Jul 20, 2005

Indigenous Peoples address the Protection of Traditional Knowledge


Mary Simat from the Maasai Community in Kenya stated that the current intellectual property rights do not serve indigenous communities. Current patent laws, for example, do not recognize traditional knowledge and systems of ownership, she said.
Untitled Document

Geneva, July 20 2005
UNPO Secretariat Team

(Cet article est disponible en français)

The second session of the 23rd Working Group on Indigenous Populations reconvened on July 19, 2005 in Room XX of the U.N. Headquarters in Geneva. Indigenous Representatives were once again given an opportunity to articulate their opinions in a public, well-attended forum.

Delegates concluded the General Debate, a good opportunity to address the protection of human rights and fundamental freedoms. Many representatives expressed concern over the militarization and occupation of their lands and various forms of colonialism, discrimination, and ethnic cleansing.

A delegation from Hawaii, representing the Kanaka Maoli indigenous peoples, voiced concern over the increasing military presence in their territory. The Indigenous Peoples and Nations Coalition supported this intervention. With regard to Hawaii’s sovereignty, they quoted: “The United States does not have the right to give us our sovereignty […] our sovereignty is being violated.”

With the conclusion of the General Debate, delegates moved onto the Principal Theme of the conference: “Indigenous Peoples and the International and Domestic Protection of Traditional Knowledge”.

The Chairman heard from delegates from all corners of the globe, each of them expressing situations and potential solutions unique to their respective indigenous communities.

In his opening speech on Day 1, Dzidek Kedzia- the Chief of the Research and Right to Development Branch- communicated the potentially significant contribution of the Working Group on this subject. Referring to the Working Group as a “think-tank” on indigenous issues, he stated that the Office of the High Commissioner for Human Rights (OHCHR) looked forward to working with indigenous peoples on the subject of knowledge protection.


Mary Simat, representing the Maasai Community in Kenya, Narok District, stated that the current intellectual property rights do not serve indigenous communities. “Current patent laws, for example, do not recognize traditional knowledge and systems of ownership”, she said. She called upon the World Intellectual Property Organization (WIPO) and the United Nations Education, Science and Culture Organization (UNESCO) to ensure the participation of indigenous peoples in the protection of knowledge.

The Tebtebba Foundation, represented by Jennifer Corpuz, is an indigenous peoples’ organization that promotes understanding of indigenous peoples and indigenous peoples’ issues and concerns. Corpuz cited several agencies that could play a role in the protection of indigenous knowledge. In her intervention, she suggested that the Working Group and the Permanent Forum on Indigenous Issues could play key roles in the protection of biodiversity in indigenous communities.

Delegates began a discussion on Indigenous Peoples and Conflict Prevention and Resolution. Further debate on this subject will continue on Wednesday, July 20, 2005.