Shaping the Convention on Biological Diversity: The Rising Importance of Indigenous Peoples within the Nagoya Protocol on Access and Benefit-Sharing
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In: Non-State Actors and International Obligations: Creation, Evolution and Enforcement ; Summers J, Gough A (2018 ; Leiden / Boston ; Brill Nijhoff) ; This chapter illustrates how the novelties introduced by the Nagoya Protocol to the CBD contribute to strengthen the role of indigenous peoples in implementing the Convention’s objective to realise benefit-sharing. Three obligations testify to this increased role. First, Parties must adopt national measures to ensure that consent (or approval and involvement) of indigenous peoples is obtained when accessing their genetic resources or associated traditional knowledge. Second, Parties must take into account indigenous legal frameworks (i.e. indigenous community protocols and customs) when implementing the provisions on traditional knowledge. Third, Parties must ensure that mutually agreed terms are concluded with indigenous peoples to define the conditions of benefit-sharing when such benefits derive from the utilisation of indigenous genetic resources or associated traditional knowledge. This chapter addresses each of these aspects, also highlighting how the rights of indigenous peoples protected under human rights law fill the interpretative gaps still contained in the Protocol.