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A Critical Study of the Laws Relating to the Indigenous Peoples of Malaysia in the Context of Article 8(j) of the Biodiversity Convention

A Critical Study of the Laws Relating to the Indigenous Peoples of Malaysia in the Context of... A Critical Study of the Laws Relating to the Indigenous Peoples of Malaysia in the Context of Article 8(j) of the Biodiversity Convention AZMI SHAROM* 1. Introduction During the Seventh Meeting of the Conference of the Parties to the Convention on Biological Diversity 1 (the CBD) held in Kuala Lumpur in February 2004, the Malaysian delegation made a strong stand against the application of international obligations regarding indigenous peoples on its government. The issue at hand revolved around Article 8( j) of the Convention which reads: “8( j) Each Contracting Party shall, as far as possible and as appropriate: Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles rele- vant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the ben- efits arising from the utilisation of such knowledge, innovations and practices.” 2 The Malaysian delegation were adamant that the terms “to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communi- ties” be subject to national laws, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal on Minority and Group Rights Brill

A Critical Study of the Laws Relating to the Indigenous Peoples of Malaysia in the Context of Article 8(j) of the Biodiversity Convention

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Publisher
Brill
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-4879
eISSN
1571-8115
DOI
10.1163/157181106777069932
Publisher site
See Article on Publisher Site

Abstract

A Critical Study of the Laws Relating to the Indigenous Peoples of Malaysia in the Context of Article 8(j) of the Biodiversity Convention AZMI SHAROM* 1. Introduction During the Seventh Meeting of the Conference of the Parties to the Convention on Biological Diversity 1 (the CBD) held in Kuala Lumpur in February 2004, the Malaysian delegation made a strong stand against the application of international obligations regarding indigenous peoples on its government. The issue at hand revolved around Article 8( j) of the Convention which reads: “8( j) Each Contracting Party shall, as far as possible and as appropriate: Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles rele- vant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the ben- efits arising from the utilisation of such knowledge, innovations and practices.” 2 The Malaysian delegation were adamant that the terms “to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communi- ties” be subject to national laws,

Journal

International Journal on Minority and Group Rights – Brill

Published: Jan 1, 2006

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