TITLE: Letter from São Luís do Maranhão AUTHOR: Numerous representatives of indigenous peoples of Brazil DATE: 6 December 2001 SOURCE: Submitted by David Hathaway URLS: Original in Portuguese: http://www.socioambiental.org/website/noticias/noticia.asp? File=Indios 2001-12-11-13-51.html; Photo image of original, with signatures: http://www.amazonia.org.br/pdf/carta_paje.pdf ; Translation (slightly corrected here) by Friends of the Earth - Amazônia Brasileira http://www.amazonia.org.br/english/guia/detalhes.cfm?id=647 NOTE: See BIO-IPR of 3 December 2001. São Luís Letter This document is the result of a meeting which took place in early December, 2001 in Sao Luis, State of Maranhão, Brazil. The event was organised by the National Industrial Property Institute. The so-called Sao Luis Letter makes 16 suggestions about how to better protect the millenial knowledge of the Indians and avoid biopiracy. Shamans from 20 indigenous tribes will send suggestions to the Intergovernmental Committee of the World Intellectual Property Organisation, which is linked to the United Nations Organisation. "We are sure that our recommendations and proposals will be accepted in the interest of humanity," says the letter. -- Friends of the Earth - Amazônia Brasileira LETTER FROM SÃO LUIS DO MARANHÃO We, representatives of indigenous peoples in multicultural Brazil where there are 220 peoples speaking 180 distinct languages and occupying 12% of Brazilian territory, gathered in São Luis do Maranhão between 4 and 6 December 2001, to discuss the theme "Indigenous Knowledge and Science and Industrial Property" at the invitation of the National Industrial Property Institute (INPI), declare: 1. That our forests have been preserved thanks to our millenial knowledge; 2. As indigenous representatives, we are important in the process of discussing access to biodiversity and traditional knowledge because our lands contain most of the world's biodiversity, around 50%, which has a great value in social, cultural, spiritual and economic terms. As traditional indigenous peoples who inhabit diverse ecosystems, we have knowledge about the management and sustainable use of this biodiversity. This knowledge is collective and is not a product that can be commercialised like an ordinary market product. Our knowledge of biodiverisity cannot be separated from our identities, laws, institutions, value systems and our cosmological vision as indigenous peoples; 3. We recommend the Brazilian Government to create a space for the participation of representatives of indigenous communities in the Genetic Heritage Management Council; 4. We recommend the Brazilian Government to create laws to regulate access to genetic resources and traditional knowledge in co-operation with indigenous communities and organisations; 5. We indigenous representatives strongly affirm to governments and international organisations our right to fully participate in national and international decisions about biodiversity and traditional knowledge, such as the Convention on Biological Diversity, the World Intellectual Property Organisation (WIPO), the United Nations Commission on Trade and Development, the World Trade Organisation, WIPO's Intergovernmental Committee of Intellectual Property related to Genetic Resources, Traditional and Folk Knowledge, among other organisations. 6. We recommend that all nations approve the United Nations Declaration on Indigenous Rights; 7. As representatives of indigenous peoples, we affirm our opposition to any form of patenting resulting from traditional knowledge and request the creation of punitive mechanisms to prohibit the theft of our biodiversity; 8. We recommend the creation of a government-financed fund to be managed by an indigenous organisation to subsidise research to be conducted by indigenous community members; 9. We recommend that the Federal Government create training courses for indigenous professionals working in the area of traditional knowledge rights; 10. We recommend that a second Shaman's Meeting take place to further discuss the Convention on Biological Diversity and Traditional Knowledge; 11. We recommend the creation of an Indigenous Committee to accompany the discussions and planning of the production of Traditional Knowledge; 12. We recommend that the government adopt a policy to protect biological and social diversity aimed at promoting the sustainable development of indigenous peoples. It is fundamental that the government guarantee resources for our communities to develop programmes to protect traditional knowledge and preserve species in situ; 13. Until the Brazilian National Congress approves the bill of law 2057/91 which institutes the Indigenous Societies Statute, which has been stuck in the House of Deputies for more than ten years, and ratifies ILO Convention 169, which has been stuck in the Senate for eight years even though it has already been approved by the House of Deputies, we propose that indigenous peoples discuss the need to establish a moratorium on the commercial exploration of traditional knowledge related to genetic resources; 14. We propose to the government that it recognise traditional knowledge as science, giving it a equivalent status in relation to western scientific knowledge, establishing a science and technology policy which recognises the importance of traditional knowledge; 15. We propose the adoption of a universal means of legally protecting traditional knowledge, an alternative system, a sui generis system, distinct from other laws protecting intellectual property rights which also addresses the following issues: the recognition of indigenous territories and their consequent demarcation; the recognition of the collective ownership of traditional knowledge; local indigenous communties' right to deny access to traditional knowledge and to genetic resources found in their territories; the recognition of indigenous peoples' traditional forms of social organisation; the inclusion of the principle of prior informed consent and a clear willingness to respect the participation of indigenous peoples in the equitable sharing of the benefits arising from the use of these resources and knowledge and which permits the continuity of the free exchange between indigenous peoples of their resources and traditional knowledge; 16. We propose that the creation of a databank of traditional knowledge be broadly discussed with indigenous communities and organisations and that it only be implanted after the rights mentioned in this document have been guaranteed. This meeting brought together members of indigenous communities with strong traditions as well as expert leaders to formulate these recommendations and proposals. Concerned with the advance of bioprospecting and the future of humanity, our children and our grandchildren, we reaffirm that governments should recognise that we have rights. For this reason we are sure that our recommendations and proposals will be accepted in the interest of humanity. São Luis do Maranhão, 6 December 2001