Sharing Benefits or Enclosure of the Commons? Investigating the Compatibility of Global, National and Local Access and Benefit Sharing (ABS) Mechanisms in Peru

Abstract

"The Convention on Biological Diversity (CBD) declared that genetic resources, considered for centuries to be the common heritage of mankind, would become the property of the sovereign state in which they are contained. The Convention also contained a special provision expressing respect for the rights of indigenous communities over their traditional knowledge. In 2002 Peru (a signatory of the CBD) became the first country in the world to enact a national law for Protection of Traditional Knowledge. Prior to this legal regime, customary governance mechanisms of Andean communities have been the primary means of governing the conservation, use and sharing of genetic resources and traditional knowledge. The objective of this research project is to understand from the perspective of policy makers involved in the development of this law, as well as from the perspective of community members and a small grassroots NGO, how this law creates both opportunities and constraints for local governance mechanisms."