Traditional Communities as "Subjects of Rights" and the Commoditization of Knowledge in Brazil

Authors

  • Noemi M Porro Universidade Federal do Pará
  • Joaquim Shiraishi, Neto Universidade Federal do Maranhão
  • Roberto Porro Embrapa Amazônia Oriental

DOI:

https://doi.org/10.18584/iipj.2015.6.2.8

Abstract

The International Labor Organization (ILO) Convention 169 and the Convention of Biological Diversity (CBD) led signatory state-members to recognize traditional communities as subjects of rights, and no longer as objects of tutelage. However, their implementation may bring new challenges in states adopting market-based decision-making to rule social life. In pluri-ethnic societies in which power differentials are structurally embedded, traditional communities and companies exploring their resources and knowledge have been, historically, unequal and opposed parties. In processes of benefit sharing, these unequal social actors are wrongfully considered equally free subjects of rights in negotiating contracts in supposedly free markets. Erasing historical and structural differences, and assuming equality in an unequal world will only reproduce the inequality that CBD has aimed to address.

Downloads

Published

2015-05-11

Issue

Vol. 6 No. 2 (2015): The Future of Traditional Knowledge Research: Building Partnership and Capacity

Section

Policy

License

Copyright (c) 2015 Noemi M Porro, Joaquim Shiraishi, Neto, Roberto Porro

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

In keeping with IIPJ's Open Access policy, IIPJ has a shared approach to copyright. A shared approach means that authors do not have to waive all of their rights to the work published in IIPJ. By submitting to IIPJ, the author(s) grant(s) IIPJ the right to:

  1. Copy edit the article,
  2. Display the article in perpetuity, and
  3. Enforce the conditions of the Creative Commons license associated with the article.

All articles published in IIPJ carry the Creative Commons Attribution, Non-Commercial, No Derivatives license (click here for the human-readable summary and here for the legal code).

This means that the article can be copied or redistributed without written permission from the author(s) or IIPJ if the following conditions are met:

  1. IIPJ is appropriately credited as the original source. The reference should include the article's DOI (Digital Object Identifier), which helps us track the dissemination of articles published in IIPJ.
  2. The article is not being used for a commercial purpose. Users must be able to access the reprinted or republished article without paying any fee.
  3. The article is not altered from its original form. This means it cannot be edited, transformed, remixed, or truncated in any way. This policy protects our authors from having their work or intent misrepresented.

Any reprints, republications, or distributions that do not meet all of these conditions must be approved in writing by the author(s) of the article and IIPJ.

IIPJ will not grant permission to any publisher that requires authors or IIPJ to waive any of their rights to the article.

Authors who wish to reprint, republish, or distribute their article published in IIPJ for any commercial purpose must obtain written permission from IIPJ and provide appropriate attribution.

IIPJ will consider accepting articles that have been previously published. However, authors submitting articles of this nature must:

  1. Indicate that the article was previously published,
  2. Provide details of all previous publications (that is, source, publication date, format, etc.),
  3. Describe how their IIPJ submission differs from the original publication, and
  4. Provide written permission to republish the article from the copyright holder(s) if applicable.