A/HRC/4/32
page 14
55.
Also victims of abuse and violations in Mexico are indigenous peasant farmers in the
State of Guerrero who oppose the La Parota dam project in their territory, which the State insists
on carrying out without the population’s free consent. A court has instructed the Government to
desist from the construction of infrastructure works in this area until the conflict has been
resolved through negotiation, but the authorities have ignored the injunction and are going ahead
with road building as part of the dam project, to which many villagers are opposed.
56.
In the Philippines there have been reports of numerous cases - still not clarified - of
murders of human rights defenders, social activists and indigenous community leaders. In
Guatemala, violence and insecurity in indigenous regions continue to cause concern to the
human rights and international community. In Chile, Mapuche communities continue to have
their houses searched and to be abused by the police. Similar reports are heard from the
Chittagong region of Bangladesh and from countries in South-East Asia concerning persistent
disputes between the State and the indigenous highlanders over ownership and control of natural
resources.
57.
These events illustrate once again the tendency of some governments to criminalize
social protest in favour of the legitimate claims of the indigenous populations, a phenomenon the
Special Rapporteur has already mentioned in many of his reports. The Special Rapporteur
recommends that States should scrupulously respect the rights and guarantees of indigenous
populations, as part of their international commitments, and that these people’s legitimate
demands in respect of their legitimate rights should not be criminalized.
H. Intellectual property rights
58.
Indigenous people’s traditional knowledge, biological resources, innovations and
practices have never been properly defined or protected at the national and international levels.
A case in point is their traditional herbal lore, which is today being used by pharmaceutical
companies to develop modern medicines, or their non-copyrighted indigenous music that is
reproduced in the media without any recognition of their authors’ rights. Given the frequently
collective and ancestral possession of traditional knowledge, the current legal intellectual
property regime does not adequately protect indigenous populations.
59.
The Convention on Biological Diversity contains several provisions that are important for
indigenous people and refer to respect for and preservation of traditional lore and the indigenous
populations’ innovations and practices for the conservation and sustainable use of biological
diversity. It also establishes that benefits deriving from the use of traditional knowledge must be
shared with the indigenous communities. At the suggestion of the Permanent Forum on
Indigenous Issues, there are plans to formulate the basic principles for a code of ethics and
conduct for ensuring respect for the indigenous peoples’ cultural heritage for the conservation
and sustainable use of biological diversity.
60.
There are 11 organizations of the United Nations system currently engaged in activities
relating to the cultural heritage and traditional lore of the indigenous peoples in different
international legal systems. These include the working groups on article 8 (j) of the Convention
on Biological Diversity and on access and benefit-sharing in connection with the implementation
of the Convention; the Intergovernmental Committee on Intellectual Property and Genetic