Dilemmas of Protection : Decolonising the Regulation of Genetic resources and Cultural Heritage

This article argues that since genetic resources carry cultural significanceto many Indigenous communities, the protection of genetic resourcesshould be considered in relation to the protection of Indigenous culturalheritage. It compares international regulations of genetic resources andassociated traditional knowledge to those of traditional cultural expressions,focusing particularly on the Convention on Biological Diversity (CBD)and its implementation through the Nagoya Protocol. The article discusseshow attempts to decolonise the regulation of genetic resources areimpeded by two dilemmas that have also affected UNESCO and WIPO’sattempts to safeguard traditional cultural expressions. The first dilemmaconcerns the problems of promoting Indigenous self-recognition withina system of governance based on national agency and sovereignty.The second dilemma concerns how international regulations are basedon a Western ontology that polarises natural and cultural resources, whichhas resulted in a reluctance to address intellectual property rights withinthe CBD. Exploring parallels between the regulation of genetic resourcesand traditional cultural expressions provides new perspectives on thedifficulties facing the decolonisation of the protection of Indigenousresources and the implementation of Indigenous data sovereignty.Funding agencies:Swedish Research CouncilSwedish Research Council; Marie Sklodowska-Curie Actions [E0633901]Commons and Commodities