Tony Bennett, Differing diversities - Council of Europe

Differing diversitiesIPRs in genetic resources held in trust by the Consultative Group on InternationalAgricultural Research (CGIAR) in the sixteen international agricultural researchcentres it supports. In 1996, the CGIAR endorsed the principle that its centreswould not claim legal ownership or apply IPRs to the germplasm held in trust andwould require recipients to abide by the same principles. What remains disputed isthe propriety of claiming IPRs in varieties and technologies developed fromCGIAR germplasm to the extent that this germplasm was developed by indigenouspeoples and local communities. Mechanisms to provide compensation to thefarmers’ communities from which such germplasm was taken may need to bedeveloped.Many of the European Council Parties have participated in and contribute to theministerial process, “Environment for Europe”, which is intended to implementthe “Pan-European Biological and Landscape Diversity Strategy” that, in turn,provides the European framework of the CBD. Within Europe, the location of biologicaldiversity in economically underdeveloped regions has been recognised andmore developed Council Parties have devoted resources to the preservation of biodiversityin these less developed regions. 15 The degree to which development initiativesin eastern Europe could be linked to efforts to document and preserve traditionalKIP needs to be further investigated.Amongst the Council Parties, the United Kingdom is unique in having DependentTerritories with both biological and cultural diversity that are considered endangered.The British Virgin Islands, the Cayman Islands, Gibraltar, Jersey and St.Helena are included in the United Kingdom’s ratification of the CBD. However, atleast seven other territories are not included. In all of these territories, older membersof the local populations are likely to have significant traditional knowledgeabout local biospheres that is undocumented and, without recognition or support,is not likely to be passed onto successive generations. A biodiversity database isbeing developed in the British Virgin Islands, but no recognition of ITKIP appearsto accompany this initiative.Development priorities in many Council Parties have focused upon environmentalissues in less developed countries, but such commitments to sustainable developmentare not always coupled with any evident concern for the relationshipbetween natural resource management and cultural diversity. 16 This is an area thatrequires considerable research if “sustainable development” initiatives are to supportthe preservation of cultural diversity. 17In Canada, indigenous and traditional knowledge has been the subject of severalcommissioned research reports and traditional knowledge is now considered asource for consultation in environmental impact assessments. However, theNorthwest Territories is the only provincial government to have developed a policypertaining to traditional knowledge. Acknowledging that aboriginal knowledgeis a valid and essential source of information about the natural environmentand its resources, this policy recognises that traditional knowledge is best preservedthrough continued use and practical application, expresses a commitmentto incorporate traditional knowledge into government decisions and actions where174