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Speaking in Tongues: Indigenous participation in the development of a Sui Generis regime to protect traditional knowledge in Peru

Brendan Tobin, Krystyna Swiderska

Case study, 45 pages

Peru was the first country to develop a sui generis regime to protect the traditional knowledge of its indigenous people. This report examines the process of indigenous participation in the development of the law (1996-2000), which culminated in the training of indigenous facilitators and preparation of information materials for consultation at regional level. Peru's experience highlights the critical need for broad and active indigenous participation in order to ensure that their rights as traditional knowledge holders are fully and effectively protected, and to avoid the risk of designing measures that could accelerate the loss of traditional knowledge. The report also identifies recommendations for securing indigenous participation in policy making, including key principles and steps.

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