Presentación de Kyle Lingard de Australia en el marco del Seminario Internacional de Expertos sobre 'Diversidad Cultural, Sistemas Alimentarios y Estrategias Tradicionales de Vida' realizado del 4 al 6 de noviembre de 2014 en Cusco Perú.

1. Practical legal strategies to support the interests of
remote Aboriginal peoples in their bush food knowledge
Kylie Lingard
Australian Centre for Agriculture & Law
Cooperative Research Centre for Remote Economic Participation

2. Today…
1. Bush food systems and knowledge interests
2. Australian law and policy support for these interests
3. Our approach to strategies to support these interests
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Remote Australia
85% of land - 3% of population (550 000) - 25% of the Aboriginal population (140 000)

4. Lots of different foods...
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Kakadu Plum
Muntries
Desert lime
Riberry
Wattle seed Desert raison

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Anmatyerr women from the Ti Tree region search for Akatyerr in the southern Tanami Desert (Photo by Fiona Walsh)
Bush food systems are ancient wild harvest systems
that support a range of cultural, social, environmental
and livelihood values.

6. The systems depend upon Aboriginal people’s
knowledge of harvesting practices, plant uses
and properties, and conservation and resource
management techniques.
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An Aboriginal man practising firestick farming

7. Lots of different peoples with lots of different interests…
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8.  maintain the connection between plants and knowledge
 preserve knowledge for future generations
 maintain wild harvest and land management practices
 commercial support for wild harvest supply
 control access to and use of plants and knowledge
 fair payment for authorised uses of knowledge
 recognition and compensation for contributions to bush food
conservation and development
 preserve legal rights in knowledge
 inclusion in law, policy and decision making processes
 support for knowledge-based enterprise development
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Some of the interests shared with us to date…

9. These interests sit alongside other interests…
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Government interests e.g. Commercial interests e.g.
Conservation and sustainable use Returns on investments
Protection of intellectual creations Profit
Remote enterprise development Strategic market positions
Aboriginal knowledge interests Stable supply chains

10. In Australia…
…there is some theoretical support for some interests:
 ability to control access to plants on Aboriginal land
 ability to control use of confidential knowledge
 right to object to other people claiming legal rights in knowledge
 funding for existing enterprises, and non-commercial land
management activities and knowledge recordings
…but most of these avenues are problematic.
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11. A single piece of law reform is unlikely to support every
interest.
Australia is most unlikely to implement any radical law
reforms.
So we needed to look at a set of practical strategies that may
work together to improve support for the diverse interests of
remote Aboriginal peoples in their bush food knowledge.
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One set of strategies may involve…
Incorporate interests into organisational policy1
Certify and coordinate wild harvest supply2
Create a right to exploit new bush foods3
Create a one-stop shop for aspiring entrepreneurs4
Create a one-stop database service5
Facilitate right to object to patents and trademarks6
Utilise Reconciliation Action Plans7

13. Where to from here?
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…a sustainable framework to support the interests of most peoples.
Undertake a collaborative reform process
Build acceptance of the need for reform
Promote incremental improvements to the status quo
Create a space for people to share interests
Government tasks an independent agency to…

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