Catálogo de la Colección "Derecho, Economía y Sociedad" Sitio Oficial de la Facultad de Derecho de la Universidad de Buenos Aires

Regulación jurídica de las biotecnologías

Curso dictado por la Dra. Teodora Zamudio

Equipo de docencia e investigación UBA~Derecho

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 Glosario

1- State of retention of the T.B.R.K.


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Regional report: South America

Files:

Presentation References & Acknowledgements

1- State of retention of the T.B.R.K.

2- Identification and assessment of measures and initiatives to protect, promote and facilitate the use of T.B.R.K.

 3- Regional recommendations and targets

Final Draft for the Secretariat of the Convention on Biological Diversity

 by Teodora Zamudio

 

Table of contents of this file:

1.0    Overview – regional issues

1.0.1 Traditional Knowledge holders

1.0.2 Traditional Knowledge. Definitions and related components.

1.1    Plant genetic resources for food and agriculture

1.2    Animals and micro-organisms for food and other purposes

1.3    Traditional medicinal knowledge

1.4    Ecosystem categories:

1.5    Knowledge versus practice

1.6    Feasibility of using Traditional Knowledge to maintain customary purposes

1.7  Summary

 

 

 

1.0                    Overview – regional issues

In the course of processing the information contained in national and thematic reports submitted by the Parties to the Secretariat of the Convention on Biological Diversity, global weaknesses for the suitable retention and protection of the traditional knowledge and practices were revealed. These are, due to a gap in resources and to institutional limitations which jeopardize the implementation or the coordination of measures of preservation and enhancing of traditional knowledge.

Table 1. Reported relevance of the governmental policies and actions in relation with Traditional Biodiversity-Related Knowledge

NATION

Ratification Date

Submitted  Reports

TBRK Relevance

LOW

MDM

HIGH

ARGENTINA

22/11/1994 

First National Report

-

-

-

Second National Report

X

 

 

Thematic Report on Alien and Invasive Species

-

-

-

Thematic Report on Forest Ecosystems

-

-

-

BOLIVIA

03/10/1994 

First National Report

-

-

-

BRASIL 

28/02/1994 

National Biodiversity Strategy and Action Plan

-

-

X

First National Report

-

-

-

CHILE 

09/09/1994  

None report is registred

-

-

-

COLOMBIA

28/11/1994 

National Biodiversity Strategy and Action Plan

-

-

X

First National Report

-

-

-

Thematic Report on Mountain Ecosystems

-

-

-

ECUADOR

23/02/1993 

National Biodiversity Strategy and Action Plan

-

-

-

First National Report

-

-

-

GUYANA

29/08/1994

National Biodiversity Strategy and Action Plan

-

-

-

First National Report

-

-

-

PARAGUAY

24/02/1994

None report is registred

-

-

-

PERÚ

07/06/1993 

National Biodiversity Strategy and Action Plan

 

X

 

First National Report

-

-

-

Second National Report

 

X

 

Thematic Report on Alien and Invasive Species

-

-

-

Thematic Report on Mountain Ecosystems

-

-

-

SURINAME

12/01/1996

None report is registred

-

-

-

URUGUAY

05/11/1993 

National Biodiversity Strategy and Action Plan

-

-

-

First National Report

-

-

-

Second National Report

X

 

 

Thematic Report on Alien and Invasive Species

-

-

-

VENEZUELA

13/09/1994 

None report is registred

-

-

-

 

In spite of the importance of the indigenous presence in this region, there is no corresponding volume of studies and information. Estimations made barely allow to set appropriate figures shown in Table 2. and Graphic 1. Furthermore,  the fragility of the legal status of the indigenous group (e.g., disparity in recognition of indigenous peoples and communities, lack of legal provisions for transboundary ethnic groups) affect the implementation of the measures required to protect their interests and rights over their knowledge and practices.

 

1.0.1 Traditional Knowledge holders

In the South American region, traditional knowledge is a concept mostly associated with the indigenous peoples who have inhabited the territory before the arrival of Europeans.

Following the war of annihilation and slaughter that took place in the first centuries of the Spanish colonization and the postponement and denial of first national governments, in 1999, among the 350 millons Latin American inhabitants, the indigenous populations was estimated in 18 millions; among the approximately 400 ethnic groups, the Quechuas, the Aimaras, the Guaranies, the Paez, the Mapuches and the Guajiros alone surpass the 100 thousands individuals (I.G. - UNAM. 1999)

On the other hand, many other groups consider themselves as local or traditional people though their members are the result of the fusion between aboriginal people with earlier migrants from Africa, Asia and Europe (e.g. Marroon, Creole, Mulatto, Mestizo). Today they are completely integrated to the natural landscape and they have developed costumary practices and cultural specificities. Moreover, they have brought in many species and knowledge on natural resources.

Table 2. Population and Ethnic Groups of the South America Region by Countries (Parties of the CBD)

1.       East Indian a local term - primarily immigrants from northern India

2.       mestizo mixed Amerindian and European

3.       mulato mixed white and black

4.       creole mixed white and black

5.       marrons: their African ancestors were brought to the country in the 17th and 18th centuries as slaves and escaped to the interior probably mixed black and Amerindians

(*) estimated at mid-year

(**) estimation made from national census data

 

The nucleus of the Central Andean zone corresponds to Ecuador, Peru and Bolivia. In terms of interethnic relations, between these three countries there are major historical and cultural similarities. In Peru near 40% of the population is indigenous, in Bolivia more than 50%, and in Ecuador approximately 25%

The fluvial complex formed by the Orinoco-Amazon-Parana watersheds connects almost the total landmass of South American countries. On this territory, indigenous communities of the forest represent a percentage that fluctuates between 1% and 5% of the corresponding national population. In the Amazon area, Native groups reach 2,000,000 inhabitants and retain the 15 % of the territory; they constitute a culturally homogenous but very dispersed and tribal set. In spite of the fact that they constitute small groups, their long and rational adaptation to the tropical forest, the technological and scientific potentialities of their traditional knowledge, and their important range of cultural creations speak of their successful adaptation as  societies, as well as their extraordinary and unmatched qualifications for the preservation of the valuable and irreplaceable amazonian habitat.

The other three significant geographical regions are: the Southern Andes; Patagonia and the Pampas where almost 3 millons of indigenous and mestizo inhabitants occupy under 1% of territories which are extensively subjected to processes of industrialization and western civilization. Globally, the ethnic composition in the South American region may be estimated as shown in the following graphic:

Graphic 1. South America Ethnic Composition.

 

The extintion of indigenous groups and cultures is a historical and continuous process that has been accelerated in recent times.

As an example, in Peru, between 1950 and 1997, 11 aboriginal groups from the Amazon were extinguished (Resígaro, Andoque, Panobo, Shetebo, Angotero, Omagua, Andoa, Aguano, Cholón, Munichi and Taushiro). Out of the 42 still remaining, 18 are in danger of disappearing altogether with less than 225 members left. The rescue of their traditional knowledge has to be achieved through data bases (National Strategy on Biodiversity).

Another important issue is the limitation of access to the non-contacted indigenous communities made by national laws. On the Peruvian territory, a national NGO -Asociación Interétnica de Desarrollo de la Selva Peruana- reported the presence of indigenous groups (the Mashco-Piros (Yine Group), the Murunahua and the Isconahua) that remain voluntarily isolated in the Peruvian Amazon on a surface of aproximately 1.545.283 has. They are governed by the Legistative Decree 22175 ‘Ley de Comunidades Nativas y Desarrollo Agrario de las Regiones de Selva y Ceja de Selva’ promulgated on 1978.

Those groups must be incremented with the rest of isolated communities of the Amazon bassin under other national jurisdictions. All them have low populations (less than 300 members) and are under high risk of extinction (World Bank. 2000) In Brazil the loss of Native environment is estimated between 15 % (Amazonas) to 40 % (Cerrado) and 50 % (Caatinga). This loss translates into a loss of traditional knowledge as well (1st. National Report, 1998)

 

1.0.2 Traditional Knowledge. Definitions and related components.

The concept of ‘Tradition-based knowledge’ refers to knowledge systems, creations, innovations and cultural expressions which:

(a)    have generally been transmitted from generation to generation;

(b)    are generally regarded as pertaining to a particular people or to the traditional territory; and

(c)    are constantly evolving in response to a changing environment.

‘Traditional’, therefore, does not necessarily relate to the nature of the knowledge but to the way in which the knowledge is created, preserved and disseminated. 

It is a means of cultural identification of its holders, so that its preservation and integrity are linked to concerns about the preservation of distinct cultures per se;  and, even if it includes information of a practical or technological character, traditional knowledge has a cultural dimension and a social context that can distinguish it from other forms of scientific or technological information. Indigenous people tend to know about many things. This contrasts with academic circles where people tend to be specialists, knowing a great deal about a few things, and reflect that specilization through classifications and a hierarchies of subject-matters.

Local peoples face a set of interrelated problems and they often attempt to solve them by applying their knowledge in a holistic way. The relationships between the parts and the reasoning behind decisions might not be easily discernible to an outsider. Among its creators, traditional knowledge and practices are divided by holders rather than the subject-matter. Gender and knowledge are linked in many ways, women and men often hold very different skills and different knowledge of local conditions and everyday life.

In southern Venezuela, in the traditional environment of the Piaroa (Wöthibä), men perform the bulk of forest foraging and are more knowledgeable about high forest plants, whereas women are the main agriculturalists and may be more knowledgeable about garden flora (Zent, Stanford; 2001). In addition, older people have different types of knowledge than the young, and religious knowledge about certain natural resources are restricted to particular members of the community; the Guanano from Colombia (Moreno Villa. Jhon Fernando. 2002) illustrate this fact when they distinguish: sacred knowledge (held by the shaman); specialized knowledge; women’s knowledge and cross-sectional knowledge (produced by the exchanges with neighboring groups) as Box 1 shows in more detail :

Box 1.  Traditional Knowledge Classification among the Guanano (Colombia)

(a)          Sacred knowledge: this knowledge talks about the shamanic world. Its objective is to provide physical well-being as well as spiritual; the achievement of that aim occurs through interpretions of the temporal world as much as through means and mechanisms of cognition that can only be held by a qualified person: the Shaman (or the ‘Cumú’, among the Guanano people from Colombia). The transmission of knowledge is highly restricted and any transgression can turn against the shaman himself.

(b)          Specialized knowledge: it is of ‘public dominion’, but for that reason it does not constitute an easy art; it demands certain dedication and as any other discipline requires techniques. In the context of intercultural relations it establishes degrees of reciprocity with the purpose of enriching one’s own culture. Access to this type of knowledge is informal; its transmission occurs in the daily life. The meaning of its components is unique for each culture, nobody can claim exclusivity to it but people as conceived as recipients of a gift of divine nature (e.g. the Way-Masá of the Guanano people from Colombia).

(c)          Women’s knowledge: it is reserved to the female world; so that only women have access to it; we could assert that it is a consequence of the respect to privacy. Its origin is attributed to the great Hycho mother (grandmother of the Guananos), who in former times led women to attain the power to govern men. The function of the knowledge of women relates to giving birth, to the production of cloth and utensils for the kitchen, to secrets on the optimal conditions to handle seeds, their resistance to means and the maximization of the production, to handle the taxonomy of wild plants that can be used by the community, and the handling of the different paintings that serve as additives for the decoration of dresses and the woman’s body.

(d)          Cross-sectional knowledge: the origin of this knowledge derives from a collective production within the same territory; the interface with neighboring groups is free under the premise of the good one to live. Its function is to serve like a drive to interethnic dialogue projecting the expectation to establish eternal solidarity between the indigenous peoples. Cross-sectional knowledge occurs in the social realm. The belief that exists among members of the community is that the knowledge must be socialized; As in any culture, the purpose is to maintain and protect reserves from non-indigenous cultures, and to avoid cultural erosion.

Source: Moreno Villa. J.F.. (2002) (2003). Conocimiento tradicional en la etnia Guanano: formación y control. Revista Biodiversidad. GRAIN. June 2002. http://www.grain.org/sp/publications/biodiv32-2-villa.cfm. Cuadernos de Bioética N° 10 Ed Ad Hoc.. Argentina. February 2003. [Original in Spanish; traslation by the author of this paper].

 

Religion is another important component; it is an integral part of indigenous knowledge and cannot easily be separated from technical knowledge. Incidentally, aboriginal nomenclatures for living organisms do not always correspond to the scientific or botanical ones, and there is not a radical distinction between living organisms (including human beings) (Fleury, M.; 1999). The classification and hierachies of elements and organisms of the natural world are given by the power of their spiritual ‘double beings’ and they are far from being translatable into a scientific taxonomy (Descola, P.; 1996). So, trying to expose the subject-matter of traditional knowledge into a fragmentary scheme is not only a difficult task but also a way to move away from the desired goal.

Traditional knowledge has also been linked to language; and retention of the former is a reliable indicator of the conservation of the latter and vice versa. It appears that acquiring a superior command of the Spanish language also contributes significantly to diminishing the knowledge of plant names and plant-naming competences, which are indicators of correct knowledge of use. This type of links gives added meanings to the analyses of the status of retention of traditional biodiversity-related knowledge by demonstrating the practical importance of developing adequate perceptual and taxonomic categorization skills; young people who fail to learn how to identify plant taxa are likely to be unable to specify how plant can be used effectively (Zent, S; 2001). From Table 3. It may be inferred that traditional biodiversity-related knowledge might be endangered in contexts where traditional languages face near extinction. Language retention status would then become a significant predictor of loss in retention of TBRK.

Table 3.  Languages nearly extinct, only a few elderly speakers are still living

Source:

S.I.L. 1998 if  no other is indicated

 

COUNTRY

LANGUAGE

SPEAKERS

COMMENTS

SOURCE

ARGENTINA

Ona.

1 to 3

in Tierra del Fuego

(1991 Adelaar)

 

Puelche.

5 or 6

extinct in Chile

 

 

Tehuelche.

30

 

(1983 Casamiquela, in Clairis).

 

Vilela

 

five families

 

BOLIVIA

Baure.

300

 

 

 

Itonama.

110

in ethnic group in 1969

 

Leco.

200

possibly some others out of the ethnic group

(1996 W. Adelaar)

 

Movima.

1.000

 

(1976 SIL).

 

Pacahuara.

 

individuals in one family

(1986 SIL).

 

Pauserna.  

25 to 30

 

(1991 Adelaar).

 

Reyesano.

1.000

estimated

 

 

Uru.

5 to 10

 

(1998 R. Olson SIL)

BRAZIL

Anambé.

84

incluiding 7 out of the ethnic group

 

Arikapú.

6

 

(1998 SIL).

 

Aruá.

12

 

(1990 YWAM).

 

Arutani.

17

 

(1986 SIL).

 

Jabutí.

5