Indigenous peoples are facing a new wave of colonization, this time at the molecular level. Advances in molecular biology have enabled scientists to identify unique genetic data in human DNA. Since indigenous populations represent a significant percentage of the world's human diversity, we are also priority subjects for scientific curiosity.
Worldwide efforts such the Human Genome Diversity Project (HGDP), and numerous independent research projects, are interested in collecting human DNA samples from Indigenous peoples. Genetic research raises a complex range of legal, ethical and social issues for Indigenous peoples. Current legal protocols which govern the conduct of research on human subjects fail to recognize the rights of groups, like tribes, to control genetic material and information shared collectively by the group. While we have recognized rights and jursdiction over our territories and membership, recognition of our rights to our collective intellectual and cultural knowledge, and genetic resources, are battles yet to be waged and written into law and policy.
In this new age of bio-prospecting, indigenous knowledge and biological resources are extremely threatened by appropriation. Tribes must prepare to protect their biological resources from exploitation.
The IPBC Web Site is provided as a resource to Tribal Governments, Organizations and individuals to share current information on the issue of biopiracy, and what can be done about it.
In order to facilitate research, this site brings together several previously published documents relevent to the topic of human genetic research. These documents are provided in their original, unaltered format and all rights remain with the original authors. This includes documents by the National Institute of Environmental Health Services, UNESCO, Rural Advancement Foundation International, Society for Achaeological Advancement, and the Human Genome Diversity Project.
The Indigenous Peoples Coalition Against Biopiracy is a coalition committed to protect indigenous peoples biological resources from exploitation.
Technological advances in molecular biology have enabled scientists to identify unique genetic data in human DNA. Since indigenous populations represent a significant percentage of the world's human diversity, they are also priority subjects for scientific curiosity. Worldwide efforts such as the Human Genome Project and its offshoot, the Human Genome Diversity Project (HGDP), as well as numerous independent research projects, are interested in collecting human DNA samples from Indigenous peoples.
Genetic research generally, and projects such as the HGD Project raise a complex range of legal, ethical and social issues which concern Indigenous peoples. Current legal protocols which govern the conduct of research on human subjects fail to recognize the rights of groups, like tribes, to control genetic material and information shared collectively by the group. While we have recognized rights and jursdiction over our territories and membership, recognition of our rights to our collective intellectual and cultural knowledge, and genetic resources, are battles yet to be waged and written into law and policy. In this new age of bio-prospecting, indigenous knowledge and biological resources are extremely threatened by appropriation. Tribes must prepare to protect their biological resources from exploitation. The following sections highlight some of the concerns regarding genetic research for indigenous peoples.
Commercialization and Ownership of Life
The HGD Project raises troubling questions regarding the definition of genetic samples or the products and data derived from them as "property." Patent law is the primary vehicle that enables scientists to secure exclusive rights to the commercial benefits of their genetic research. Patent laws grant a limited property right to the patent holder, and exclude others from using the patented item for a specific period of time, usually for a 17-20 year period. Patents are usually granted for newly created inventions, as a means of recognizing the scientist's "intellectual property rights." Once a valuable gene is located and isolated, it can be patented and mass-produced for commercial purposes.
The HGD Project will maintain a policy of open access making genetic samples available to anyone seeking access, in perpetuity, opening the doorway for potential widespread commercialization and misuse of the genetic samples.
Three recent cases best exemplify the concern for patenting. The US Secretary of Commerce filed a patent claim on the cell line of 26-year Guaymi woman from Panama in 1993. A wave of international protest and action by the Guaymi General Congress lead to the withdrawal of the patent claim in late 1993. The Department of Commerce also filed patent claims on the human cell lines of an indigenous person from the Solomon Islands. The patent claim was also later abandoned. The US Patent and Trademarks Office (PTO) approved patents on the cells lines of a Hagahai man from Papua New Guinea. The patents were granted to the US Department of Health and Human Services and the National Institutes of Health (NIH) in March, 1994. Once again, the patent holders faced public outcry and in late 1996, the NIH abandoned the patent.
Gene Banking and Immortalized DNA
The blood samples will be 'immortalized" for future study utilizing a technique of cell transformation which keeps cells viable for several years, and capable of generating unlimited amounts of DNA available for research. The immortalized cell lines would be stored in various gene banks around the world. There is minimal control over who can have access to the genetic materials. The HGD Project collections of genetic samples will be available to anyone interested in doing research on them.
Euro-centric Scientific Theory and Discrimination
Expressing a sense of urgency, the HGD Project proposes to collect the DNA samples of indigenous peoples and store the collections in gene banks in order to "avoid the irreversible loss of precious genetic information". Referring to Indigenous populations as "isolates of historic interest (IHI's)" the HGD Project plans to immortalize the DNA of disappearing populations for future study. The initial conceptualization of the HGD Project has been widely criticized for its consideration of indigenous peoples as mere research subjects, with little regard for the continued livelihood of the targeted populations. The HGD Project has also be sharply criticized for failing to consult with indigenous peoples throughout its planning processes.
Scientists expect to reconstruct the history of the world's populations by studying genetic variation to determine patterns of human migration. In North America, this research will likely result in the validation of the Bering Strait theory. It's possible these new "scientific findings" concerning our origins can be used to challenge aboriginal rights to territory, resources and self-determination. Indeed, many governments have sanctioned the use of genomic archetypes to help resolve land conflicts and ancestral ownership claims among Tibetans and Chinese, Azeris and Armenians, and Serbs and Croats, as well as those in Poland, Russia, and the Ukraine who claim German citizenship on the grounds that they are ethnic Germans. The secular law in many nations including the United States has long recognized archetypal matching as legitimate techniques for establishing individual identity.
Conflicts with Common Indigenous Principles and Ethics
Collections of biological materials are taken not just from the living, but also from the deceased. For most Native peoples this represents a serious violation of the sanctity of our deceased ancestors. Many indigenous peoples regard their bodies, hair and blood as sacred elements, and consider scientific research on these materials a violation of their cultural and ethical mandates. Indigenous peoples also maintain a deep commitment to protect and maintain their ancestral identity. While there is no specific words for genes or DNA in our languages, an interpretation could mean genealogy, heredity, ancestry, or future generations. Many indigenous people consider any manipulation of their genetic composition a serious assault to their genetic integrity.
Indigenous peoples have expressed criticism of Western science which fails to consider the inter-relatedness of holistic life systems, and which seeks to manipulate life forms using genetic technologies. There is grave concern regarding the short and long-term impacts of genetically-modified life forms on the environment.