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.     

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.     

Macassan/Indigenous Australian ‘sites of memory’ in the National Museum of Australia and Australian National Maritime Museum

For over two centuries people from Makassar on the Indonesian island of Sulawesi came to northern Australia with the onset of the northeast monsoon winds. They came in search of trepang that, with the help of Indigenous Australians, they collected and traded on to China. Their impact on the Indigenous communities in Arnhem Land was considerable. Along with sharing language, technology and culture, they built relationships, many ongoing, that are celebrated in Yolngu art, song and stories. These stories of contact are well known to many archaeologists and anthropologists but for many Australians the only place where they come into contact with these stories is in a museum display. In this paper I examine the ways in which these stories are disseminated by two national museums, the Australian National Maritime Museum in Sydney and the National Museum of Australia in Canberra. As important ‘lieux de mémoire’ or ‘sites of memory’, they tell of Macassan visits to northern Australia as part of Australian history. In both cases not only are the stories situated in the past but both Macassan and Indigenous Australian voices are largely absent.     

Access to natural resources and conflicts between farmers and agro‐pastoralists in Borkena Wetland,north‐eastern Ethiopia

This case study on the Borkena wetlands in north‐eastern Ethiopia tells, through the voices of the inhabitants, the story of the occupation and management of an area where agro‐pastoralists (Urrane) and farmers have progressively settled. It shows how different policy changes and natural disasters have transformed the type of peoples' livelihoods and land use patterns in the wetland. It tells the history of relationships between smallholder peasants, irrigation farmers, commercial farms, and the Urrane, where conflicts as well as collaboration developed, and it shows how different stakeholders behave and consider their own situation. The study also reveals that development intervention by World Vision Ethiopia (WVE) had mixed impact on peoples' livelihoods in the wetland: sedentary peasants have benefited while the Urrane have been adversely affected. The main issue is the marginalization of pastoralists, with the denial of their traditional land use rights by three successive regimes and administrations. Any solution to the cohabitation of the different groups and livelihoods will have to address the issue of land rights for the pastoralists and promote the fair participation of all stakeholders in the future management of the wetlands. Good governance and the competence of the state actors at local levels are the crucial issues for the realization of the suggested solutions.     

Dynamics of hunting territories and prey distribution in Amazonian Indigenous Lands

Indigenous Lands in the Brazilian Amazon intend to guarantee indigenous rights and conserve forests, although many do not correspond to peoples' territorial needs and may not effectively preserve wildlife. Most indigenous people rely on game for subsistence, and the spatial distribution of hunts and prey determine hunting sustainability and wildlife conservation. I examined the Kaxinawa hunting territory dynamics through the participatory monitoring and mapping of 10 ILs. The Kaxinawa are central-place foragers whose ideal hunting territories have a circular shape with a radius of 5 km. The geopolitics of the Kaxinawa combined with spatial occupation distort hunting territories to maintain indigenous control while respecting the territories of nearby villages. The fission of large villages leads to reduced hunting territories but increases the overall hunted area, consequently affecting game populations. Kaxinawa hunting did not lead species to extinction. The Kaxinawa hunted 65% of prey within 2.5 km of the villages and the other 30% within 5 km. Although all of the species were hunted close to villages, the prey were smaller, and several sensitive species were rarely hunted. The replacement of such sensitivity for more resilient low-ranked species on hunting bags suggests that these species might be depleted near villages. These findings provide objective standards for titling Indigenous Lands and for improving wildlife management within these lands.     

The Indigenous Aetas of Bataan,Philippines: Extraordinary genetic origins,modern history and land rights

The Aeta Magbukún of Bataan in Luzon, the Philippines remain one of the least known and documented Indigenous tribes. They retain primarily subsistence hunter‐gathering strategies to supply their basic needs. They also strive for recognition of their ancestral connection with, and rights to inhabit their ancestral forest domains, which is threatened by the expansion of agriculture and urban development by non‐Aetas, primarily the majority Tagalog population. The Aeta continue to endure dispossession, poverty and political discrimination through decades of protracted land rights processes. This review explores the potential use of recent genetic evidence in anthropology and human geography to legitimize the Aeta's status as Indigenous people and contradict the perspective of some governments in the Asia Pacific region who question the existence of Indigenous peoples generally, often from fear of land tenure and associated political repercussions. The acquisition and use of genetic research on Indigenous populations is both socially and politically contested through fear of the potential to jeopardize sovereignty claims and lead to biologically‐based discrimination. However, the full implications of the potential use of genetic research to legitimize Indigenous status, as described within this research, has yet to be thoroughly explored. By exploring both the genetic and anthropological evidence using a case study of the Indigenous Aeta, this paper provides a unique approach to building a case for Indigenous rights, occupation, use of ancestral lands, self‐determination, and ultimately, recognition as Indigenous people.     

Modelling collective Yawuru values along the foreshore of Roebuck Bay,Western Australia using fuzzy logic

The cadastral model has played a key role in Indigenous dispossession in settler states. Yet, the recognition of Indigenous land rights, which has increased globally since the 1960s, frequently requires Indigenous communities to directly engage with this spatial model. In Australia, native title claimants must use entity-based models of space to delineate their traditional territories during the claim process. They must also engage with planning and development documents which use the cadastral model of space to assert and defend their rights following native title recognition. This is often problematic as Indigenous spatial ontologies emphasise complexity and continuity which is inimical to the ‘crisp’ representations of cadastral space.This study explores the potential of a fuzzy index modelling approach to represent cultural values using a case study from Broome, Western Australia. Sketch mapping, fuzzy index modelling and combinatory techniques were used to produce a model of several cultural values held by the Yawuru community for the in-town foreshore of Roebuck Bay. This model was overlaid on local planning documents to provide the Yawuru community with strategic intelligence for post native title governance. The experience of co-producing this model suggests that such techniques may assist Indigenous communities to engage with settler structures. This implies that policies which fail to extend analytical capacity to interested native title groups as part of programmes of spatial enablement continue to perpetuate historical processes of colonial domination.     

The Social Geographies of Indigenous Population and Housing in Australia's Regional Urban Centres

In recent years, social scientists have turned increasing scholarly focus to the ‘post-colonial city’, as it relates to the lived experiences and socio-cultural worlds of urban-dwelling Indigenous peoples. In Australia, this literature is concerned primarily with issues of identity, power and representation in big cities. More conventional geographic analyses regarding socio-spatial, economic and demographic aspects of urban Indigenous experience have been mostly absent from this discourse. In this paper, we begin to address this gap within the literature by identifying notable socio-spatial, economic, and demographic features of urban Indigenous experience in regional Australian cities. We draw on census and administrative data to empirically examine Indigenous residency, presence, and uneven housing market access in regional urban centres. The analysis builds a national comparative picture regarding population change, tenure type, crowding and housing affordability in these localities. At the same time, it ‘drills down’ to explore some of the drivers and implications of change against these indicators in one case study locality: Geraldton Western Australian. This case study analysis, based on recent fieldwork, grounds the broad identified trends in a localised narrative, illuminating some of general and specific socio-economic and socio-spatial dynamics that shape urban life for Indigenous peoples in regional Australia and the implications of these dynamics for broader questions of co-existence between Indigenous and non-Indigenous Australians.     

西方超越人类的地理学研究进展

随着现代科技发展与社会环境变化,人类与非人类的边界日益模糊,这使得以往研究中未能引起足够重视的非人类生命与物质逐渐引起学者们的关注。21世纪以来,在西方地理学界兴起的“回归唯物主义”思潮中,超越人类的地理学（MTHG）应运而生,并成为探索人类与非人类共同构成的世界的重要途径之一。通过对298篇相关期刊论文及著作的分析发现,超越人类的地理学主张“关系本体论”,其产生受到行动者网络理论、生物哲学与非表征理论的深刻影响,现有研究议题聚焦于新动物地理学与自然保护、城市社会文化与生态政治、物质性与商品经济、身体与生命健康、气候变化与环境问题等方面。本文通过梳理超越人类的地理学的理论源起并剖析各议题的经典研究案例,以期为中国地理学研究提供新的视域。     

Distancing Asylum Seekers from the State: Australia's evolving political geography of immigration and border control

Australia's border enforcement strategies and immigration control policies operate in distant geographies, concealed from human rights groups, media and the public. From offshore detention to militarised maritime defence operations, Australia's exclusion of asylum seekers is increasingly dependent upon geographical processes that ensure asylum seekers do not have access to the state's systems of protection. This article explores a critically overlooked geopolitical strategy of mobility regulation that relies on processes simultaneously expanding geographies of control, while contracting spaces of rights. The outcome of these rapidly evolving bordering practices is the exaggeration of the distance separating asylum seekers from the state, suspending them within a space devoid of an operational system of rights, and emphasising a new and restructured maritime legal geography.     

Situating nature: On doing cultural geographies of Australian nature

This paper concentrates on the practices and possibilities of doing poststructural cultural geographies of nature. The paper begins with an overview of the ways in which nature is being reconceptualised in social thought. It charts a middle territory between strong social constructivism and realist approaches, arguing for a relational understanding of nature and culture, and the extension of agency to non-humans--organic and artificial. These 'more than human worlds' (<citeref rid="b51">Whatmore, 'Hybrid geographies'</citeref>, Sage, London, 2002) pose considerable challenges for researchers. They open spaces for new subjects and new subjectivities, decentre human agency, and challenge more conventional methodological approaches that rely on a separation between subject and object. The paper considers the sorts of methodological shifts required for relational analysis, arguing for a multilayered, multivalent, embodied and situated approach. The practices of situatedness are emphasised in the Australian context, especially in relation to cross-cultural and postcolonial understandings. The paper concludes with a brief comment on the politics of doing such cultural geographies.     

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.     

On the Components of Indigenous Population Change

The 2001 census count of Indigenous Australians produced an intercensal change in numbers that cannot be explained by demographic processes alone. Using census and vital registration data, this paper unravels the components of such change and provides new insight into Indigenous population dynamics. In particular, it establishes the first estimates of proximate determinants of fertility, and extends mortality analysis by examining the components of low Indigenous life expectancy. Results show that demographic factors account for only 69 per cent of population change. Of these components, national Indigenous fertility is found to be below replacement level, while lack of convergence between Indigenous and non-Indigenous mortality remains. As Indigenous socio-economic circumstances are spatially diverse, the paper also explores the geography of demographic processes using data for 36 ATSIC regions and capital city/balance of State classifications. This reveals continued high fertility across parts of north Australia and an indication that mortality levels are associated with degree of urban residence.     

Legal Geographies of Catastrophe: Forests,Fires, and Property in Colonial Algeria

Forest fires in Algeria in the 1850s and 1860s suggest a link between environmentally induced catastrophes and the geographies of property and territory in the colony. In eastern Algeria, these fires helped fuel a discussion over the security and reliability of European settlers’ property rights and of the colonial state's ability to guarantee them. Following a brief analysis of forestry policy in France and Algeria, this paper analyzes some of the correspondence and official reports that emerged in the wake of major conflagrations. By the early 1860s, settlers and private forestry companies were calling the colonial state's credibility into question and demanding far‐reaching changes to the property law and land‐use regimes in place in the colony. Eventually, colonial authorities moved to help cement settlers’ property claims, eliminating enclaves and imposing new rules on “native” Algerians’ rights to use the forest. This essay concludes by suggesting that the process of making property private, in Algeria and elsewhere, is informed by perceptions of risk and by the modes of awareness inspired by environmentally induced catastrophic events.     

(Re)making space for kiwi: beyond ‘fortress conservation’ in Northland

Mainstream conservation has been long dominated globally by the protected area paradigm. This approach has been widely challenged in recent years, and new conservation initiatives have emerged. The situation is mirrored in New Zealand, where ongoing biodiversity loss has prompted reappraisal. Within this context, we highlight the plight of kiwi, focusing on Northland and efforts there to (re)make space for this iconic bird which is at risk of extinction. While the state has primarily responded by fortifying ‘islands’ on public conservation land, Far North communities are working in a variety of ways and localities, both within and beyond ‘the fortress’, to secure a future for the ‘people's bird’.     

Sustainability,development and rural aboriginal communities

Aborigines, because of their population numbers and increasing control over land and resources, are crucial to the sustainable development of rural Australia. However, appropriate Aboriginal development requires the replacement of the ‘top‐down’ approaches generally adopted by government agencies by ‘bottom‐up’ approaches reflecting the needs and aspirations of rural Aboriginal people. Past experience demonstrates that Aborigines have faced many frustrations in reconciling these concepts. But some approaches now being adopted in the use and management of Australia's rangelands provide interesting alternatives which may be more generally applicable in enhancing rangeland sustainability. Examples include land‐use practices conducted by Aborigines living in remote homeland centres on their own freehold land, and the diversity of land uses introduced on pastoral stations now under Aboriginal ownership. Broader recognition of the value of these approaches will depend on widespread acknowledgment of the overall worth of Aboriginal land management knowledge in rural restructuring     

The Relationship between Wellbeing and Indigenous Land,Language and Culture in Australia

A consistent finding in the literature on Indigenous peoples is the importance of the sustainability of land, language and culture. All three are related, with the maintenance of one helping to protect the others. This paper uses a nationally representative, cross-sectional survey of the Indigenous Australian population to look at the factors associated with individual measures of sustainability. Geography matters for those in remote areas who are much more likely to have participated in hunting, fishing and gathering than those in non-remote areas and somewhat more likely to be learning an Indigenous language. However, those in remote areas are somewhat less likely to have participated in Indigenous cultural production. Participation in the mainstream economy is not necessarily a barrier to these aspects of wellbeing as those with high levels of formal education were more likely to speak, understand or be learning an Indigenous language. While important in their own right, such aspects of sustainability also have the potential to directly contribute to narrower measures of social and emotional wellbeing. A positive relationship was found between the sustainability of Indigenous land, language and culture and an Indigenous person's subjective emotional wellbeing.     

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.     

Contemporary Geographies of Indigenous Rights and Interests in Rural Australia

More than half of Australia's lands and coastal regions are now encompassed within the boundaries of native title claims. The claims and the 'native title communities' who have lodged them are shaping a new geography of Australia's lands and seascapes. These communities derive from traditional ownership and thus have a different, and more fundamentally authoritative, basis to the indigenous 'residential communities' whose representative organisations are the mechanism through which governments have promoted indigenous self-management and which dominate in public affairs. Recognition of native title provides some opportunities for indigenous people to negotiate for benefits which will address their marginalised and economically dependent status but these are limited by the protection given to non-indigenous interests and are often proving they can be very difficult to realise. Overcoming indigenous marginalisation, promoting co-existence between indigenous and other Australians, and securing sustainability in rural regions requires that institutional reform goes beyond legally bounded interpretations of where native title does and does not still exist. Rebuilding indigenous institutions for governance of country is fundamental to achieving necessary change but political will and resources to support the process are critically lacking.