A/HRC/51/28
duty of the State to promote and protect the morals and traditional values recognized by the
community.
19.
Article XIII of the American Declaration of the Rights and Duties of Man also
guarantees the right to culture while the American Declaration on the Rights of Indigenous
Peoples recognizes right of indigenous peoples to cultural identity and integrity in article XIII
and the right to preserve, use, develop, revitalize and transmit to future generations their
systems of knowledge, language, and communication in article XIV. Articles XVI and XVIII
protect indigenous spirituality and health systems and practices respectively. Finally, article
XXVIII protects the cultural heritage and collective intellectual property of indigenous
peoples that “includes, inter alia, traditional knowledge and traditional cultural expressions,
including traditional knowledge associated with genetic resources, ancestral designs and
procedures, cultural, artistic, spiritual, technological, and scientific expressions, tangible and
intangible cultural heritage, as well as knowledge and developments of their own related to
biodiversity and the utility and qualities of seeds, medicinal plants, flora, and fauna”.
E.
Convention on Biological Diversity
20.
The Convention on Biological Diversity (1992) affirms the need to respect, preserve
and maintain the knowledge, innovations and practices of indigenous peoples embodying
traditional lifestyles (art. 8 (j)). 11 The Convention protects biological resources and
recognizes that the projected decline in biodiversity will have a particularly detrimental effect
on indigenous peoples. It recognizes the need to strengthen further the integration of gender,
the role of indigenous peoples and the level of stakeholder engagement and acknowledges
that there has been an increase in recognition of the value of traditional knowledge and
customary sustainable use, both in global policy forums and in the scientific community.
However, despite progress in some countries, there is limited information indicating that
traditional knowledge and customary sustainable use have been widely respected and/or
reflected in national legislation related to the implementation of the Convention, or on the
extent to which indigenous peoples and local communities are effectively participating in
associated processes.12
21.
The Beijing Declaration and Platform for Action adopted at the Fourth World
Conference on Women in 1995 called on Governments to encourage, subject to national
legislation and consistent with the Convention on Biological Diversity, the effective
protection and use of the knowledge, innovations and practices of women of indigenous
communities and safeguard the existing intellectual property rights of those women as
protected under national and international law.13
F.
World Intellectual Property Organization
22.
The World Intellectual Property Organization (WIPO) protects the intellectual
property of indigenous peoples and aims to encourage and empower indigenous peoples to
use intellectual property tools strategically, if they so wish, in order to protect their traditional
knowledge and cultural expressions for their own benefit and in line with their specific social,
cultural and developmental needs.14 A number of WIPO conventions can be used to protect
the intellectual property of indigenous women including the Berne Convention for the
Protection of Literary and Artistic Works (1979); the WIPO Performances and Phonograms
Treaty (1996); and the Beijing Treaty on Audiovisual Performances (2012).
11
12
13
14
6
See also articles 1 and 15.
https://www.cbd.int/gbo/gbo5/publication/gbo-5-spm-en.pdf, pp. 5, 11 and 12.
https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf, para. 253 (c).
See https://www.wipo.int/tk/en/news/tk/2019/news_0006.html.