In the realm of genetic resources, the principles of fair and equitable benefit sharing are paramount, especially under the framework of the Nagoya Protocol. A paper co-authored by Aotearoa Indigenous Rights Trust member Katie Lee Riddle was recently published on the importance of including the source of metadata used in research and commercial contexts. The Nagoya Protocol is an international agreement that aims to ensure benefits arising from the use of genetic resources are shared fairly, fostering respect for the rights of Indigenous Peoples and Local Communities (IPLC). However, as our understanding of genetic resources evolves, so too do the challenges faced in applying these principles—particularly in relation to Digital Sequence Information (DSI).
The Current Landscape of DSI and the Nagoya Protocol
While the Nagoya Protocol currently does not formally encompass DSI, ongoing negotiations under the Convention on Biological Diversity (CBD) are examining its inclusion. The paper published in Frontiers in Genetics (September 2022), explores how the evolving discussion highlights the need for clarity in how DSI should be governed, especially as IPLC increasingly seek recognition of their rights and the value generated from genomic data.
Different perspectives are emerging among nation-states, IPLC, and various stakeholders regarding how benefit sharing arrangements should function in relation to DSI. The challenge lies in the unique considerations that arise from digital data. As it stands, the existing framework creates a gray area that complicates the application of Access and Benefit Sharing (ABS) principles.
Enhancing Benefit Sharing through Provenance
One promising way to navigate these complexities is by connecting digital data to proper provenance information. Establishing clear origins for genetic resources not only upholds ethical research practices but also supports IPLC in asserting their rights. This connection ensures that the knowledge and resources of Indigenous communities are recognized and valued.
A significant development in this area is the implementation of digital labeling systems designed to enhance transparency. Initiatives like the Traditional Knowledge and Biocultural Labels aim to ensure that the origin of genetic samples is appropriately disclosed. Particularly, the BioCultural Labels (BC Labels) serve as a mechanism for Indigenous communities to maintain authority over biocultural material and data generated from their lands and waters.
The Role of BC Labels in Data Governance
BC Labels provide an innovative approach to integrating cultural metadata into genomic databases. By allowing Indigenous communities to identify and maintain provenance, these labels add significant value to research endeavors. They foster an environment of transparency and accountability, helping to ensure that data usage aligns with the rights and expectations of IPLC.
The incorporation of BC Labels into genomic research can lead to a more equitable landscape, where the contributions of Indigenous knowledge systems are recognized and respected. This not only benefits the communities involved but also enriches the scientific process by fostering collaboration and mutual understanding.
Conclusion
As discussions around the inclusion of DSI in the Nagoya Protocol continue, it is essential for all stakeholders—nation-states, IPLC, and researchers—to engage in meaningful dialogue. By prioritising fair and equitable benefit sharing and emphasising the importance of provenance, we can move towards a more inclusive framework that respects the rights of Indigenous communities.
The journey towards effective ABS principles in the context of DSI is complex, but with initiatives like BC Labels, there is hope for a more transparent and accountable research environment. As we advance in this field, let us remember that the goal is not just to conduct research, but to conduct it ethically and responsibly, honoring the contributions and rights of all communities involved.
The full paper can be accessed here.
See also: Local Contexts – a a global initiative that supports Indigenous communities with tools for bicultural labels and bicultural notices that can reassert cultural authority in heritage collections and data. By focusing on Indigenous Cultural and Intellectual Property and Indigenous Data Sovereignty, Local Contexts helps Indigenous communities repatriate knowledge and gain control over how data is collected, managed, displayed, accessed, and used in the future.
Aotearoa Indigenous Rights Trust 