Biocultural Rights Indigenous Peoples And Local Communities

This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Cultural property, aboriginal people, ethnobiology, legal status, laws.

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

Zusammenfassung: The conceptualization of interrelations between biological and cultural diversity since the 1980s indicates a biocultural turn in discourses and policies regarding nature conservation, sustainable development, and indigenous peoples. These interrelations frequently manifest as conflicts between local communities who derive their livelihoods and identity from their lands and resources, and external actors and institutions who claim control over these areas, invoking superior interests in nature conservation, development, and modernization. In these asymmetric conflicts over biocultural diversity, framed in discourses that demand the preservation of both biological and cultural diversity, the opportunities for local communities to assert their claims crucially depend on external discursive and legal frameworks.Based on a study of the Karen ethnic minority groups in the Thung Yai World Heritage Site in Thailand, this article explores challenges and chances for local communities to assert claims and rights to lands, resources, and self-determination in the context of the biocultural turn in environment and development discourses as well as heterogeneous legal frameworks.

""This passionate, well-researched book makes a compelling case for a paradigm shift in conservation practice. It explores new policies and practices, which offer alternatives to exclusionary, uninhabited national parks and wilderness areas and make possible new kinds of protected areas that recognize Indigenous peoples' rights and benefit from their knowledge and conservation contributions"--Provided by publisher"--

This book analyses how protecting the rights of local communities can contribute to the alleviation of ecological harms through the development of an innovative 'Rights for Ecosystem Services' framework. Ecosystem services describe the range of social, ecological, and economic benefits that people obtain from nature. Recognising the role of local communities, and criticizing the very use of the term services, this book draws on arguments for the rights of nature. Against a market approach to nature conservation it thereby transforms the current 'Payments for Ecosystem Services' framework into a unique 'Rights for Ecosystem Services' framework. With reference to a case study from Sicily, the book develops such a framework as a crucial means through which the environmental role of local communities can be recognised, protected, and fostered. Employing insights from a range of disciplines, this book will appeal to scholars working in the areas of environmental law, legal theory, political philosophy, human rights, and environmental studies, as well as others with practical concerns in the fields of conservation science and local communities' rights.

"Many rural communities in the global South--including some 370 million indigenous peoples--are directly dependent on biodiversity and related traditional knowledge for their livelihoods, food security, healthcare and well-being. But with the loss of biodiversity, valuable resources such as climate-resilient crops, medicinal plants and wild foods are being lost. Cultural diversity is being eroded at an unprecedented rate and with it, ancestral knowledge of how to use and conserve biodiversity. This special issue of Participatory Learning and Action explores two important participatory tools that indigenous peoples and local communities can use to help defend their customary rights to biocultural heritage: i) Community protocols--or charters of rules and responsibilities--in which communities set out their customary rights to natural resources and land, as recognised in customary, national and international laws; and ii) Free, prior informed consent (FPIC) processes, in which communities decide whether or not to allow projects affecting their land or resources to go ahead, and on what terms. The issue reviews the experiences of communities in Asia, Latin America and Africa in developing and using these tools in a range of contexts, including: developing mechanisms for access and benefit-sharing (ABS) for genetic resources and traditional knowledge; confronting threats from mining and protected areas; and improving forestry partnerships. It also looks at government experiences of establishing institutional processes for FPIC and benefit-sharing. It identifies practical lessons and guidance based on these experiences and aims to strengthen the capacity of a range of actors to support these rights-based tools effectively in practice. This special issue aims to provide guidance for those implementing the Nagoya Protocol and other natural resource and development practitioners, and to raise awareness of the importance of community designed and controlled participatory processes."--Publisher's description.