traditional-knowledge-4770364fd124c459.pdf
Summary
This e-learning guide by Natural Justice introduces the international legal frameworks that recognize and support the traditional knowledge and customary sustainable use of biodiversity by Indigenous peoples and local communities, with a primary focus on the Convention on Biological Diversity (CBD).
Key insights
- The Convention on Biological Diversity (CBD), a binding international treaty adopted in 1992, contains two primary articles that grant rights to Indigenous peoples and local communities: Article 8(j), which focuses on traditional knowledge, innovations, and practices, and Article 10(c), which addresses the customary sustainable use of biodiversity.
- Under Article 8(j), Parties to the CBD are legally obliged to respect, preserve, and maintain traditional knowledge, innovations, and practices, promote their wider application with the approval and involvement of the knowledge holders, and encourage the equitable sharing of benefits arising from their use.
- Article 10(c) obliges CBD Parties to protect and encourage the customary use of biological resources according to traditional cultural practices that are compatible with conservation or sustainable use requirements. This implies a need for security of tenure over traditional territories and respect for customary laws.
- The CBD has adopted several voluntary instruments to guide implementation, including the 2004 Akwé: Kon Guidelines for impact assessments on sacred sites and traditionally occupied lands, the 2004 Addis Ababa Principles and Guidelines for sustainable use, and the 2010 Tkarihwaié:ri Code of Ethical Conduct for researchers.
- Other international frameworks support these rights, such as the voluntary UN Declaration on the Rights of Indigenous Peoples (2007), which allows Indigenous peoples to protect their own intellectual property and genetic resources, and the binding ILO Convention No. 169 (1989), which requires education programs to incorporate Indigenous knowledge and technologies.
- A significant challenge in the CBD framework is that Articles 8(j) and 10(c) only apply to communities whose lifestyles or practices are deemed 'relevant' or 'compatible' with conservation, potentially excluding those displaced or pressured by external forces.
- The document identifies outdated terminology within the CBD, specifically the use of 'indigenous and local communities' instead of 'indigenous peoples' and the word 'preserve' in Article 8(j), which fails to recognize that traditions are constantly changing.
Cite the original document
- APA
- Natural Justice (n.d.). traditional-knowledge-4770364fd124c459.pdf. https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf
- Chicago
- Natural Justice. traditional-knowledge-4770364fd124c459.pdf. n.d. https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf.
- Wikipedia
- {{cite report |author=Natural Justice |title=traditional-knowledge-4770364fd124c459.pdf |url=https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{naturaljusticendtraditionalknowledge4770364fd124c459pdf, author = {{Natural Justice}}, title = {{traditional-knowledge-4770364fd124c459.pdf}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
Full text
Collected · Record updated