Implementation of the Nagoya Protocol in Australia: Aboriginal and Torres Strait Islander peoples’ governance of traditional knowledge and the roles and functions of incorporated community organisations
- Publication Type:
- Thesis
- Issue Date:
- 2021
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Aboriginal and Torres Strait Islander peoples have developed knowledges in connection with their local environments for millennia, but this knowledge is not adequately protected under existing legal frameworks in Australia. Knowledge of the properties of flora and fauna is used as a pathfinder for developing products and processes using genetic resources and derivates without requiring consent from Aboriginal and Torres Strait Islander communities or benefit-sharing on mutually agreed terms. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (‘Nagoya Protocol’) is a supplementary and legally binding instrument to the Convention on Biological Diversity that operationalises access to biological and genetic resources and the utilisation of associated traditional knowledge in a fair and equitable way. The Nagoya Protocol obliges Parties to introduce measures aiming to ensure approval is obtained from Indigenous and local communities with prior informed consent or approval for utilisation of their knowledge upon mutually agreed terms. This thesis is a study of the legal governance structures and procedures of incorporated community organisations used by Aboriginal and Torres Strait Islander people to facilitate decision-making for sharing and protecting traditional knowledge with case studies. This thesis argues for a rights-based approach to access and benefit-sharing predicated on effective participation of Aboriginal and Torres Strait Islander people in decision-making for self-determination.
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