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Tony Bennett, Differing diversities - Council of Europe

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Preserving cultural diversity throughthe preservation <strong>of</strong> biological diversity:indigenous peoples, local communities,and the role <strong>of</strong> digital technologiesResearch position paper 7By Rosemary J. CoombeFaculty <strong>of</strong> Law and Munk Centre for International StudiesUniversity <strong>of</strong> TorontoIntroductionIn international policy circles it is increasingly recognised that the conservation <strong>of</strong>biological diversity (or biodiversity) is integrally related to the preservation <strong>of</strong> culturaldiversity and that indigenous peoples and local communities hold traditionalecological knowledge <strong>of</strong> great potential value and importance in global efforts toachieve sustainable development objectives. Such peoples and their knowledgesare endangered. This paper will consider global efforts to value and preserve traditionalecological knowledges, the use and significance <strong>of</strong> digital technologies infacilitating the preservation <strong>of</strong> this cultural diversity, and point to issues thatrequire further research.After introducing the policy issues, the paper will consider the obligations <strong>of</strong>Austria, Belgium, Bulgaria, Canada, Luxembourg, Switzerland, and the UnitedKingdom (hereinafter the <strong>Council</strong> Parties) under the Convention on BiologicalDiversity (hereinafter the CBD), and initiatives taken by the <strong>Council</strong> Parties toprotect traditional ecological knowledge both domestically and internationally; italso addresses some important regional initiatives and provides examples <strong>of</strong> academicand non-governmental organisation (NGO) activities. Given the importancethat the CBD attaches to intellectual property rights (IPRs) and the enormous body<strong>of</strong> literature that addresses the propriety <strong>of</strong> IPRs as a means <strong>of</strong> protecting traditionalenvironmental knowledge, the paper then considers the role <strong>of</strong> IPRs withrespect to the preservation <strong>of</strong> cultural diversity 1 and proposals to amend IPRs tomake them less conducive to the misappropriation <strong>of</strong> cultural knowledge. Thepaper next addresses indigenous uses <strong>of</strong> the Internet, with particular attention tocultural revitalisation efforts. More general usages <strong>of</strong> digital technology to assistin the protection <strong>of</strong> biodiversity and indigenous knowledge are then surveyed withemphasis upon the potential cultural impacts <strong>of</strong> these activities on indigenous peoplesand local communities. Areas <strong>of</strong> recommended research are identified at theend <strong>of</strong> each section.169

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