Traditional Knowledge
Introduction
The question on traditional knowledge is referenced not just in the MGRs section but throughout the BBNJ Treaty, including in the Preamble, General Principles, and the Science and Technical Body. Below are some of the basic information about Indigenous Peoples and local communities as well as the relevance of traditional knowledge to MGRs of ABNJ.
Who are Indigenous Peoples?
Indigenous people are descends from population that inhabited a country at time of its conquest/colonization by a foreign entity, which is currently separate from dominant population(s) in the country, and retain pre-conquest/colonization socio-economic/cultural/political institutions.
The World Bank estimates that there are between 370 and 500 million indigenous people across 90 countries.
Indigenous Peoples’ rights have been recognized through the adoption of various international instruments and mechanisms (e.g., United Nations Declaration on the Rights of Indigenous Peoples in 2007, the American Declaration on the Rights of Indigenous Peoples in 2016, 23 ratifications of the Indigenous and Tribal Peoples Convention from 1991, the establishment of the United Nations Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples, and the UN Special Rapporteur on the Rights of Indigenous Peoples)
What is a local community?
Local community has long-standing historical/cultural/political roots in a country, embodying/practicing traditional lifestyles, and not typically subservient to other population(s) in country.
Indigenous Peoples and Local Communities (IPlc)
Indigenous Peoples and local communities, while there are some differences between the two, are allies. Some of their knowledge could be considered traditional knowledge (defined below).
What is Traditional Knowledge?
Traditional knowledge is living and dynamic body of knowledge, practices, skills, and innovations, including intangible cultural heritage such as a song, dance, or story, passed down through generations continuously and in a locally meaningful context by IPlcs who act as their creators, developers, preservers, guardians, and custodians. Traditional knowledge is not static, but it is a dynamic system of knowlege, culture, and ways of life that can change overtime.
Examples include:
- Agricultural(e.g., optimal yield from land), aquacultural(e.g., fisheries-related, clam farming), environmental(e.g., conservation measures), medicinal(e.g., using plant and animal resources and produces as curatives)
- Knowledge associated with genetic resources of plant and animal life
ReferencesL Convention on Biological Diversity, Nagoya Protocol, Plant Treaty, Desertification Convention, UN Delaration of the Rights of Indigenouss Peoples, 1992 Rio Declaration, WIPO IGC Glossary of Key Terms
The World Bank states that "while Indigenous Peoples own, occupy, or use a quarter of the world’s surface area, they safeguard 80 percent of the world’s remaining biodiversity."
How is traditional knowledge relevant in the MGR Mechanism?
Relevant traditional knowledge may be navigational knowledge to collect MGRs of ABNJ or information on the use of MGR that may unlock its value--not the MGRs themselves.
Those individuals/entities that are interested in collecting MGRs of ABNJs are not required to seek out relevant traditional knowledge that can aid in the collection or utilization of the MGR. Rather, if there is available relevant traditional knowledge that is not publicly available and the IPlc are willing to allow interested parties to access that traditional knowledge, and if the interested parties want to access that traditional knowledge, then there can be an arrangement on mutually agreed terms between the interested parties and the IPlc that hold the traditional knowledge.
What is "free, prior, informed consent" (FPIC) or approval and involvement?
The Food and Agricultural Organization (FAO) states that the three concepts "free, prior, informed consent" are interlinked and defines the concepts as follows: "consent ... sought before any project, plan or action takes place (prior), it should be independently decided upon (free) and based on accurate, timely and sufficient information provided in a culturally appropriate way (informed) for it to be considered a valid result or coutcome of a collective decisionmaking process."
Below is a brief description of "free, prior, informed, consent" according to the FAO:
Free: The consent is free, given voluntarily and without coercion, intimidation or manipulation. A process that is self-directed by the community from whom consent is being sought, unencumbered by coercion, expectations or timelines that are externally imposed.
Prior: The consent is sought sufficiently in advance of any authorization or commencement of activities.
Informed: The engagement and type of information that should be provided prior to seeking consent and also as part of the ongoing consent process.
Consent: A collective decision made by the right holders and reached through a customary decision-making processes of the communities.
Additional information is below and here.
To ensure that traditional knowledge is accessed in a way that protects the rights of IPlc and not breach confidentiality, it will remain closely held by the relevant IPlc until there is an agreement to engage in discussions with the interested user.
What are mutually agreed terms?
Once the IPlc and the interested user of the traditional knowledge agrees in principle, specific mutually agreed terms may be negotiated. The terms may include conditions for the IPlc to share the relevant traditional knowledge, including monetary benefit sharing, and conditions on use of the traditional knowledge.
What are the requirements associated with traditional knowledge and MGRs of ABNJ?
There is a unique information exchange system for traditional knowledge due to existing rights and obligations and the sensitivities associated with confidential information and cultural requirements. Access to such traditional knowledge may be facilitated by the Clearing-House Mechanism but it is not mandatory.
The Treaty also has mandatory benefit-sharing requirements that are unique to traditional knowledge associated with MGRs of areas beyond national jurisdiction (ABNJ). The Parties must take legislative, administrative or policy measures, where relevant and as appropriate to ensure that traditional knowledge associated with MGRs in ABNJ that is held by Indigenous Peoples and local communities (IPlc) shall only be accessed with the free, prior, and informed consent or approval and involvement of these IPlc. Access to and use of such traditional knowledge must be on mutually agreed terms.
Ref. BBNJ Treaty Art. 13.
What are some of the ways that the MGR Mechanism and associated functions can support a robust implementation of the requirements on traditional knowledge?
The access and benefit-sharing committee esstablished by the BBNJ Treaty may explore options, such as the use of Clearing-House Mechanism for the relevant IPlc to signal the availability of relevant traditional knowledge without sharing the content of such knowledge, and how interested parties could reach out through the Clearing House Mechanism to the relevant IPlc. The access and benefit-sharing committee could also explore how the process could be flexible, where the interested parties and the relevant IPlc could connect via other means (especially for those IPlc that may not use a computer or a mobile device), while complying with the new requirements. The committee could consult extensively with the IPlc to ensure that there will be no unintended consequences in the guidelines it may provide to the Conference of the Parties on traditional knowledge.
