Indigenous peoples, consent, and benefit sharing : lessons from the San-Hoodia Case

__Indigenous Peoples, Consent and Benefit Sharing__ is the first in-depth account of the __Hoodia__ bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-__Hoodia__ case. While much of the focus is on bioprospecting and natural product development, __Indigenous Peoples, Consent and Benefit-Sharing__ also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. __‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’__ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University __‘This book arrives at a critical juncture in the history of genetic resource use and policymaking - not only in southern Africa, but across that continent and, indeed, around the world. ABS Regime negotiators would do well to study closely the pages of this insightful and provocative volume.’__ Timothy J. Hodges, Co-Chair UN CBD Working Group on Access and Benefit Sharing of Genetic Resources (ABS) __‘A timely study of the way in which the key elements of the CBD relating to access to genetic resources - prior informed consent, benefit sharing - may, or may not, work in the real world, especially as it relates to the knowledge and innovations of indigenous peoples and local communities. Analytical, in-depth and insightful. An excellent work of scholarship.’__ Gurdial Nijar, Director of the Centre of Excellence for Biodiversity Law [CEBLAW], Professor of Law, University of Malaya; Lead negotiator for Malaysia and the Like-Minded Megadiverse countries (LMMC) for The International ABS Regime __‘This is an eagerly anticipated book, extremely well researched, and uncovering in great detail many interesting issues that will be extremely valuable for the entire indigenous plant and traditional knowledge research and commercialisation fraternity – not only in southern Africa but worldwide.’__ Cyril Lombard, Marketing Manager, PhytoTrade Africa Indigenous Peoples, Consent And Benefit Sharing Is The First In-depth Account Of The Hoodia Bioprospecting Case And Use Of San Traditional Knowledge, Placing It In The Global Context Of Indigenous Peoples’ Rights, Consent And Benefit-sharing. It Is Unique As The First Interdisciplinary Analysis Of Consent And Benefit Sharing In Which Philosophers Apply Their Minds To Questions Of Justice In The Convention On Biological Diversity (cbd), Lawyers Interrogate The Use Of Intellectual Property Rights To Protect Traditional Knowledge, Environmental Scientists Analyse Implications For National Policies, Anthropologists Grapple With The Commodification Of Knowledge And, Uniquely, Case Experts From Asia, Australia And North America Bring Their Collective Expertise And Experiences To Bear On The San-hoodia Case.^ While Much Of The Focus Is On Bioprospecting And Natural Product Development, Indigenous Peoples, Consent And Benefit-sharing Also Draws Important Lessons About Informed Consent And Benefit-sharing From The Health Sciences And Sectors Such As Mining. Policymakers Around The World Are Under Significant Pressure To Resolve The Challenges Of Implementing The Cbd. This Book’s Analysis And Recommendations Will Help Them. ‘it Is Good To See Philosophers Engaging With The Un Convention On Biological Diversity, And Doing So By Looking In Depth At A Real Situation In Which It Has Been Invoked.’ Peter Singer, Ira W. Decamp Professor Of Bioethics In The University Center For Human Values, Princeton University ‘this Book Arrives At A Critical Juncture In The History Of Genetic Resource Use And Policymaking - Not Only In Southern Africa, But Across That Continent And, Indeed, Around The World.^ Abs Regime Negotiators Would Do Well To Study Closely The Pages Of This Insightful And Provocative Volume.’ Timothy J. hodges, Co-chair Un Cbd Working Group On Access And Benefit Sharing Of Genetic Resources (abs) ‘a Timely Study Of The Way In Which The Key Elements Of The Cbd Relating To Access To Genetic Resources - Prior Informed Consent, Benefit Sharing - May, Or May Not, Work In The Real World, Especially As It Relates To The Knowledge And Innovations Of Indigenous Peoples And Local Communities. Analytical, In-depth And Insightful.^ An Excellent Work Of Scholarship.’ Gurdial Nijar, Director Of The Centre Of Excellence For Biodiversity Law [ceblaw], Professor Of Law, University Of Malaya; Lead Negotiator For Malaysia And The Like-minded Megadiverse Countries (lmmc) For The International Abs Regime ‘this Is An Eagerly Anticipated Book, Extremely Well Researched, And Uncovering In Great Detail Many Interesting Issues That Will Be Extremely Valuable For The Entire Indigenous Plant And Traditional Knowledge Research And Commercialisation Fraternity – Not Only In Southern Africa But Worldwide.’ Cyril Lombard, Marketing Manager, Phytotrade Africa Dedication. Foreword. Preface. Acknowledgements. List Of Contributors. List Of Acronyms. List Of Boxes. List Of Figures. List Of Tables -- Part 1: Community Consent And Benefit Sharing – The Context. 1. Introduction. 2. Justice And Benefit Sharing. 3. Informed Consent: From Medical Research To Traditional Knowledge. 4. Protecting The Rights Of Indigenous Peoples: Can Prior Informed Consent Help? 5. Bioprospecting, Access And Benefit Sharing: Revisiting The Grand Bargain -- Part 2: Learning From The San. 6. Green Diamonds Of The South: An Overview Of The San-hoodia Case. 7. Policies For Sharing Benefits From Hoodia. 8. The Struggle For Indigenous Peoples’ Land Rights: The Case Of Namibia. 9. Speaking For The San: Challenges For Representative Institutions. 10. Trading Traditional Knowledge: San Perspectives From South Africa, Namibia And Botswana. 11. Putting Intellectual Property Rights Into Practice: Experiences From The San. 12. Sharing Benefits Fairly: Decision-making And Governance -- Part 3: Reflections. 13. The Role Of Scientists And The State In Benefit Sharing: Comparing Institutional Support For The San And The Kani. 14. The Law Is Not Enough: Protecting Indigenous Peoples’ Rights Against Mining Interests In The Philippines. 15. Benefit Sharing Is No Solution To Development: Experiences From Mining On Aboriginal Land In Australia. 16. Human Research Ethics Guidelines As A Basis For Consent And Benefit Sharing: A Canadian Perspective. 17. The Limitations Of Good Intent: Problems Of Representation And Informed Consent In Chiapas -- Part 4: Conclusions And Recommendations. 18. Conclusions And Recommendations: Towards Best Practice For Community Consent And Benefit Sharing.-index. Rachel Wynberg, Doris Schroeder, Roger Chennells, Editors. Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San- Hoodia case. While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University ‘This book arrives at a critical juncture in the history of genetic resource use and policymaking - not only in southern Africa, but across that continent and, indeed, around the world. ABS Regime negotiators would do well to study closely the pages of this insightful and provocative volume.’ Timothy J. Hodges, Co-Chair UN CBD Working Group on Access and Benefit Sharing of Genetic Resources (ABS) ‘A timely study of the way in which the key elements of the CBD relating to access to genetic resources - prior informed consent, benefit sharing - may, or may not, work in the real world, especially as it relates to the knowledge and innovations of indigenous peoples and local communities. Analytical, in-depth and insightful. An excellent work of scholarship.’ Gurdial Nijar, Director of the Centre of Excellence for Biodiversity Law [CEBLAW], Professor of Law, University of Malaya; Lead negotiator for Malaysia and the Like-Minded Megadiverse countries (LMMC) for The International ABS Regime ‘This is an eagerly anticipated book, extremely well researched, and uncovering in great detail many interesting issues that will be extremely valuable for the entire indigenous plant and traditional knowledge research and commercialisation fraternity – not only in southern Africa but worldwide.’ Cyril Lombard, Marketing Manager, PhytoTrade Africa Front Matter....Pages i-xxxiii Introduction....Pages 3-10 Justice and Benefit Sharing....Pages 11-26 Informed Consent: From Medical Research to Traditional Knowledge....Pages 27-51 Protecting the Rights of Indigenous Peoples: Can Prior Informed Consent Help?....Pages 53-67 Bioprospecting, Access and Benefit Sharing: Revisiting the ‘Grand Bargain’....Pages 69-86 Green Diamonds of the South: An Overview of the San- Hoodia Case....Pages 89-124 Policies for Sharing Benefits from Hoodia ....Pages 127-141 The Struggle for Indigenous Peoples' Land Rights: The Case of Namibia....Pages 143-163 Speaking for the San: Challenges for Representative Institutions....Pages 165-190 Trading Traditional Knowledge: San Perspectives from South Africa, Namibia and Botswana....Pages 193-209 Putting Intellectual Property Rights into Practice: Experiences from the San....Pages 211-229 Sharing Benefits Fairly: Decision-Making and Governance....Pages 231-257 The Role of Scientists and the State in Benefit Sharing: Comparing Institutional Support for the San and Kani....Pages 261-270 The Law is not Enough: Protecting Indigenous Peoples' Rights Against Mining Interests in the Philippines....Pages 271-284 Benefit Sharing is No Solution to Development: Experiences from Mining on Aboriginal Land in Australia....Pages 285-302 Human Research Ethics Guidelines as a Basis for Consent and Benefit Sharing: A Canadian Perspective....Pages 303-314 The Limitations of Good Intent: Problems of Representation and Informed Consent in the Maya ICBG Project in Chiapas, Mexico....Pages 315-331 Conclusions and Recommendations: Towards Best Practice for Community Consent and Benefit Sharing....Pages 335-350 Back Matter....Pages 351-363