Biology Reference
In-Depth Information
of Mexico, a militarized, volatile area with extreme levels of poverty. The Maya
population is not formally represented in the region by a single socio-political
body, but there are a number of dynamic and sometimes conflicting forms of
organization, increasingly connected with national and international networks. At
the time the Maya ICBG began its work, the concept of community in Chiapas was
highly contested, which fuelled later criticism of the project locally, nationally and
internationally.
In the post-CBD but pre-Bonn Guidelines environment, the Maya ICBG con-
sciously proceeded on the basis that CBD Articles 15 and 8j required consent for
the use of genetic resources to be obtained from the local community (see Berlin
and Berlin
2004
; Berlin and Berlin
2003
, especially 631-632), and interpreted this
as referring specifically to a recognized, existing Mexican socio-political unit
(Berlin and Berlin
2002
).
18
So the researchers invited authorities and members of
local hamlets in the study area on tours of the herbarium and the laboratories, pre-
sented a play in native languages explaining the project, provided multi-language
materials and followed up expressions of interest in hamlet assemblies, in a pro-
cess leading to hamlet-level written consent agreements.
On the basis of consent from a number of hamlets, the project made the first
permit application for biotechnology collections in Mexico (Rosenthal
2006
: 124)
to the Mexican Department of the Environment, Natural Resources and Fishing
(
Secretaría de Medio Ambiente, Recursos Naturales y Pesca
- SEMARNAP).
However, existing domestic regulatory frameworks were inadequate to respond
to this request. While legal provisions existed for the collection of plant material
for scientific purposes, there were none for the collection of material for potential
commercial exploitation, and in the absence of any clear regulations, the scientists
became embroiled in lengthy negotiations as different parties interpreted the law
in line with their own interests.
Concerns about the process of initiating the research and exclusion from it were
first raised by the local healers and midwives organization, the Organization of
Indigenous Physicians of the State of Chiapas (
Organización de Médicos
Indígenas del Estado de Chiapas
- OMIECH). They in turn mandated the Chiapas
Council of Traditional Indigenous Doctors and Midwives (
Consejo Estatel de
Organizaciones de Médicos y Parteras Indígenas Tradicionales de Chiapas
-
COMPITCH) to take the matter up on their behalf. COMPITCH asked communi-
ties not to participate in the project until the situation was clarified, and also
requested support from an international NGO, the Rural Advancement Foundation
International (RAFI).
19
Legal questions were raised about the validity of the ham-
18
The term 'prior informed consent' is implied in Article 8(j) of the CBD, which requires
contracting parties to obtain 'the
approval and involvement
of the holders of such knowledge'
(emphasis added), but it was not until 2002 that the Bonn Guidelines expressly set out this
requirement and provided detailed guidance on how to meet it.
19
RAFI, an international NGO with a history of advocating against biopiracy and oppos-
ing bioprospecting, has since changed its name to Action Group on Erosion, Technology and
Concentration (ETC Group). (See
http://www.etcgroup.org/
.
)
