The need to harmonize activities affecting indigenous peoples within the United Nations system 2012, para. 59
Paragraph- Paragraph text
- With respect to provisions regarding the traditional knowledge of indigenous peoples, the Nagoya Protocol states, importantly, that States parties to the Protocol "shall take the legislative, administrative or policy measures" necessary to ensure that benefits arising from the utilization of traditional knowledge associated with genetic resources are shared in a fair and equitable way with indigenous and local communities (article 5.5). The article further states that such sharing of benefits shall take place on mutually agreed terms. Additionally, under article 7, parties are to take measures to ensure that traditional knowledge associated with genetic resources held by indigenous and local communities is accessed with their prior and informed consent, or approval and involvement. These articles are viewed as containing positive aspects in that they indicate an implicit recognition of indigenous peoples as the holders of rights to their traditional knowledge and also require that prior and informed consent be obtained in relation to access to that knowledge. However, the qualifier "where appropriate" in both articles, and the condition "in accordance with domestic law" under article 7, has been met with criticism by indigenous peoples, especially in some countries where domestic laws are weak in this regard.
- 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
- 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. 59.
- Paragraph number
- 59
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