Biocolonialism and Indigenous Knowledge in United Nations Discourse

Debra Harry

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Indigenous Peoples' Rights and Law Intellectual Property Law International Maritime Law Issues

Abstract

This article examines the misappropriation of Indigenous knowledge and biological resources within a global site of contestation called biocolonialism. Biocolonialism extends the reach of the colonial process into the biomes and knowledge systems of Indigenous peoples in the search for marketable genetic resources and traditional knowledge. The article focuses on the intersection of international standard-setting debates related to genetic resources and traditional knowledge, and Indigenous peoples’ advocacy in the assertion and protection of their rights in international fora. I argue that Indigenous peoples’ cultural heritage – including our knowledge and biodiversity – should not be subjected to the intellectual property regime and that recognition be given to the prior, inherent and inalienable rights of Indigenous peoples, consistent with our right of self-determination.

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References

2000Protecting Indigenous Knowledge and Heritage 2000Protecting Indigenous Knowledge and Heritage: A Global Challenge 2025The Berne Convention for the Protection of Literary and Artistic Works 20094. International Covenant on Civil and Political Rights 2010Intellectual Property, Biogenetic Resources and Traditional Knowledge 2005Global Biopiracy: Patents, Plants, and Indigenous Knowledge 2003INDIGENOUSHERITAGEANDINTELLECTUALPROPERTY GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE 2010Manual of Patent Examining Procedure

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2019Reflections on the political economy of planetary health 2019“Of Course, Data Can Never Fully Represent Reality”: Assessing the Relationship between “Indigenous Data” and “Indigenous Knowledge,” “Traditional Ecological Knowledge,” and “Traditional Knowledge”2023Collective intellectual property of Indigenous peoples and local communities: Exploring power asymmetries in the rooibos geographical indication and industry-wide benefit-sharing agreement 2022Trust in Scholarly Communications and Infrastructure: Indigenous Data Sovereignty

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