2023 Volume 24 Pages 39-48
This paper explores the interplay between Indigenous and Local Knowledge (ILK) and the concept of cultural commons. We propose the idea that the ownership, management, and benefits of cultural resources mutually shape their status, and from this dynamism, a cultural commons emerges. By positioning ILK as a cultural commons, both protected and shareable, we suggest that societal benefits can thereby be reaped. The interaction between ILK and scientific knowledge can generate new insights. However, this synergy also raises critical questions regarding the equitable distribution of economic benefits and the protection of ILK. The Nagoya Protocol has made progress in addressing the equitable sharing of benefits, but ensuring fair distribution remains a challenge. One possible solution is to introduce a monitoring function for benefit sharing. However, this could inadvertently lead to the emergence of “licit intermediate exploiters.” Collaborative efforts under the Protocol can increase non-monetary benefits. An open/closed strategy led by “conscientious outsiders” who are sensitive to the sentiments of the parties involved and who seek to harmonize the facets of the cultural commons will be beneficial in addressing these issues.
