Identifying and Preventing Biopiracy in Australia: patent landscapes and legal geographies for plants with Indigenous Australian uses

There are legal and moral imperatives to protect biological resources and the ‘traditional knowledge’ associated with them. These imperatives derive from complex legal geographies: international law (such as the Convention on Biological Diversity and the Nagoya Protocol), State and federal laws, Indigenous customary law, codes of ethics and research protocols. This paper reports on a ‘patent landscape’ analysis of patents that refer to Australian plant species for which there is Indigenous Australian knowledge. We have identified several patents of potential new biopiracy concern. The paper highlights the way in which actors can gain private property monopolies over biological resources and associated traditional knowledge, even though there are overlapping sovereign rights and Indigenous rights claims. Regulatory gaps need to be closed nationally to fully govern the diverse human–plant bio-geographies in Australia. Further, Indigenous laws and governance have largely been ignored by these actors. We suggest that the introduction of ‘disclosure of origin’ requirements in patent applications, sui generis Indigenous knowledge protections, the development of biocultural protocols, and a more nationally consistent system for ‘access and benefit-sharing’ are required to ensure more ‘fair and equitable’ use of plants and Indigenous knowledge in/from Australia, and to ensure the recognition of Indigenous rights to knowledge.     

The Retention,Revival, and Subjugation of Indigenous Fire Knowledge through Agency Fire Fighting in Eastern Australia and California

This article explores the potential impact of training and employment with wildfire management agencies on the retention of Indigenous fire knowledge. It focuses on the comparative knowledge and experiences of Indigenous Elders, cultural practitioners, and land stewards in connection with “modern” political constructs of fire in New South Wales and Queensland, Australia, and California in the United States of America. This article emphasises the close link between cross-cultural acceptance, integration of Indigenous and agency fire cultures, and the ways in which knowledge types are shared or withheld. While agency fire fighting provides an opportunity for Indigenous people to connect and care for country, it simultaneously allows for the breaking of traditional rules surrounding what knowledge is shared with whom in the context of Indigenous cultural burning. By highlighting how privilege intersects with ethnicity, class, gender and age, this article demonstrates how greater cross-cultural acceptance could aid ongoing debates on how to coexist with wildfire today.     

The politics of greening unceded lands in the settler city

ABSTRACT

Urban greening is a buzz term in urban policy and research settings in Australia and elsewhere. In a context of settler colonial urbanism, like Australia, a first fact becomes clear: urban greening is always being practiced on unceded Indigenous lands. Recognising this requires some honest reckoning with how this latest urban policy response perpetuates dispossessory settler-colonial structures. In this paper, we listen to the place-based ontologies of the peoples and lands from where we write to inform understanding the city as an always already Indigenous place – a sovereign Aboriginal City. In so doing, the paper tries to practice a way of creating more truthful and response-able urban knowledge practices. We analyse three distinct areas of scholarly research that are present in the contemporary literature: urban greening and green infrastructure; urban political ecology; and more-than-human cities. When placed in relationship of learning with the sovereign Aboriginal City, our analysis finds that these scholarly domains of urban greening work to re-organise colonial power relations. The paper considers what work the practice and scholarship of ‘urban greening’ might need to do in order to become response-able and learn to learn with Indigenous sovereignties and ontologies.     

Damming Knowledge Flows: POWER as a Constraint on Knowledge Pluralism in River Flow Decision-making in the Saskatchewan River Delta

Rivers and dams are increasingly contested venues where knowledge pluralism is critical for effective governance. To navigate change, decision-makers can adopt culturally-sensitive interventions to address the needs of diverse stakeholders and rights holders. Calls for Indigenous flows have become important as dam operators seek to renew their legal and social licenses to operate. Knowledge pluralism is needed to enhance decision-making about flows that better address complexity and change to Indigenous livelihoods and cultural practices. However, leveraging diverse knowledge types to inform these interventions is not simply a matter of changing management practice. Power relations can constrain knowledge pluralism. We contribute an empirical example that links power in a decision-making process about a dam in Saskatchewan, Canada, to the losses experienced by downstream Indigenous communities. This paper operationalizes power to illustrate its methodological utility and documents the interconnected losses, experienced by resources users, resultant from the marginalization of Indigenous knowledge.     

Thinking outside the framework: equitable research partnerships for environmental research in Australia

Many environmental science research programmes now adopt community-based philosophies and designs, although there are few applications in Australian Indigenous communities. This research describes the development and testing of a framework of engagement to guide collaboration between Indigenous and non-Indigenous Australians during an environmental sciences research project. That project aimed to assess trepang (sea cucumber) stocks in Aboriginal waters, and determine the commercial harvest potential of the resource to local people. Its objectives were to undertake trepang survey and mapping, integrate Indigenous knowledge about the resource, and model the existing catch data of commercial fishers operating in the region. The framework of engagement developed to guide the research process comprised a goal, research stages, and a number of guiding principles for collaboration, which were constructed from content analysis of available guidelines and literature and from data gathered during expert interviews. Further data were gathered using participant observation, while implementing the trepang research in accordance with this framework of engagement, and these data were analysed to test and evaluate the framework. Findings indicate discursive and reflective approaches such as action research or adaptive management may better facilitate equitable research partnerships for sustainable development.     

A Study of Governance Arrangements for Land Use and Natural Resource Management Planning in Cape York Peninsula

Complex intersecting social, economic and environmental dilemmas in Australia's Cape York Peninsula present a number of challenges for planners seeking to develop and implement land use and natural resource management (NRM) plans. There have been five different attempts at land use and NRM planning in Cape York Peninsula over the last 20 years. These processes have (to greater or lesser extents) failed to deliver community-owned and government-supported plans to guide development and/or the management of the region's natural resources. The region is remote, sparsely populated, and home to a significant Indigenous population. Much of the contestation within the region surrounds the access, use and ownership of the region's internationally valuable natural resources. This paper reviews, from the literature, the relevancy and applicability of criteria for best practice planning and governance. A range of identified best practice governance and planning principles are applied to assess the governance arrangements for planning in the Peninsula. The paper finds that decision-making arrangements for land use and NRM planning in the Peninsula are still in their infancy and are inadequate to support effective outcomes. The paper concludes that broader attention to best practice principles in governance for planning is needed to improve planning outcomes.     

Contesting the Future of Cape York Peninsula

Entrenched contests about the future of Cape York Peninsula's lands, waters and people have for long received national prominence. In the federal arena, this has climaxed with the campaign to overturn the State's declarations on wild rivers. Initially pursued as a means of influencing decisions on the determination of the government in a finely balanced federal parliament, it has been retained as an early test of the survivability of the minority Labor government. The peninsula's prominence is founded on its iconic conservation status and the continuity of Aboriginal occupance of their country, reinforced by the formidable capabilities of Indigenous and conservationist leaders. Contests are characterised by their complexity, durability and intractability. Contests are bedevilled by shifting alliances and schisms within Indigenous and conservationist constituencies. Increasingly potent is the schism between modernist/reformist/regionalist visions of Indigenous futures, forcefully presented by Noel Pearson against more traditionalist/localist visions held by many community leaderships. Other participants, notably conservationists, State politicians and bureaucracies have needed to align their policies around these contested visions. Over the last two decades, policies of State Labor governments have maintained some continuity, being pro-active on conservation goals, selectively supportive of Aboriginal advancement, necessarily passive in the determination of land claims, reactive in the resolution of land tenures and property rights, and inconsistent and ineffectual in conflict resolution and in providing leadership in shaping sustainable, multifunctional futures, attuned to the peninsula's unique challenges and potentials.     

How Collaborative Approaches to Environmental Problem Solving View Indigenous Peoples: A Systematic Review

Collaborative approaches to environmental problem solving are becoming commonplace around the world. These processes often occur in the traditional territories of Indigenous peoples. Hence, how Indigenous peoples are viewed in the collaboration literature is important because of the distinctive position they hold in many societies. In this article we conducted a systematic review of the collaboration literature that focused on environmental concerns and referred to Indigenous peoples. The goals were to identify how Indigenous peoples are discussed in this literature, and to reveal the assumptions that are made about the roles and views of Indigenous peoples and nations. The Indigenous governance literature was used to highlight the contrasting perspectives of Indigenous peoples. The systematic review revealed discordant assumptions about the roles of Indigenous peoples between these two bodies of literature. Implications for the theory and practice collaborative environmental problem solving are identified.     

Scenarios for Community-based Approaches to Biodiversity Conservation: a case study from the Wet Tropics,Queensland, Australia

Natural resource management approaches that deliver biodiversity conservation remain elusive, with evidence of a persistent implementation gap between biodiversity science and conservation projects. Scenarios have been identified as potentially useful in addressing the complex issues underlying this implementation gap, but have been infrequently applied to biodiversity conservation. Our paper reports on action co-research to develop, apply and assess the efficacy of scenarios within a community-based natural resource management (CBNRM) approach to biodiversity conservation at Mission Beach, a key site within the globally significant Wet Tropics bioregion. We focused on the capacity of scenarios to address the issues of contested interests and uncertainty, aiming specifically to engage the community to build a cohesive vision. The scenarios' headline messages included a projected substantial loss of habitat in coastal vegetation communities that are highly valued by all stakeholders. Our assessment identified that the use of scenarios fulfilled the intended aims, resulting in a vision for biodiversity conservation that has substantial community support. Three factors contributed to this efficacy of the scenarios: (1) the focus on threat; (2) biodiversity science integration; and (3) simplicity in presentation. Further investigation of the potential of scenarios as tools to overcome the implementation gap in biodiversity conservation is recommended.     

Management Challenges for Aboriginal Cultural Heritage in Peri-urban Queensland

It is often assumed that places of cultural significance to Aboriginal and Torres Strait Islander peoples are protected under cultural heritage legislation such as the Aboriginal Cultural Heritage Act 2003 in Queensland. Such Acts are improvements on previous policies, which all but neglected Aboriginal cultural heritage. Nevertheless, the aims of policies developed at wider geographic scales, such as States within the Australian system, continue to be disconnected from the experiences of some local Traditional Owners. In this paper, we examine conflicts between non-local policy and on-ground management decisions for Aboriginal cultural heritage in peri-urban Queensland. We focus on the challenges of local Traditional Owners in peri-urban landscapes, basing our discussion on recent experiences conducting research on Indigenous land management in southeast Queensland. We examine three case studies: one in which colonial heritage values were prioritised over existing Aboriginal cultural heritage values, a second where local government failed to support a private landholder’s attempt to identify and protect a cultural heritage site, and a third where a cultural heritage site was protected but in a way that restricts the continuation of cultural practices. Developing more productive and equitable relationships between Traditional Owners and non-Indigenous decision makers, with regards to Aboriginal cultural heritage, requires new locally developed processes for engagement and we suggest how this could be achieved.     

Emerging Geographies of Conservation and Indigenous Land in Australia

International examples of interactions between Indigenous peoples and the new conservation paradigm come mainly from developing countries and suggest divisions over priorities. As a Western settler society, Australia is at a critical time in conservation and Indigenous peoples' rights. Innovative approaches to conservation are promoted. The role and influence of non-governmental organisations is increasing. Indigenous peoples' rights to land are recognised and Indigenous involvement in conservation is growing. Yet, despite Australia being considered a leader in these arenas, particularly the latter, there has been little analysis of the relationship between innovative approaches to conservation and Indigenous Australians under the new paradigm. This paper describes how the spatial manifestations of approaches under the new conservation paradigm and Indigenous land in Australia are creating new geographies. We identify geographies of overlap, dichotomy and absence. The paper identifies research needs into these geographies, including: examining the influence of ‘recognition’ in engagements between conservation and Indigenous Australians; investigating the impacts of approaches under the new paradigm such as scaling-up, territorialism and differing governance structures on Indigenous Australians; and questioning the social responsibilities of the non-governmental organisations towards Indigenous Australians.     

The Relationship between Community and Individual Measures of Wellbeing: comparisons by remoteness for Indigenous Australians

For Aboriginal and Torres Strait Islander (Indigenous) Australians, the wellbeing of the community in which one lives and/or has an ongoing attachment to is an important aspect of individual health and wellbeing. In non-Indigenous policy discourse, the main way to summarise community-level wellbeing is through indices of socioeconomic outcomes that can be used to rank regions or areas within regions. While these have been produced for the Indigenous population, they only capture one particular aspect of community wellbeing. The analysis presented in this paper extends our knowledge of place-based community wellbeing by looking at the presence or absence of particular facilities, barriers to accessing services, and neighbourhood or community problems. Indigenous Australians in remote areas were less likely to report the presence of a number of facilities and more likely to report barriers to accessing government services. However, there were no consistent differences in the reporting of neighbourhood and community problems—some types of problems had a higher incidence in non-remote areas (e.g. theft and dangerous or noisy driving), whilst other problems were higher in remote areas (alcohol, illegal drugs and violence). Indices of these variables were also found to be associated with individual emotional wellbeing, providing prima facie evidence of the link between community and individual measures.     

Three Management Challenges for Protection of Aboriginal Cultural Heritage in a Tasmanian Multiple-use Conservation Area

Protected areas that are created to safeguard environmental values such as Indigenous culturescapes may in fact significantly fail in this task. This study concerns such an instance in far north-west Tasmania, where the government adopted a multiple-use resource conservation-development management model for the Arthur–Pieman Conservation Area (APCA). The model offers protection of cultural heritage values whilst permitting numerous community recreational and commercial uses. One particular objective is to protect ‘an extraordinary richness of Aboriginal cultural heritage’ in one of Earth's great archaeological regions (DPIWE, Arthur–Pieman Conservation Area Management Plan, 2002, p. iii). Yet under the auspices of multiple use, Aborigine and others report unremitting damage and loss of ancestral values. To examine how this is so in an actively managed protected area, perceptions of 16 environmental professionals and local residents engaged in APCA planning and management are used to identify three major challenges for appropriate custodianship of the Aboriginal cultural landscape: Aboriginal–Eurocentric conflicts; limited community governance capacities; and deficient regulatory provisions. It is concluded that APCA multiple-use management of heritage conservation is ineffectual and that an alternative governance model is required urgently. The management challenges examined here offer insights for problematic Indigenous cultural heritage conservation in other jurisdictions of Australia and elsewhere.     

Community clusters in wildlife and environmental management: using TEK and community involvement to improve co-management in an era of rapid environmental change

Environmental change has stressed wildlife co-management systems in the Arctic because parameters are changing more rapidly than traditional scientific monitoring can accommodate. Co-management systems have also been criticized for not fully integrating harvesters into the local management of resources. These two problems can be approached through the use of spatially-defined human social units termed community clusters, which are based on the demographic or ecological units being managed. An examination of polar bear management in Nunavut Territory, Canada, shows that community clusters provide a forum to collect and analyse traditional ecological knowledge (TEK) over a geographic area that mirrors the management unit, providing detailed information of local conditions. This case study also provides examples of how instituting community clusters at a governance level provides harvesters with social space in which to develop their roles as managers, along the continuum from being powerless spectators to active, adaptive co-managers. Five steps for enhancing co-management systems through the inclusion of community clusters and their knowledge are: (1) the acceptance of TEK, science, the precautionary principle and the right of harvesters not to be constrained by overly-conservative management decisions; (2) data collection involving TEK and science, and a collaboration between the two; (3) institutionalization of community clusters for data collection; (4) institutionalization of community clusters in the management process; and (5) grass-roots initiatives to take advantage of the social space provided by the community cluster approach, in order to adapt the management to local conditions, and to effect policy changes at higher levels, so as to better meet local objectives.     

Consequences of changed water management for Aboriginal Australians in the Murrumbidgee catchment,NSW

In the Murrumbidgee catchment of the Murray-Darling Basin, wetlands, rivers and other waterscapes are important features of Country for Aboriginal peoples. The Murrumbidgee River is the most heavily regulated river system in the Murray-Darling Basin. Discussion around the use of Murrumbidgee water is framed as a conflict between sustaining rural communities and using water to support ecological values, yet the voices of Aboriginal custodians are relatively unheard in this discussion. Using culturally important wetland plants as a starting point, this paper explores the understanding and perception of some Aboriginal people in relation to their Country and water. The grief of participants as they experience the degradation of their Country was palpable. The strong message that Country should be considered in its entirety—including ecological, social and cultural aspects—contrasts with current ownership and other institutional arrangements. Improving opportunities for communities and water managers to share knowledge and information, an openness to use Aboriginal wisdom, and careful ongoing management of environmental and cultural water have the potential to achieve positive cultural and ecological outcomes in the Murrumbidgee.     

批判地缘政治学视角下原住民组织对北极事务的参与和影响

从自发组建的非政府组织到北极事务中颇具影响力的权力组织,原住民组织已经成长为北极事务中不可忽视的利益攸关方。在获取北极事务参与权及实施行动决策中,北极原住民组织展现了独特的思考和实践。基于批判地缘政治学的理论视角观察因纽特环北极理事会为代表的原住民组织的发展历程,发现：（1）北极原住民组织强调基于文本生产的知识权力获取方式;（2）制度性参与是原住民组织的主要行动路径。北极事务参与权的获取及针对性行动策略的实施帮助原住民组织成功影响和重塑了北极的治理理念、身份认同与地理空间,推动北极地区向着善治和良治发展。通过对因纽特环北极理事会案例的解析,可以为中国拓展自身在北极地区的合作空间提供参考。     

A Road to Conflict: Stakeholder’s and Social Network Analysis of the Media Portrayals of a Social-Environmental Conflict in Bolivia

Society’s understanding of a conflict is mediated by information provided in mass media, for which researchers stress the importance of analyzing media portrays of stakeholders in a conflict. We analyze information from the Bolivian press regarding the construction of a road crossing the Isiboro-Sécure Indigenous Territory and National Park (TIPNIS). Using stakeholder’s and social network analyses, we explore stakeholder’s positions and alliances as represented in the media and contrast it with previous scholarly work. We found that some actors cited as central in scholar analyses of the conflict are largely absent in the media (e.g., private investors, conservationist sector) and that the media tend to present stakeholders as having more homogeneous positions than the academic literature does while also neglecting some important alliances in their account. The media also suggests that Indigenous communities are forging stronger alliances with urban sectors and civil society, alliances not stressed by researchers.     

An ‘Effective’ Involvement of Indigenous People in Environmental Impact Assessment: the cultural impact assessment of the Saru River Region,Japan

The Cultural Impact Assessment of the Saru River Region represents the first time that a site investigation was implemented in Japan in order to preserve an ethnic culture in relation to the construction of a dam. One of the project's basic concepts was to get local residents, especially those of Ainu ethnicity, to participate in the investigation. Existing case studies of environmental impact assessment have argued that the assessment has failed to sufficiently involve Indigenous people in its process and has largely failed to incorporate Indigenous knowledge, cultural values, and voices into its processes and outcomes. Also, intangible aspects of Indigenous cultural heritage have not been protected. In the Cultural Impact Assessment of the Saru River Region, the Final Report was released in 2006 and significantly included the 3 year investigation of input by local residents. In this sense, this assessment succeeded in effectively involving Indigenous people in its process and in reflecting their cultural values in its results. The more important issue is, however, how these results were included in the final outcomes. If Indigenous people have no power over final decision making, their involvement is not effective. This paper analyses the significance and unresolved problems involved in this overall assessment process.     

Indigenous Livelihoods and Art Income: participation,production and returns from woodcarvings in Arnhem Land,north Australia

Participation in the Indigenous visual arts sector provides one of few market opportunities for Indigenous Australians resident on remote Aboriginal lands. In this article we examine the economic factors that influence this market engagement as they relate to woodcarving in the Maningrida region of Arnhem Land. In particular, we look at the factors that affect participation, production and monetary returns using scan and focal sampling, resource accounting and sales data from the regional art centre. Artists were engaged in a range of activities of which art production was the prominent means of productive cash income generation. An artist's residence and also their language community were found to influence the amount of sculpture production undertaken, with artists residing on ‘country’ in the hinterland being more engaged in sculpture production than those living in the township of Maningrida. The annual income earned by an artist for carving was highly variable and a large proportion of woodcarvers also earned income from producing artwork in other media. Capital costs were relatively minor, with travel costs and labour the main input into carving production. Based on the average return for a single woodcarving, $160, we estimate the average hourly return to artists as between $12 and $14. Whilst this figure is relatively low and comparable to the Australian award wage for unskilled labour, the income earned from arts production makes an important contribution to people's livelihoods.     

Indigenous Land Management in Peri-Urban Landscapes: An Australian Example

This article examines roles, opportunities, and challenges for Indigenous land management in rapidly developing landscapes through a case study of Bunya Bunya Country Aboriginal Corporation, a not-for-profit organization on the Sunshine Coast, Queensland, Australia. An analysis of data collected through semistructured interviews, participant observation, and analysis of secondary sources reveals that Aboriginal land managers work in a variety of roles to manage issues affecting the local environment and cultural heritage sites. These efforts are challenged by the absence of Native Title and colonial land management policies, which restrict Aboriginal involvement in land management. We conclude that there is a need for alternative pathways to engage with Aboriginal land managers who cannot, or choose not to, proceed with Native Title. Decolonized decision-making tools and sustainable enterprises are viable opportunities that partially address these challenges and could deliver tangible socio-economic and cultural benefits to local Aboriginal and non-Aboriginal people.