<strong>Differing</strong> <strong>diversities</strong>The relationship between cultural diversity and biodiversityHuman cultural diversity, it is believed, is threatened on an unprecedented scale(Posey, 2000: 3). Languages are generally seen as major indicators <strong>of</strong> culturaldiversity – the codifications, heritages, and frameworks which constitute a society’sunique understanding <strong>of</strong> the natural and social world. An estimated half <strong>of</strong>these will disappear within the next century (Unesco, 1993). Since 4000 to 5000<strong>of</strong> the 6000 languages in the world are spoken by indigenous peoples, and theseare the most endangered <strong>of</strong> languages, the loss <strong>of</strong> cultural diversity will affectthese peoples disproportionately. The countries which contain peoples speakingthe largest numbers <strong>of</strong> languages are also those that house the greatest biologicaldiversity in terms <strong>of</strong> species and variations in interspecies, and include the greatestnumbers <strong>of</strong> indigenous peoples and communities with traditional, near-subsistencelivelihoods. Although no universally accepted definition <strong>of</strong> indigenous peoplesor <strong>of</strong> traditional communities exists, the majority <strong>of</strong> the world’s ruralpopulations live in direct dependence upon their knowledge <strong>of</strong> and use <strong>of</strong> localecosystem resources. These resources are also disappearing at an alarming ratewith dire consequences for those peoples whose livelihoods depend upon them. 2The world’s poor rely upon biological products from local sources for 85% <strong>of</strong> theirneeds (for example, for food, fuel, shelter, medicine, etc.), over 1.4 billion rural peoplerely upon farm-saved seeds and local plant breeding for their subsistence, morethan three quarters <strong>of</strong> the world’s population relies on the knowledge <strong>of</strong> local healthpractitioners and traditional medicines for their primary medical needs, and over half<strong>of</strong> the world’s drugs are derived from plants (Crucible II Group, 2000: 1). New plantgenetic resources are needed in the pharmaceutical, agricultural, and biotechnologicalindustries on a regular basis, yet the social and cultural conditions that nurturetheir ongoing development and ensure their continuing variation are threatened.Plant genetic diversity is considered a human legacy but it is one that is sustainedlargely by the uncompensated work <strong>of</strong> culturally diverse, politically vulnerable,and impoverished peoples. 3Only to the extent that such practices are supported, encouraged, and maintainedby in situ conservation measures will biodiversity be maintained. 4 Hence, the CBDpreamble recognises the “close and traditional dependence <strong>of</strong> many indigenousand local communities embodying traditional lifestyles on biological resources,and the desirability <strong>of</strong> sharing equitably benefits arising from the use <strong>of</strong> traditionalknowledge, innovations and practices relevant to the conservation <strong>of</strong> biologicaldiversity and the sustainable use <strong>of</strong> its components”. This is indicative <strong>of</strong> a globalrecognition that biodiversity preservation is an inherently multicultural process.Indigenous knowledges may be understood as the cultural knowledges <strong>of</strong> local peoplesconcerning the everyday realities <strong>of</strong> living that are the product <strong>of</strong> a direct experiencewith nature and a particular, local ecosystem. 5 Indigenous knowledge, “the170
Reasearch position paper 7unique, traditional, local knowledge existing within and developed around the specificconditions <strong>of</strong> women and men indigenous to a particular geographic area”(Grenier, 1998), is collectively held and, until recently, was also predominantlycommunicated orally and from generation to generation. Such knowledge isdynamic and adaptive, socially shared and communicated, and usually recognisesan equilibrium among natural forms understood to form elements <strong>of</strong> a cosmos. Itembraces knowledge <strong>of</strong> location, movements, spatial relationships and temporalcycles, and is not restricted to knowledge <strong>of</strong> entities and their parts. “Nature” is lesslikely to be understood as something to be conserved and more likely to be understoodas an extension <strong>of</strong> society and an integral part <strong>of</strong> human interdependence.Just as indigenous peoples and local communities are increasingly under siege byforces <strong>of</strong> urbanisation, proletarianisation, linguistic assimilation, logging, mining,and large-scale development projects, they find that the genetic resources they manageand develop using their knowledges and technologies are <strong>of</strong> increasing value toothers. “Biopiracy” <strong>of</strong> genetic resources and traditional knowledge is believed to beon the rise. 6 For example, a survey conducted by the Indian Drug Manufacturers’Association found that <strong>of</strong> the 668 pharmaceutical patents filed in 1997, the vastmajority included the use <strong>of</strong> ayurvedic knowledge (traditional Indian medicinal systems)with minor modifications in methods <strong>of</strong> extraction and processing. 7 Researchto ascertain the use <strong>of</strong> indigenous and traditional knowledge innovations and practices(hereinafter ITKIP) in the intellectual properties granted to others is both difficultand expensive to accomplish given the limited information that most states provideto the public and the limited forms <strong>of</strong> disclosure required <strong>of</strong> most patentapplicants. States concerned with the preservation <strong>of</strong> cultural diversity should consideramending their intellectual property regimes to enable such research.Although claims concerning the biopiracy <strong>of</strong> traditional knowledge abound, it is notalways clear precisely how traditional knowledge practitioners are or will be precludedfrom continuing to engage in applying and developing such knowledge as aconsequence <strong>of</strong> these appropriations. Moreover, it is not at all evident that patentsbased upon ITKIP are, in fact, valid given that they generally involve an “obvious”technology applied to ITKIP that lacks the quality <strong>of</strong> novelty. None the less, it ismanifestly inappropriate for state regimes to put the onerous and expensive burden<strong>of</strong> challenging the validity <strong>of</strong> such IPRs upon the impoverished and vulnerable holders<strong>of</strong> such knowledge (or even upon the non-pr<strong>of</strong>it NGOs that support them).It is recommended that <strong>Council</strong> Parties undertake further research to consider:– means to amend intellectual property regimes to enable interested parties toascertain when and if intellectual property rights are being granted for worksand innovations that appropriate indigenous and traditional knowledge, innovations,and practices and are thereby invalid to the extent that such knowledge,innovations and practices are not novel and the uses made <strong>of</strong> them areobvious amongst those peoples or in those communities.171
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PrefaceThe present text constitutes
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The challenge of diversityCulture,
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Diversity, citizenship, and cultura
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Differing diversitieslanguages. The
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