Will Sarawak's Biodiversity Centre Safeguard Indigenous Community's Interest?

Being one of the signatories of the international Biological Diversity Convention (BDC) Malaysia established its National Biodiversity Policy in 1997, four years after the agreement came into force. The policy states its vision as: to transform Malaysia into a world centre of excellence in conservation, research and utilisation of tropical biological diversity by the year 2020.

In Sarawak, the State legislated the Sarawak Biodiversity Centre Ordinance in November, 1997 and it came into force in January the following year.

The responsibility of the Centre ranges from "policies and guidelines for scientific research or experiment related to the use of biological resources of Sarawak for pharmaceutical, medicinal and other specific purposes." (Section 5(a) of the said Ordinance)

Such a step ahead of national effort reflects the State's keenness in exploring the values of its biological resources. We could not suspect such vigour generated from the research of the Bintagor tree (Calophylum lanigerum) in the 1980's, which contends the chemical substance (+)-Calanolide A, for fighting AIDS Virus and also possesses anti-TB properties.

Currently entering its I/II phase of experiment, the drug is expected to be ready for the market within the Second Quarter of 2002. Sarawak Medichem Pharmaceuticals Inc., a joint venture establishment between Medichem Research of the USA and the State of Sarawak formed in 1987, holds a patent for the total synthesis of (+)-calanolide A. The venture is expecting world-wide multi-billion dollars business once the drug production starts. (for more information you could visit www.sarawak-medichem.com)

During a recent workshop organised by the Sarawak Biodiversity Centre in Kuching on 31st March 2000, Dr. Paul Quek of the International Plant Genetic Resources Institute called for documentation of traditional knowledge and cultural practices. He proposed an Indigenous Knowledge Journal as a practical way of documenting the knowledge derived from farmers and researchers, and protecting the farmers' rights by recognition of their knowledge. (Sarawak Tribune 31/04/2000)

Quak said, based on his research in Yunan, China, the journal concept had been successfully implemented.

This is indeed a great idea. The Sarawak Biodiversity Centre is planning a hands-on training workshop in September on the documentation of traditional knowledge.

No doubt that 'biodiversity,' which has become a buzzword since the last decade, contributes toward benefiting the human society in many ways.

Sarawak, which shares the Northwest part of the world's third largest island of Borneo, used to had a vast area of rainforest which is known as a mega centre of biodiversity. Scientists believe that more than half of the world's bio-species are found in the tropical forest that composed of only 5-7% of the entire earth surface area.

The documentation of indigenous knowledge would make it easier for scientists to conduct research. Most research works manage to narrow down on a few particular plants with the help of indigenous people who are knowledgeable through their long time cultural practices passed down by their ancestors. However, the profit resulted from such research that produces life-saving pharmaceutical drugs are always not shared by the indigenous people.

Over the past few years, international NGOs have been making efforts to create legal frameworks for community and collective rights. A number of groups are working on the 'sui generis' (meaning 'unique' or 'of its own kind') intellectual property systems that really serve to protect the rights of indigenous peoples and farming or other local communities. However, there seems to have little work on such concern in Malaysia.

Earlier in October, 1999, an international panel of 50 experts met in Costa Rica to discuss access and benefits distribution on the Convention on Biological Diversity (CBD).

Among some of the recommendations were:

Agreements on access and benefit sharing, with particular emphasis on developing the capacities of local communities to participate in the negotiation of such agreements on equal grounds.

Legislation that must be consistent with CBD goals and would be most appropriately based on national biodiversity strategies that include strategies for access and benefit distribution.

Prior informed consent (PIC) that serves as an important mechanism to ensure full community participation in decision making, including consideration of sui generis. It was agreed that sui generis system need to be developed to protect traditional knowledge. (see www.grain.org for Seedling, December, 1999, P14-15)

The Sarawak Biodiversity Centre Ordinance is passed without public discussion, nor could we find any participation by indigenous community people. The Regulations on Access, Collection and Research came into force in January, 1999.

In March 2000, the Centre seized 500 biological specimens from a group American scientists who collected those from Buda Cave of Limbang Division without a permit. Such action would of course be necessary to protect the state's biological resources from being pirated.

However, the issues of access, rights, and benefit sharing for local and indigenous communities are yet to be addressed. Under this Ordinance, indigenous people's traditional practice in collection of biological resources might be an offence if permit is not sought from the Centre.

It is worthwhile to raise the concern on the regulation of patent or copyright on research discovery of biological resources that has pharmaceutical, medicinal, biotechnological, scientific, commercial or economic value, properties or potential.

According to the regulation, a payment shall be imposed on use of such resources determined by the Sarawak Biodiversity Centre Council. (Sarawak Biodiversity Regulations, 1998, Regulation 17 and 18) Without the approval of the Council, no person shall germinate, propagate, breed or cultivate any protected species of animal, plant, insect or aquatic life. (Regulation 20)

An offence of such regulation should be a fine of RM20,000 (about US$5260) or imprisonment for three years or both. (Regulation 22)

Under such situation, the indigenous use of such species could be seriously undermined. For instance, when a medical plant that currently used by the indigenous people is patented, the continuous use of the plant by the communities would be considered as an offence.

Meanwhile, the research into the Bintangor tree for AIDS cure has claimed that it was scientists' own discovery without the aid of local people's knowledge. However, it is also known by some of the indigenous people of the plant's medicinal value as practice culturally.