Rationale

The Tkarihwaié:ri Code of Ethical Conduct provides voluntary guidelines to respect and preserve the cultural and intellectual heritage of Indigenous and local communities. It addresses concerns over the exploitation of traditional knowledge and the impacts of development on Indigenous lands. The Code supports the conservation and sustainable use of biodiversity, as outlined in Article 8(j) of the Convention on Biological Diversity (CBD), by promoting ethical interactions, equitable benefit-sharing, and acknowledging Indigenous communities as custodians of a vast majority of the world’s genetic resources. It complements existing frameworks such as the Akwé:Kon Guidelines and the Bonn Guidelines to ensure harmonisation and practical implementation of these ethical principles.

Ethical principles

Key principles of the Code include:

• Respect for traditional knowledge: Indigenous knowledge must be treated as an equal and complementary system to scientific research.
• Informed consent: Activities involving Indigenous communities must obtain their prior informed consent or approval without coercion or manipulation.
• Transparency and fair benefit sharing: Indigenous communities should be fully informed about activities impacting them and receive equitable benefits for their contributions. These benefits aim to strengthen communities while promoting biodiversity conservation objectives.
• Cultural sensitivity: Sacred sites, ceremonies, and traditional knowledge must be respected. External standards or values should not be imposed on Indigenous communities.
• Non-discrimination: Ethical conduct should prevent exploitation and address gender equity, disadvantaged groups, and representation.
• Safeguarding ownership: Respect for both collective and individual rights to Indigenous communities’ knowledge and resources is crucial for cultural and ecological sustainability.
• Conflict resolution: Culturally appropriate mechanisms must be in place to address disputes arising from biodiversity activities.

Specific considerations

The Code highlights the intricate connection between Indigenous culture, biodiversity, and ecosystems. Key considerations include:

• Access to resources: Indigenous communities must retain access to their lands, sacred sites, and traditional resources for cultural survival and biodiversity conservation. Their traditional land tenure systems should be respected, recognising that sparsely populated areas are not necessarily unoccupied.
• Custodianship: Indigenous communities serve as traditional custodians of ecosystems. Their involvement in managing sacred sites, protected areas, and other key biodiversity zones is vital for conservation efforts.
• Restitution and repatriation: Any harm caused by activities must be addressed through fair compensation and efforts to restore resources or repatriate traditional knowledge. This includes making information accessible to aid in the recovery of lost knowledge.
• Social structures: The societal frameworks of Indigenous communities, including the roles of elders, women, and youth in knowledge dissemination, should be respected and supported. Empowering these groups strengthens the transmission of traditional practices essential for biodiversity.

Recommendations for implementation

The Code urges governments, organisations, and stakeholders to:

• Promote education and training on ethical principles for researchers, private developers, and policymakers to ensure equitable engagement with Indigenous communities.
• Develop national frameworks tailored to local contexts, ensuring full participation of Indigenous representatives in all decision-making processes.
• Encourage funding agencies and development organisations to support capacity-building initiatives, enabling Indigenous communities to lead biodiversity conservation and research efforts.
• Collaborate with Indigenous groups to integrate their knowledge systems and promote inter-cultural dialogue in biodiversity policies and projects.

Methods

The implementation of the Code relies on participatory and cooperative approaches, focusing on:

• Negotiations in good faith: Stakeholders must respect Indigenous decision-making structures and timelines during engagements.
• Capacity building: The Code supports community-driven research, empowering Indigenous groups to build their competence and enhance their biodiversity conservation efforts.
• Gender considerations: Women’s pivotal role in conservation should be recognised, ensuring their full and effective participation in all levels of policy-making and implementation.
• Confidentiality and reciprocity: Information shared by Indigenous communities must be protected from unauthorised use. Findings should be shared back with these communities in culturally appropriate formats, promoting mutual knowledge-sharing.
• Conflict avoidance: The Code advocates for peaceful conflict resolution mechanisms and encourages stakeholders to avoid disputes within and between Indigenous groups.