The relationship between cultural and biological diversity : implications for protecting indigenous knowledge

Abstract

The signing of the Biodiversity Convention (1992) at the Earth Summit, Rio and the development of a New Zealand Biodiversity Strategy, represent a valuable opportunity to reassess how we conserve biodiversity. In particular, it is argued in this study, they provide an opportunity to reassess New Zealand's current approach to protecting indigenous knowledge of biodiversity. The problem addressed in this study, is that the current intellectual property legislation is unlikely to protect indigenous knowledge of biodiversity. A primary aim of the study is to examine the relationship between cultural and biological diversity, in order to ascertain the role of indigenous knowledge in the conservation of biodiversity. It is argued that indigenous knowledge, as part of cultural diversity, is, in fact, part of biodiversity. It is further argued that biodiversity is conserved and utilised through cultural frameworks, and that a New Zealand Biodiversity Strategy should reflect the variety of values and knowledge we hold towards the environment. Given that indigenous knowledge of biodiversity should be protected, the study analyses existing legislation for the protection of intellectual property. It is determined that the legislation will not adequately protect indigenous knowledge of biodiversity in that it does not protect what is valued by tangata whenua, nor reflect the reasons why it is valued. It is argued that in order to protect indigenous knowledge in a way which is appropriate to tangata whenua, it is necessary for tangata whenua to protect it themselves. A process for protecting indigenous knowledge is investigated, in the context of developing a New Zealand Biodiversity Strategy.