Indigenous Peoples, Consent and Benefit Sharing: Lessons by Rachel Wynberg, Doris Schroeder, Roger Chennells

By Rachel Wynberg, Doris Schroeder, Roger Chennells

Indigenous Peoples, Consent and gain Sharing is the 1st in-depth account of the Hoodia bioprospecting case and use of San conventional wisdom, putting it within the worldwide context of indigenous peoples’ rights, consent and benefit-sharing. it really is designated because the first interdisciplinary research of consent and profit sharing during which philosophers follow their minds to questions of justice within the conference on organic range (CBD), legal professionals interrogate using highbrow estate rights to guard conventional wisdom, environmental scientists examine implications for nationwide rules, anthropologists grapple with the commodification of information and, uniquely, case specialists from Asia, Australia and North the USA convey their collective services and stories to undergo at the San-Hoodia case.

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Extra info for Indigenous Peoples, Consent and Benefit Sharing: Lessons from the San-Hoodia Case

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Wynberg et al. and heritage, but that indigenous peoples need to be proactive in asserting their own rights and using the existing laws and tools at their disposal. Understanding how decisions were made by the San in the Hoodia case and how decision-making and governance structures vary between bioprospectors and indigenous communities is essential for the implementation of ef fective benef it sharing. Drawing on academic literature as well as intervie ws undertaken in South Africa, Wynberg, Schroeder, Samantha Williams and Vermeylen show in Chapter 12 that decision-making processes in benef it-sharing negotiations vary significantly from party to party.

Re gional strategies to control ille gal trade, develop benefitsharing approaches, obtain prior informed consent from communities and cooperate on value-adding and marketing are vital constituents of a viable industry, especially in the face of increasing international competition. One of the policies that dif fer between countries with San populations is support for land claims. While South Africa is broadly supporti ve of San land rights and has transferred six Kalahari f arms to the San as part of its land reform programme, the San continue to be dispossessed of land in Botsw ana and encounter difficulties in realizing their land claims in Namibia.

It is not immediately ob vious why the plant genetic material should belong to Brazil or other countries which host the species, rather than to humankind. This claim requires further substantiation and an excursion into the justification of social rules. 1 NaturalRights Versus Social Utility Human beings live with rules: moral rules (‘do not kill’), etiquette (‘do not speak with your mouth full’), prudential rules (‘avoid sugar if you suffer from diabetes’), legal rules (‘do not run a red light’) and so on.

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