The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 60
Paragraph- Paragraph text
- Provisions of the Nagoya Protocol regarding genetic resources have been slightly more problematic in relation to the rights of indigenous peoples. In particular, the Protocol states that parties shall take measures, again with the qualifier "as appropriate", to ensure that benefits arising from the utilization of genetic resources held by indigenous and local communities, in accordance with domestic legislation on the rights of these communities, are equitably shared (article 5.2). As regards the sharing of benefits in relation to the use of genetic resources, the Protocol similarly requires that the parties take measures to ensure that the prior and informed consent, or approval and involvement of indigenous and local communities be obtained, but adds "where they have the established right to grant access to such resources" (article 6.2). Concern has been expressed that the reference to established rights in accordance with domestic legislation in these articles could be interpreted to suggest that the rights of indigenous peoples to genetic resources can only be established by domestic law, not international law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Other
- Reference
- SR Indigenous Peoples, Report to the UNGA (2012), A/67/301, para. 60.
- Paragraph number
- 60
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Date added
75 relationships, 75 entities