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.     

The indigenous origin of Witwatersrand “carbon”

In the Witwatersrand approximately 40% of the gold is intimately associated with so-called “carbon” in “carbon seam reefs”, which occur in over a dozen paleoplacers, many of them concentrated at two stratigraphic levels in the 7000-m-thick succession of Archean siliciclastic sedimentary rocks. This is reduced carbon, present as kerogen admixed in various proportions with derivative (now solid) bitumen(s). Oil generation and migration were active geological processes during Early Earth history. Numerous possible source rocks for oil generation, including the carbon seams themselves, occur within the Witwatersrand basin. In the Witwatersrand ore, oil-bearing fluid inclusions are also present, derived like the bitumen, by thermal maturation of the kerogen. The presence of kerogen and bitumen in the Witwatersrand sedimentary rocks, together with a wealth of observations on the spatial distribution of the carbon seams confirm that the carbon originated in situ from living organisms in microbial mat cover, as opposed to flowing in from elsewhere as liquid hydrocarbons as some researchers have suggested. Paleochannels, which truncated auriferous carbon seams early in the depositional history, are of widespread occurrence, and micro-synsedimentary faults offset carbon seams. The carbon seams are thus indigenous biogenic markers that grew contemporaneously with placer development. The various features highlighting the nature and spatial distribution of Witwatersrand carbon seams provide a classic case where field evidence trumps laboratory data in the reconstruction of geological processes.     

Climate (in)justice,vulnerability and livelihoods in the Caribbean: The case of the indigenous Caribs in northeastern St. Vincent

This paper examines climate justice from the perspective of three remote indigenous Carib communities located in northeastern St. Vincent, amidst their vulnerability to climatic hazards. The study contributes to the growing body of literature that explores the impacts climate-induced changes are having on Indigenous peoples through its explicit focus on this distinctive social group. The paper entails a detail case study of the particular ways the recent onset of two consecutive extreme weather events have impacted livelihood activities in these traditional farming villages. Primary data were collected in the aftermath of a severe drought that was followed by Hurricane Tomas in 2010, using a mixed method approach involving a questionnaire survey of 311 households, 70 unstructured interviews and 2 focus group sessions held in each of the three communities. The combined impact of these extreme weather events not only brought to light how exposed and sensitive these communities are to climatic hazards, but also illustrated some of the underlying issues driving vulnerability at the local scale that must be dealt with if climate justice is to be achieved. We argue that the factors driving vulnerability within these communities are partly a function of centuries of economic neglect and political marginalization and are also strongly related to the communities’ characteristically lower-socio economic status, geographic location, heavy reliance on land-based resources, coupled with a range of cognitive barriers that affect residents’ capacity to adapt to a changing and variable regional climate regime.     

“Twenty years is yesterday”: Science, multinational mining, and the political ecology of trust in New Caledonia

To date, the scholarly literature has insufficiently investigated the micropolitical ecology of trust, the ways that different interests and expectations within a community can differentially mediate trust relationships between members of that community and an exogenous institution. This study explores the complexities of, and intra-community disagreements about, Kanak villagers’ decisions about whether to trust information provided by, or seemingly in support of, a multinational mining project in southern New Caledonia (South Pacific). An indigenous protest group challenged the company’s claims that the construction and operation of a refinery would have no harmful effects on local ecosystems. The company construed this opposition as stemming from fear based in ignorance, to which the solution lay in the provision of technical information. However, villagers disagreed as to whether this information was reliable. Meanwhile, many project employees joined the protest group. I argue that this seeming irony may be explained by examining the role of affiliation - defined here as a sense of solidarity with a group, and the desire to maintain that relationship - in establishing trust. Culturally-informed expectations of long-term social relationships and the reciprocal power these entailed, and concerns about long-term economic security, played a large role in determining which affiliations people chose to privilege, which in turn influenced which “scientific” information they chose to trust. Ultimately, I argue for the usefulness of a deeper understanding of relationships between trust, affiliation, and expectations of long-term social and economic relations in analyzing lay persons’ evaluations of science.     

Intergenerational dynamics and local development: Mining and the indigenous community in Chiu Chiu,El Loa Province,northern Chile

Water conflicts are a significant issue in northern Chile, especially when linked to neoliberal economic activities – mainly mining – on the lands of indigenous peoples. In fact, political ecology tends to accentuate the ways in which their communities unite around a water-based territoriality and/or cultural politics when faced with ‘threatening’ outsiders. However, internal differentiation has become especially relevant to enable a more nuanced appreciation of local struggles and claims. Taking a political ecology of water perspective, this article analyses in what ways Intergenerational Dynamics (hereafter IGDs) shape the way indigenous communities articulate their collective vision of development when dealing with mining companies. In addition, it examines to what extent IGDs shape the key elements that constitute different positions regarding territory, and also assesses how such dynamics reflect age-related traditional interests and cultural senses of identity and territoriality.     

Effects of indigenous bacteria on Cr(VI) reduction in Cr-contaminated sediment with industrial wastes

Black, clay-like sediments have been obtained from the area of the pigment manufacturing factories in Dongducheon city, Korea. These sediments were contaminated by heavy metals, especially chromium (700 mg/kg). Indigenous bacteria in the sediments were isolated to investigate their ability to reduce Cr(VI) to Cr(III). The enriched bacterial consortium reduced over 99% of dissolved Cr(VI) in 96 h from the onset of the experiments under anaerobic condition, while there was no change in Cr(VI) concentration until 300 h in abiotic controls. Total amount of dissolved Cr decreased simultaneously when Cr(VI) was reduced, which was likely due to precipitation of Cr(OH)₃ after microbial reduction of Cr(VI) to Cr(III). Under aerobic condition, only 30% of dissolved Cr(VI) was reduced by indigenous bacteria until 900 h. The reduction of Cr(VI) did not accompany bacterial growth since the amount of protein did not show a significant change with time both in the presence and absence of O₂. These indigenous bacteria may play a role in the treatment of Cr(VI)-contaminated sediments.     

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.     

Arbuscular mycorrhizal associations in Solanum centrale (bush tomato), a perennial sub-shrub from the arid zone of Australia

Arbuscular mycorrhizal (AM) fungi convey well documented benefits to plant growth in domesticated species. We investigated AM in Solanum centrale, a desert shrub of central Australia and traditional food for Indigenous Australians. AM were observed in roots of S. centrale from wild and cultivated stands of different ages and management regimes. Greenhouse seedlings grown in sterilised sand were provided with no or minor additions of phosphorus, with or without AM fungi. Inoculated seedlings not fertilised with phosphorus exhibited moderate AM formation. Added phosphorus resulted in an absence of AM. Inoculation did not significantly affect dry weight, root length and plant height of seedlings fertilised with phosphorus but significantly increased the size of unfertilised seedlings. Inoculation significantly increased root phosphorus content, decreased root to shoot ratio and decreased root biomass at all phosphorus additions, despite the absence of observable AM. Thus it appears AM fungi in the root zone influenced certain plant characteristics, regardless of phosphorus nutrition. Overall, S. centrale benefited from the presence of AM through increased phosphorus uptake, but only when the seedlings were growing in soil with extremely low available phosphorus. The response was immediate in our experimental system and is likely to be important in the wild.     

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.     

Neoliberalism,Mineral Development and Indigenous People: a framework for analysis

There have been suggestions in recent literature that neoliberalism and globalisation present positive opportunities for Indigenous communities engaging in resource development projects on their traditional lands. This paper will present evidence from preliminary research on the neoliberal restructuring that has endured for those Indigenous communities of Queensland who have engaged with mineral development opportunities. Initial findings indicate that the State has devolved some of its responsibilities to the mining company in relation to Indigenous development and service provision. This paper develops a theoretical and analytical framework to enable an examination of the implications of this voluntary devolution of responsibility for Indigenous development and service provision and questions whether this represents a positive opportunity for Indigenous people in the region.