Commission on Human Rights
Sub-Commission of Prevention of
Discrimination and Protection of Minorities
Working Group on Indigenous Populations
19-30 July 1993
First International Conference on the
Cultural & Intellectual Property Rights of Indigenous Peoples
Whakatane, 12-18 June 1993 Aotearoa, New Zealand
June 1993
In recognition that 1993 is the United Nations International Year for the World's Indigenous Peoples;
The Nine Tribes of Mataatua in the Bay of Plenty Region of Aotearoa New
Zealand convened the First
International Conference on the Cultural and Intellectual Property Rights
of Indigenous Peoples. (12-18 June 1993,
Whakatane).
Over 150 delegates from fourteen countries attended, including indigenous
representatives from Ainu (Japan),
Australia, Cook Islands, Fiji, India, Panama, Peru, Philippines, Surinam,
USA, and Aotearoa.
The Conference met over six days to consider a range of significant issues,
including; the value of indigenous
knowledge, biodiversity and biotechnology, customary environmental management,
arts, music, language and
other physical and spiritual cultural forms. On the final day, the following
Declaration was passed by the Plenary.
PREAMBLE
Recognising that 1993 is the United Nations International Year for the World's Indigenous Peoples;
Reaffirming the undertaking of United Nations Member States to-
"Adopt or strengthen appropriate policies and/or legal instruments that
will protect indigenous intellectual and
cultural property and the right to preserve customary and administrative
systems and practices." - United Nations
Conference on Environmental Development; UNCED Agenda 21 (26.4b);
Noting the Working principles that emerged from the United Nations Technical
Conference on Indigenous
Peoples and the Environment in Santiago. Chile from 18 - 22 May 1992 (E/CN.4/Sub.
2/1992131);
Endorsing the recommendations on Culture and Science from the World Conference
of Indigenous Peoples on
Territory, Environment and Development Kari-Oca, Brazil, 25 - 30 May' 1992;
Declare that Indigenous Peoples of the world have the right to self determination
and in exercising that right must
be recognised as the exclusive owners Of their cultural and intellectual
property
Acknowledge that Indigenous Peoples have a commonality of experiences relating
to the exploitation of their
cultural and intellectual property'
Affirm that the knowledge of the Indigenous Peoples of the world is of benefit to ail humanity;
Recognise that Indigenous Peoples are capable of managing their traditional
knowledge themselves, but are
willing to offer it to all humanity provided their fundamental rights to
define and control this knowledge are
protected by the international community'
Insist that the first beneficiaries of indigenous knowledge (cultural and
intellectual property rights) must be the
direct indigenous descendants of such knowledge;
Declare that all forms of discrimination and exploitation of indigenous
peoples, indigenous knowledge and
indigenous cultural and intellectual property rights must cease.
1. RECOMMENDATIONS TO INDIGENOUS PEOPLES
In the development of policies and practices, indigenous peoples should:
1.1 Define for themselves their own intellectual and cultural property.
1.2 Note that existing protection mechanisms are insufficient for the protection
of Indigenous Peoples Intellectual
and Cultural Property Rights.
1.3 Develop a code of ethics which external users must observe when recording
(visual, audio, written) their
traditional and customary knowledge.
1.4 Prioritise the establishment of indigenous education, research and
training centres to promote their knowledge
of customary environmental and cultural practices.
1.5 Reacquire traditional indigenous lands for the purpose of promoting customary agricultural production.
1.6 Develop and maintain their traditional practices and sanctions for
the protection, preservation and
revitalization of their traditional intellectual and cultural properties.
1.7 Assess existing legislation with respect to the protection of antiquities.
1.8 Establish an appropriate body with appropriate mechanisms to:
a) preserve and monitor the commercialism or otherwise of indigenous cultural
properties in the
public domain
b) generally advise and encourage indigenous peoples to take steps protect their cultural heritage
c) allow a mandatory consultative process with respect to any new legislation
affecting indigenous
peoples cultural and intellectual property rights.
1.9 Establish international indigenous information centres and networks.
1.10 Convene a Second International Conference (Hui) on the Cultural and
intellectual Property Rights of
Indigenous Peoples to be hosted by the Coordinating Body for the Indigenous
Peoples Organisations of the
Amazon Basin (COICA).
2. RECOMMENDATIONS TO STATES, NATIONAL AND INTERNATIONAL AGENCIES
In the development of policies and practices, States, National and International Agencies must
2.1 Recognise that indigenous peoples are the guardians of their customary
knowledge and have the right to
protect and control dissemination of that knowledge.
2.2 Recognise that indigenous peoples also have the right to create new knowledge based on cultural traditions.
2.3 Note that existing protection mechanisms are insufficient for the protection
of Indigenous Peoples Cultural and
Intellectual Property Rights.
2.4 Accept that the cultural and intellectual property rights of indigenous
peoples are vested with those who
created them.
2.5 Develop in full co-operation with indigenous peoples an additional
cultural and intellectual property rights
regime incorporating the following:
collective (as well as individual) ownership and origin
retroactive coverage of historical as well as contemporary works
protection against debasement of culturally significant items
cooperative rather than competitive framework
first beneficiaries to be the direct descendants of the traditional guardians
of that knowledge
multi-generational coverage span
BIODIVERSITY AND CUSTOMARY ENVIRONMENTAL MANAGEMENT
2.6 Indigenous flora and fauna is inextricably bound to the territories
of indigenous communities and any property
right claims must recognise their traditional guardianship.
2.7 Commercialization of any traditional plants and medicines of Indigenous
Peoples, must be managed by the
indigenous peoples who have inherited such knowledge.
2.8 A moratorium on any further commercialisation of indigenous medicinal
plants and human genetic materials
must be declared until indigenous communities have developed appropriate
protection mechanisms.
2.9 Companies, institutions both governmental and private must not undertake
experiments or commercialisation
of any biogenetic resources without the consent of the appropriate indigenous
peoples.
2.10 Prioritise settlement of any outstanding land and natural resources
claims of indigenous peoples for the
purpose of promoting customary, agricultural and marine production.
2.11 Ensure current scientific environmental research is strengthened by
increasing the involvement of indigenous
communities and of customary environmental knowledge.
CULTURAL OBJECTS
2.12 All human remains and burial objects of indigenous peoples held by
museums and other institutions must be
returned to their traditional areas in a culturally appropriate manner.
2.13 Museums and other institutions must provide, to the country and indigenous
peoples concerned, an inventory
of any indigenous cultural objects still held in their possession.
2.14 Indigenous cultural objects held in museums and other institutions
must be offered back to their traditional
owners.
3. RECOMMENDATIONS TO THE UNITED NATIONS
In respect for the rights of indigenous peoples, the United Nations should:
3.1 Ensure the process of participation of indigenous peoples in United
Nations fora is strengthened so their
views are fairly represented.
3.2 Incorporate the Mataatua Declaration in its entirety in the United
Nations Study on Cultural and Intellectual
Property of Indigenous Peoples.
3.3 Monitor and take action against any States whose persistent policies
and activities damage the cultural and
intellectual property rights of indigenous peoples.
3.4 Ensure that indigenous peoples actively contribute to the way in which
indigenous cultures are incorporated
into the 1995 United Nations International Year of Culture.
3.5 Call for an immediate halt to the ongoing 'Human Genome Diversity Project'
(HUGO) until its moral, ethical,
socio-economic, physical and political implications have been thoroughly
discussed, understood and approved
by indigenous peoples.
4. CONCLUSION
4.1 The United Nations, International and National Agencies and States
must provide additional funding to
indigenous communities in order to implement these recommendations.