Will The Voice Of Indigenous Peoples Disappear From WIPO Discussions To Protect Their Knowledge?

What would be the credibility of the World Intellectual Property Organization committee negotiating a system of protection for traditional knowledge held by indigenous peoples, if none of their representatives could participate in the meetings? That has been a recurring question asked by indigenous peoples and the organisation over the years. But now, if no voluntary contributions are made by governments or others, the next committee meeting could very well be first in 16 years held without a single observer from an indigenous community.

Many countries speak about protecting them during discussions, but none of those countries came forward to fund indigenous peoples’ representatives at the IGC last week. Separately, the United Nations on 14-15 December in New York will hold a consultation on the participation of indigenous peoples in UN activities affecting them.

At the 32^nd session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), held from 28 November to 3 December, the IGC chair and WIPO Director General Francis Gurry again remarked on the lack of funds to support the participation of indigenous peoples and local communities for future sessions of the IGC.

On 3 December, Ian Goss, an Australian delegate who serves as chair of the IGC, called upon countries to consult internally and “hopefully” contribute to the fund. If no contribution is received, he said, “it will be the first time we would not be able to fund participation of indigenous observers.” He added that indigenous observers are “critical stakeholders,” and their absence would impact the credibility of the IGC’s work.

According to the meeting document [pdf], the amount available in the account of the WIPO Voluntary Fund for Accredited Indigenous and Local Communities was CHF 663.20 (US$ 675) on 27 October.

WIPO has an annual budget surplus in the tens of millions of Swiss francs, and it is unclear why member governments do not simply agree to designate a small portion regularly to support indigenous participation in WIPO activities that affect them. Opponents have said that this would create a precedent and appear unwilling to craft an exception.

In 2014, Australia, Finland, the Holy See, New Zealand, and Switzerland tabled a proposal [pdf] at the WIPO Programme and Budget Committee (PBC). They suggested that the PBC accommodate, within existing resources, expenses related to the participation of representatives of accredited indigenous and local communities, up to a maximum of CHF 60,000 (IPW, WIPO, 26 August 2014). But this proposal was not approved by the PBC (IPW, WIPO, 15 September 2014).

Voice of Indigenous People to Disappear from WIPO?

At the opening of the session, a representative of the Pacific Island Museums Association (PIMA) on behalf of the Indigenous caucus said indigenous peoples “fail to understand that while statements are being made about the high value of genetic resources, traditional knowledge, and traditional cultural expressions for national development agendas, members are failing to adequately support the participation of holders and owners.”

He added that indigenous peoples and local communities appreciate the countries that have consulted them on the development of national policies and have effectively informed and shaped positions being taken at the IGC.

He remarked that full and effective participation also requires considerable capacity building and consultation at home, calling for countries to extend their national consultations and capacity building.

“After 16 years of discussions and negotiations, the majority of the approximately 370 million world’s indigenous peoples, and over 10,000 indigenous nations have very little understanding of what is being negotiated here,” he said.

Most indigenous peoples and local communities’ representatives cannot participate unless they are funded, the PIMA representative said. Participation costs would represent several months of wages for many, he said. “We need to find ways of improving participation, like combining the voluntary fund with other funding,” he added.

“Many highly capable representatives who have been invited at the [IGC] symposium or to speak at the indigenous panel have indicated they would like to participate in the negotiations but cannot afford to stay beyond the three funded days,” he said.

He suggested that the creation of a dedicated fund that would make funds available in a gender and regionally balanced manner, be revisited.

“We call upon members to promote the legitimacy of the proceedings in the eyes of the primary holders and owners of genetic resources, traditional knowledge, and traditional cultural expressions by contributing to the voluntary fund to ensure our full and effective participation,” he concluded.

At the end of the session, on 3 December, no new funding proposal had been put forward by any member states.

The representative of the Instituto Indígena Brasilero da Propriedade Intelectual (InBraPi) on behalf of the Indigenous Caucus, on 3 December also called upon member states to contribute to the Voluntary Fund. The full participation of indigenous peoples in discussions, as guaranteed by the United Nations, would be blocked, she said if they could not participate in the IGC. A future instrument might be adopted without the indigenous peoples’ contribution, she added.

“We regret that the voice of indigenous peoples and local communities will no longer be heard at the IGC,” she said. After 16 years, 32 meetings and much hard work, the IGC will not have the sufficient credibility nor legitimacy in order to fulfil the task which had been set for it, she said.

“We have been patient,” she said, “but we cannot allow the decisions made about our future be made without our full and effective participation,” she said.

UN Consultation on Participation of Indigenous People

On 14-15 December, a consultation will be held in New York on the participation of indigenous peoples’ representatives and institutions in relevant United Nations meetings on issues affecting them.

According to the webpage of the event, indigenous peoples’ representatives and institutions wishing to participate in the consultation should send an email to indigenous_un@un.org before Friday 9 December.

“At the 2014 World Conference on Indigenous Peoples, the UN General Assembly requested the development of a system-wide action plan [SWAP]for a coherent approach to achieving the ends of the United Nations Declaration on the Rights of Indigenous Peoples [pdf],” according to the SWAP website.

According to the UN Development Programme, it is estimated that indigenous peoples constitute 15 percent of the world’s poor, and one-third of the 900 million people living in extreme poverty in rural areas.

Past Contributors to the Voluntary Fund

The Voluntary Fund was created in 2005. Past contributors to the Voluntary Fund are the Swedish International Biodiversity Programme (CHF 86,092.60) in 2006, France (CHF 31,684) in 2006, the Christensen Fund (CHF 29,992.50) in 2007, Switzerland (CHF 150,000) in 2007, South Africa (CHF 5,965.27) in 2007, Norway (CHF 98,255.16) in 2007, Switzerland (CHF 100,000) in 2008, South Africa (CHF 12,500) in 2011, an anonymous contributor (CHF 500), Australia (CHF 89,500) in 2011, Australia (CHF 5,000) in 2013, and New Zealand (CHF 4,694.40) in 2013.

The total amount of the voluntary contributions credited to the Fund until October 27, 2016 was CHF 623,401.71.

 

Image Credits: WIPO