A/HRC/51/28
issue in the African context.8 The Expert Mechanism on the Rights of Indigenous Peoples has
studied indigenous knowledge in relation to cultural heritage.9
B.
Terminology
8.
The terminology “scientific and technical knowledge” is used in lieu of the more
common “traditional” or “customary” knowledge in response to calls to avoid language that
devalues the ideas of indigenous peoples. Historically, indigenous knowledge has been
viewed as primitive, inferior, unscientific, superstitious or even dangerous. Characterizing
indigenous knowledge as “scientific and technical” emphasizes that it is based on
observations and is contemporary and dynamic, not static and fixed in time. It further
emphasizes indigenous knowledge as a sophisticated set of understandings of no less value
than the other kinds of knowledge that often form the foundation of “western” science. For
example, scientists are now calling for the recognition and support of indigenous scientific
knowledge systems to preserve natural resources and mitigate against climate change.
9.
The present report uses quotations or refers to legal norms that retain the terminology
used in the cited texts at the time they were drafted. In such cases, the shift in terminology
set out above may not be reflected.
C.
Gender focus
10.
Despite increasing attention paid by international bodies to indigenous knowledge and
culture, no United Nations study has previously examined the topic from a gender-based
perspective. While recognizing and not diminishing the contributions of men in developing
and perpetuating knowledge, such a study is necessary to highlight the unique challenges
faced by indigenous women in retaining and revitalizing their role as knowledge keepers.
The focus of the present study also fulfils the duty of special procedure mandate holders to
take account of gender in carrying out their work.10
11.
In addition, in resolution 42/20, the Human Rights Council mandated the Special
Rapporteur to pay special attention to the human rights and fundamental freedoms of
indigenous children and women, and to take into account a gender perspective in the
performance of the mandate.
12.
Discrimination against indigenous women hinders equal access to lands and
resources, limits development opportunities and restricts women’s participation in decisionmaking processes. The imposition of male-dominated colonial structures on indigenous
women has often undermined and marginalized their status as bearers of unique knowledge
and custodians of biodiversity. The Special Rapporteur focuses on women because their role
in developing, transmitting, producing and applying knowledge continues to be hindered by
racism, gender discrimination and violence.
IV. International legal framework
13.
The development, application, preservation and transmission of indigenous women's
knowledge is inextricably linked to the way they use their territory, lands and resources.
Indigenous knowledge is transmitted through indigenous languages, storytelling, collective
practices and ceremonies. For that reason, the recognition and legal protection of indigenous
scientific knowledge is required to protect the collective dimension of its manifestation and
the loci of its production. In that context, the protection of collective indigenous rights, such
as the rights to self-determination, autonomy, lands and resources, is foundational to
protecting indigenous knowledge effectively. Also, the protection of indigenous women’s
knowledge operationalizes the right to be free from assimilation, as established in several
8
9
10
4
E/C.19/2013/5 and E/C.19/2014/2.
A/HRC/30/53.
See “Manual of operations of the special procedures of the Human Rights Council” (August 2008).