A Global Bio-Prospecting Regime

Abstract

THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD) is one of the most complex and demanding of recent international environmental agreements. It came into existence at a time when contemporary concerns over the rapid loss of biodiversity in the northern and, especially, in the southern hemispheres were visible in a wide variety of settings. The Earth Summit in Rio de Janerio, at which the CBD was opened for signature in 1992, brought together thousands of government officials and interested non-governmental parties. At that time, biodiversity issues were recognized as a central concern for groups as diverse as transnational representatives of indigenous peoples and the executives of pharmaceutical giants in the United States, Japan, and Europe.The latter image might startle those who view biodiversity as an environmental cause rather than as a medical tool or industrial commodity. However, medicines have always been found in nature, which remains a promising repository of new compounds for pharmaceutical research and development. Perhaps 80 per cent of the world's people - most of them outside of the industrialized nations - rely on natural medicines for their primary health care needs. Meanwhile, some 25 per cent of industrially produced medicines, from aspirin to the anti-cancer agent taxol, are based on natural compounds; and the majority show some correlation between their modern therapeutic attributes and traditional medicinal uses.(f.1) However, renewed industrial interest in the potential value of biological diversity is tempered by considerations enshrined in the third objective of the CBD: 'the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.' Access and benefits sharing (ABS) has become a significant issue for negotiation between various 'users' in the industrialized North and 'suppliers' in the biodiversity-rich South.Although the authors of the CBD acknowledged that indigenous and local communities were important stakeholders in biodiversity conservation, the representation of their interests in bioprospecting nevertheless remains somewhat limited. Because indigenous peoples and local communities play a key custodial role in the conservation and 'sustainable use' of biological diversity, and particularly the components of biodiversity that have traditional medicinal value, their tragic marginalization and cultural decline is frequently seen as detrimental to the conservation of biological diversity. The new bioprospecting 'regime,' as articulated in the CBD, offers some hope to those on the margins of their states and may promote a broader appreciation of their knowledge and cultures. At the same time, the exploitation of biodiversity by Northern corporations and governments and the appropriation of indigenous knowledge threatens the cultural integrity of native peoples. Moreover, the new regime, as it stands, invites opportunistic behaviours that may undermine the cohesion of local and global indigenous movements. Although the terminology of 'sustainable development' is bandied about and ABS contracts are generally phrased in terms of 'partners,' we are tempted to ask whether 'neoimperialism,' or even piracy, are not more accurate words for bioprospecting under the CBD.A contemporary project in the troubled state of Chiapas, Mexico, that has the 'benefit' of United States government funding is indicative of the unresolved tensions evoked by bioprospecting projects. Amidst a localized armed struggle and accusations of systemic state abuse of indigenous populations, a team led by researchers from the University of Georgia is attempting to explore and export the indigenous medicinal plant knowledge of Mayan healers. A consortium of eleven local healers' groups asked Rural Advancement Foundation International (RAFI), a Canadian non-governmental organization (NGO), to report their opposition to the project, now in its second year. RAFI's press release reiterated the opinion that those who reject the commercial exploitation of their traditional knowledge by outsiders see bioprospecting as a form of advanced piracy, even when the prospectors are respected scholars who seem sincere in their efforts. …