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Pacific Genes & Life Patents PACIFIC GENES & LIFE PATENTS GENES & PACIFIC PACIFIC GENES & LIFE PATENTS Editors: Aroha Te Pareake Mead and Steven Ratuva Ratuva Steven and Mead Pareake Te Aroha Editors: Pacific Indigenous Experiences & Analysis of the Commodification & Ownership of Life Editors: Aroha Te Pareake Mead and Steven Ratuva Published in 2007 by: Call of the Earth Llamado de la Tierra and The United Nations University Institute of Advanced Studies ISBN 0-473-11237-X Note from the Publishers: Call of the Earth Llamado de la Tierra is an international indigenous initiative on cultural and intellectual property policy committed to profiling indigenous authors who analyse cultural and intellectual property issues affecting their communities, peoples and regions. For further information refer to: www.earthcall.org The United Nations University Institute of Advanced Studies is one of a number of research and training centres and programmes spread around the world that are part of the UNU system. The Institute is committed to contributing creative solutions to key emerging issues of global concern. For further information refer to: www.ias.unu.edu The opinions expressed herein remain those of the authors and do not necessarily reflect the views of the organizations that have provided support for this publication Copyright: This publication has been produced as an educational resource and is copyrighted under a Creative Commons Licence Creative Commons is a copyright that sits between full copyright (all rights reserved) and the public domain (no rights reserved). Creative Commons is a some rights reserved copyright. This publication is licensed under Licence 2.5 “Attribution-Non-Commercial-No.Derivs” Copyright for the whole publication is vested with Call of the Earth Llamdo de la Tierra Copyright for each individual contribution of chapters and/or photos, is retained by the individual authors and/or photographers Readers are encouraged to use, copy and circulate the information and to translate into other languages, as long as; (i) authors and photographers and the publication as a whole are duly attributed and cited; (ii) no part of the publication is used for commercial purposes (including on-selling); and (iii) None of the works are to be altered or transformed. Cover Design: Len Hetet / Ocean 64 Limited Layout Design: Len Hetet / Ocean 64 Limited Printed by: Red-i Cover Images: top, kava ceremony, Macuata, Fiji (Brent Stirton/WWF-Pacific) bottom, woman from the Pinai tribe, PNG (PNGIMR Copies available from: Call of the Earth Llamado de la Tierra Aroha Te Pareake Mead Maori Business, Victoria Management School Victoria University of Wellington PO Box 600, Wellington, New Zealand [email protected] or through: [email protected] The publishers acknowledge the financial support of; Nga Pae O Te Maramatanga, New Horizons of Insight, the National Institute of Research Excellence for Maori Development & Advancement, NZ www.maramatanga.ac.nz Victoria Management School, Victoria University of Wellington, NZ www.vms.vuw.ac.nz The University of the South Pacific, Pacific Institute of Advanced Studies in Development and Governance www.usp.ac.fj/piasdg CONTENTS 6 Preface, Professor A.H. Zakri, Director, UNU-IAS 8 Foreword, Editors Aroha Te Pareake Mead & Steven Ratuva 14 Biographical Details of Authors SECTION ONE AOTEAROA/ NEW ZEALAND 23 Jessica Hutchings Is Biotechnology an Appropriate Development Path for Maori? 34 Aroha Te Pareake Mead The Polynesian Excellence Gene & Patent Bottom-Trawling 60 Paul Reynolds The Sanctity and Respect for Whakapapa: The Case of Ngati Wairere & AgResearch 74 Linda Tuhiwai Smith Getting The Story Right – Telling The Story Well, Indigenous Activism – Indigenous Research COOK ISLANDS 82 Te Tika Mataiapo - Dorice Reid Pig Cell “Guinea Pigs’ - an Experience of Xenotourism: The Proposed Diatranz Experiment in the Cook Islands FIJI ISLANDS 90 Steven Ratuva Na kilaka a vaka-Viti ni veikabula: Indigenous Knowledge and the Fijian Cosmos: Implications on Bio-Prospecting 102 Joeli Vakabua A Fijian’s Perspective on the Use and Ownership of Intellectual Property HAWAII 114 Le’a Malia Kanehe From Kumulipo: I Know Where I Come From - An Indigenous Pacific Critique of the Genographic Project 130 Walter Ritte & Le’a Malia Kanehe Kuleana No Holoa (Responsibility for Taro) Protecting the Sacred Ancestor From Ownership and Genetic Modification PAPUA NEW GUINEA 138 Alphonse Kambu An Analysis of Legal, Policy & Ethical Issues in Papua New Guinea Post-Hagahai 150 Eric L Kwa In the Wake of the Hagahai Patent: Policy & Legal Developments on Gene Ownership and Technology ROYAL KINGDOM OF TONGA 166 Sister Keiti Ann Kanongata’a Autogen and Bio-Ethics in Tonga: An Ethical and Theological Reflection 172 Lopeti Senituli Ngeia ‘o e Tangata - It’s About Human Dignity SAMOA 178 Clark Peteru The Mamala Plant Patent 184 Clark Peteru Comments on The Pacific Regional Model Law on Traditional Biological Knowledge, Innovations & Practices VANUATU 190 Chief Viraleo Boborevanua and Motarilavoa Hilda Lini Vweu I Nagolumun Rahuana - Safeguarding Genetic Inheritance - Turaga Experience SECTION TWO PACIFIC INSTRUMENTS RELATING TO GENES AND GENE PATENTS 197 The Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples (1993) 201 Treaty For A Lifeforms Patent-Free Pacific And Related Protocols (1995) 214 United States Patent 5,397,696. Yanagihara, et al. March 14, 1995 Papua New Guinea human T-lymphotropic virus (1995) 237 Traditional Biological Knowledge, Innovations And Practices Act (2000) 245 Statement Of Bioethics Consultation Tonga National Council Of Churches Centre Nukuoalofa, Tonga (2001) 249 Model Law For The Protection Of Traditional Knowledge And Expressions Of Culture (2002) 262 Paoakalani Declaration (2003) PREFACE Many international organizations are seeking to engage with indigenous communities in a mutually beneficial relationship, and in ways that enable indigenous communities to have greater visibility in national and international processes affecting them. Call of the Earth, Llamado de la Tierra (COE) is a global initiative on indigenous intellectual property policy that is wholly indigenous and has as one of its major aims the profiling and publication of indigenous analysis on cultural and intellectual property issues. The United Nations University Institute of Advanced Studies (UNU-IAS) is fortunate to have established a collaborative relationship with COE in 2001. It is through this collaboration with COE, that UNU-IAS has been able to contribute to this groundbreaking publication on Pacific Genes and Life Patents. The South Pacific is a unique and highly complex region that has the world’s largest ocean and is home to some of the greatest cultural, linguistic and biological diversity in the world. It is also a region where the majority population is indigenous and still retains much of their traditional knowledge and the values of their communities. The cultural and biological diversity of the region however is under threat due to a series of factors, including population growth, over-fishing and poverty. As a region, the Pacific has experienced more than its fare share of external experimental research that has resulted in the commodification and misappropriation of important components of their ancestral inheritance. For others, it might be difficult to understand how a plant could be regarded as a living ancestor, or that human blood retains its life spirit even after it has been collected for medical research and synthesized and isolated for specific DNA qualities. Such values are still very much a part of the daily lives and analysis of Pacific communities. This publication provides the first of its kind report on specific cases that have been experienced by Pacific communities in Polynesia and Micronesia. First of a kind because the case examples are written by Pacific indigenous writers who are from the communities affected and/or were actively involved in the resultant community responses. It is the aim of this COE and UNU-IAS report to provide to students, policy analysts, legislative drafters, biotechnology companies, patent owners and indigenous communities an educational resource that documents and records Pacific responses to genetic research and products and patents on life forms. It is hoped that readers will gain a greater understanding of and respect for the views of Pacific communities. The United Nations University Institute of Advanced Studies (UNU-IAS) was established in 1996 as a research and training centre of UNU to undertake research and postgraduate education on emerging issues of strategic importance for the United Nations and its Member States. Pursuant to its Statute, UNU-IAS undertakes its work in an independent, neutral and objective manner. A key purpose of the Institute is to promote interaction between the UN System and other bodies. Collaboration with Call of the Earth on this Pacific report fits comfortably within the Institute’s wider programme on traditional knowledge and biodiversity, which includes initiatives on traditional communities ability to adapt to climate change and traditional management of wetlands. The programme is also working with Call of the Earth to examine certificates of origin for traditional resources and associated knowledge. Professor A H Zakri Director, United Nations University, Institute of Advanced Studies, Yokohama, Japan FOREWORD “Considering that traditional and local knowledge systems, as dynamic expressions of perceiving and understanding
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