Commission on Human Rights
Sub-Commission of Prevention of
Discrimination and Protection of Minorities
Working Group on Indigenous Populations
19-30 July 1993
First International Conference
on the
Cultural & Intellectual Property Rights of Indigenous Peoples
Whakatane, 12-18 June
1993 Aotearoa, New Zealand
June 1993
In recognition that 1993 is the United Nations
International Year for the World's Indigenous Peoples;
The Nine Tribes of Mataatua
in the
Bay of Plenty Region of Aotearoa New Zealand convened the First International
Conference on the Cultural and Intellectual Property Rights of Indigenous
Peoples. (12-18 June 1993, Whakatane).
Over 150 delegates from fourteen countries
attended, including indigenous representatives from Ainu (Japan), Australia,
Cook Islands, Fiji, India, Panama, Peru, Philippines, Surinam, USA, and
Aotearoa.
The Conference met over six days to consider
a range of significant issues, including; the value of indigenous knowledge,
biodiversity and biotechnology, customary environmental management, arts,
music, language and other physical and spiritual cultural forms. On the
final day, the following Declaration was passed by the Plenary.
PREAMBLE
Recognising that 1993 is the United Nations
International Year for the World's Indigenous Peoples;
Reaffirming the undertaking of United
Nations Member States to-
"Adopt or strengthen appropriate policies
and/or legal instruments that will protect indigenous intellectual and
cultural property and the right to preserve customary and administrative
systems and practices." - United Nations Conference on Environmental Development;
UNCED Agenda 21 (26.4b);
Noting the Working principles that
emerged from the United Nations Technical Conference on Indigenous Peoples
and the Environment in Santiago. Chile from 18 - 22 May 1992 (E/CN.4/Sub.
2/1992131);
Endorsing the recommendations on Culture
and Science from the World Conference of Indigenous Peoples on Territory,
Environment and Development Kari-Oca, Brazil, 25 - 30 May' 1992;
Declare that Indigenous Peoples of
the world have the right to self determination and in exercising that right
must be recognised as the exclusive owners Of their cultural and intellectual
property
Acknowledge that Indigenous Peoples
have a commonality of experiences relating to the exploitation of their
cultural and intellectual property'
Affirm that the knowledge of the Indigenous
Peoples of the world is of benefit to ail humanity;
Recognise that Indigenous Peoples
are capable of managing their traditional knowledge themselves, but are
willing to offer it to all humanity provided their fundamental rights to
define and control this knowledge are protected by the international community'
Insist that the first beneficiaries
of indigenous knowledge (cultural and intellectual property rights) must
be the direct indigenous descendants of such knowledge;
Declare that all forms of discrimination
and exploitation of indigenous peoples, indigenous knowledge and indigenous
cultural and intellectual property rights must cease.
1. RECOMMENDATIONS
TO INDIGENOUS PEOPLES
In the development of policies and practices,
indigenous peoples should:
1.1 Define for
themselves their own intellectual and cultural property.
1.2 Note that
existing protection mechanisms are insufficient for the protection of Indigenous
Peoples Intellectual and Cultural Property Rights.
1.3 Develop
a code of ethics which external users must observe when recording (visual,
audio, written) their traditional and customary knowledge.
1.4 Prioritise
the establishment of indigenous education, research and training centres
to promote their knowledge of customary environmental and cultural practices.
1.5 Reacquire
traditional indigenous lands for the purpose of promoting customary agricultural
production.
1.6 Develop
and maintain their traditional practices and sanctions for the protection,
preservation and revitalization of their traditional intellectual and cultural
properties.
1.7 Assess existing
legislation with respect to the protection of antiquities.
1.8 Establish
an appropriate body with appropriate mechanisms to:
a) preserve and monitor the commercialism
or otherwise of indigenous cultural properties in the public domain
b) generally advise and encourage indigenous
peoples to take steps protect their cultural heritage
c) allow a mandatory consultative process
with respect to any new legislation affecting indigenous peoples cultural
and intellectual property rights.
1.9 Establish international
indigenous information centres and networks.
1.10 Convene
a Second International Conference (Hui) on the Cultural and intellectual
Property Rights of Indigenous Peoples to be hosted by the Coordinating
Body for the Indigenous Peoples Organisations of the Amazon Basin (COICA).
2. RECOMMENDATIONS
TO STATES, NATIONAL AND INTERNATIONAL AGENCIES
In the development of policies and practices,
States, National and International Agencies must
2.1 Recognise
that indigenous peoples are the guardians of their customary knowledge
and have the right to protect and control dissemination of that knowledge.
2.2 Recognise
that indigenous peoples also have the right to create new knowledge based
on cultural traditions.
2.3 Note that
existing protection mechanisms are insufficient for the protection of Indigenous
Peoples Cultural and Intellectual Property Rights.
2.4 Accept that
the cultural and intellectual property rights of indigenous peoples are
vested with those who created them.
2.5 Develop
in full co-operation with indigenous peoples an additional cultural and
intellectual property rights regime incorporating the following:
-
collective (as well as individual) ownership
and origin
-
retroactive coverage of historical as well as
contemporary works
-
protection against debasement of culturally
significant items
-
cooperative rather than competitive framework
-
first beneficiaries to be the direct descendants
of the traditional guardians of that knowledge
-
multi-generational coverage span
BIODIVERSITY AND CUSTOMARY
ENVIRONMENTAL MANAGEMENT
2.6 Indigenous
flora and fauna is inextricably bound to the territories of indigenous
communities and any property right claims must recognise their traditional
guardianship.
2.7 Commercialization
of any traditional plants and medicines of Indigenous Peoples, must be
managed by the indigenous peoples who have inherited such knowledge.
2.8 A moratorium
on any further commercialisation of indigenous medicinal plants and human
genetic materials must be declared until indigenous communities have developed
appropriate protection mechanisms.
2.9 Companies,
institutions both governmental and private must not undertake experiments
or commercialisation of any biogenetic resources without the consent of
the appropriate indigenous peoples.
2.10 Prioritise
settlement of any outstanding land and natural resources claims of indigenous
peoples for the purpose of promoting customary, agricultural and marine
production.
2.11 Ensure
current scientific environmental research is strengthened by increasing
the involvement of indigenous communities and of customary environmental
knowledge.
CULTURAL OBJECTS
2.12 All human
remains and burial objects of indigenous peoples held by museums and other
institutions must be returned to their traditional areas in a culturally
appropriate manner.
2.13 Museums
and other institutions must provide, to the country and indigenous peoples
concerned, an inventory of any indigenous cultural objects still held in
their possession.
2.14 Indigenous
cultural objects held in museums and other institutions must be offered
back to their traditional owners.
3. RECOMMENDATIONS
TO THE UNITED NATIONS
In respect for the rights of indigenous peoples,
the United Nations should:
3.1 Ensure the
process of participation of indigenous peoples in United Nations fora is
strengthened so their views are fairly represented.
3.2 Incorporate
the Mataatua Declaration in its entirety in the United Nations Study on
Cultural and Intellectual Property of Indigenous Peoples.
3.3 Monitor
and take action against any States whose persistent policies and activities
damage the cultural and intellectual property rights of indigenous peoples.
3.4 Ensure that
indigenous peoples actively contribute to the way in which indigenous cultures
are incorporated into the 1995 United Nations International Year of Culture.
3.5 Call for
an immediate halt to the ongoing 'Human Genome Diversity Project' (HUGO)
until its moral, ethical, socio-economic, physical and political implications
have been thoroughly discussed, understood and approved by indigenous peoples.
4. CONCLUSION
4.1 The United
Nations, International and National Agencies and States must provide additional
funding to indigenous communities in order to implement these recommendations.
