STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionof TK and TCEs through several related and complementary processes, including a draft set of Objectivesand Principles. 59Indigenous peoples have emphasized that such protection must ensure that their heritage is safeguarded for theuse of future generations, and that it is not to be misappropriated or commercialized “without the free, prior andinformed consent of the custodians of the culture, knowledge and biodiversity.” 60 Indigenous peoples also feelthat there are still arguments for a new legal regime specifically designed for indigenous peoples enabling themto protect and benefit from their cultural expressions and traditional knowledge, and that support should be givento develop systems and standards that allow them to fully negotiate terms in relation to the commercial use oftheir cultural expressions. 61The issue, then, is to find ways to reconcile the provisions of different international intellectual property regimesin order to protect traditional knowledge for the benefit of the indigenous community and promote its appropriateuse within wider society.Concluding RemarksAll over the world, there are clashes between state and indigenous peoples’ cultures and systems of livelihood(pastoralism, hunting and gathering, and shifting cultivation). It is a clash between the desire of many indigenouspeoples to live on traditional lands, and the general thrust of government policies aimed at using indigenouspeoples’ lands for other purposes. Whether this is the establishment of natural reserves or mega-projects such ashydro-electric dams or infrastructure development, indigenous peoples are frequently portrayed as an obstacleto national development plans.Governments and developers have employed the dominant development paradigms to manufacture stereotypesthat are negative and that depict indigenous peoples as “backward”, “uncivilized” and “uncultured”. While theWestern culture and way of life is presented as modern and “civilized”, that of the indigenous peoples is depictedas an embarrassment to modern states. As a result, indigenous peoples have been discriminated against andmarginalized by the processes of economic modernization and development.Although indigenous peoples are often portrayed as a hindrance to development, their cultures and traditionalknowledge are also increasingly seen as assets. It is argued that it is important for the human species as a wholeto preserve as wide a range of cultural diversity as possible, and that the protection of indigenous cultures is vitalto this enterprise. The twenty-first century is already witnessing growing recognition of the right of indigenouspeoples to decide for themselves what should happen to their ancient cultures and their ancestral lands.In recent years, the world has become more aware of the role of indigenous cultures in development processes.Many United Nations agencies and countless civil society organizations continue to make the case for thecentral role that indigenous peoples play in the preservation of cultural diversity. For development to be sociallyand economically sustainable, it must take into account and draw upon the values, traditions and cultures of thepeople in the countries and societies it serves. Indigenous peoples, perhaps more than any others, are aware ofthese relationships between culture and development. 6259Åhrén (2002); Traditional Knowledge Bulletin (2008).60Tauli Corpuz (2005).61Janke (1999).62Supra note 2, p.476 | CHAPTER II