traditional knowledge and preserve species
in situ;
13. Until the Brazilian National Congress approves the law project
2057/91 which institutes the Indigenous Societies Statute, which
has been stuck in the House of Deputies for more than ten years,
and ratifies the OIT's Convention 169, which has been stuck in
the Senate for eight years even though it has already been approved
by the House of Deputies, we propose that indigenous peoples discuss
the need to establish a moratorium on the commercial exploration
of traditional knowledge related to genetic resources;
14. We propose to the government that it recognises traditional
knowledge as science, giving it a equivalent status in relation
to western scientific knowledge, establishing a science and technology
policy which recognises the importance of traditional knowledge;
15. We propose the adoption of a universal means of legally protecting
traditional knowledge, an alternative system, a system sui generis,
distinct from other laws protecting intellectual property rights
which also addresses the following issues: the recognition of
indigenous territories and their consequent demarcation; the recognition
of the collective ownership of traditional knowledge; local indigenous
communties' right to deny access to traditional knowledge and
to genetic resources found in their territories; the recognition
of indigenous peoples' traditional forms of social organisation;
the inclusion of the principle of previous consent and a clear
willingness to respect the participation of indigenous peoples
in the equitable distribution of the benefits resulting from the
use of these resources and knowledge and which permits the continuity
of the free exchange between indigenous peoples of their resources
and traditional knowledge;
16. We propose that the creation of a databank of traditional
knowledge be broadly discussed with indigenous communities and
organisations and that it only be implanted after the rights mentioned
in this document have been guaranteed;
This meeting brought together members of indigenous communities
with strong traditions and well as expert leaders to formulate
these recommendations and proposals. Concerned with the advance
of bioprospecting and the future of humanity, our children and
our grandchildren, we reaffirm that governments should recognise
that we have rights. For this reason we are sure that our recommendations
and proposals will be accepted in interests
of humanity.
Sao Luis do Maranhao, 6 December 2001
Source: From the environmental journalists' listserver as sent
by: AndrÈ Muggiati <foeandre@amazonia.org.br>, Date:
Fri, 21 Dec 2001, Subject: shaman's letter
Available for download on Amazonia (www.amazonia.org.br/english)
web site.
Click here to download the document:
http://www.amazonia.org.br/english/guia/detalhes.cfm
www.amazonia.org.br/english
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