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The General Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 76th Session on 7 June 1989, and Noting the international standards contained in the Indigenous and Tribal Populations Convention and Recommendation, 1957, and Recalling the terms of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the many international instruments on the prevention of discrimination, and Considering that the developments which have taken place in international law since 1957, as well as developments in the situation of indigenous and tribal peoples in all regions of the world, have made it appropriate to adopt new international standards on the subject with a view to removing the assimilationist orientation of the earlier standards, and Recognising the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions, within the framework of the States in which they live, and Noting that in many parts of the world these peoples are unable to enjoy their fundamental human rights to the same degree as the rest of the population of the States within which they live, and that their laws, values, customs and perspectives have often been eroded, and Calling attention to the distinctive contributions of indigenous and tribal peoples to the cultural diversity and social and ecological harmony of humankind and to international co-operation and understanding, and Noting that the following provisions have been framed with the co-operation of the United Nations, the Food and Agriculture Organisation of the United Nations, the United Nations Educational, Scientific and Cultural Organisation and the World Health Organisation, as well as of the Inter-American Indian Institute, at appropriate levels and in their respective fields, and that it is proposed to continue this co-operation in promoting and securing the application of these provisions, and Having decided upon the adoption of certain proposals with regard to the partial revision of the Indigenous and Tribal Populations Convention, 1957 (No. 107), which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention revising the Indigenous and Tribal Populations Convention, 1957; adopts this twenty-seventh day of June of the year one thousand nine hundred and eighty-nine the following Convention, which may be cited as the Indigenous and Tribal Peoples Convention, 1989.

This Report is part of a process to develop practical reform proposals for the improved recognition and protection of indigenous Cultural and Intellectual Property. it contains findings and recommendations developed out of extensive consultations with ATSIC s Indigenous Reference Group and other interested parties, and in light of feedback received as submissions to the Discussion Paper. The Discussion Paper, Our Culture: Our Future, which put forward proposals for the improved recognition and protection of Indigenous Cultural and Intellectual Property, was released in July 1997. The Discussion Paper identified and outlined some issues and proposed solutions raised in submissions received in response to the following previous government inquiries: _ Stopping the Ripoffs: Intellectual Property Protection for Aboriginal and Torres Strait Islander Peoples. _ The House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Inquiry into Culture and Heritage. _ Social Justice Reports and findings from the consultation process conducted by ATSIC, the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner, and the Council for Aboriginal Reconciliation. The Discussion Paper was sent to various Indigenous organisations, industry bodies and government organisations seeking responses to various reform options for the improved recognition and protection of Indigenous Cultural and Intellectual Property. The paper also aimed to inform Indigenous peoples about the current laws and international developments which effect their rights to use and control their cultural and intellectual property. A total of 70 submissions were received in response to the Our Culture: Our Future Discussion Paper. A full list of respondents is included in Appendix 2.

This report examines the current status of intellectual property laws as they relate to natural resource management and ‘Indigenous Ecological Knowledge’ (IEK) in the Northern Territory. Indigenous people have been managing the natural resources of the NT for many generations. The changes brought about by European settlement over the past century have been immense. Removal from land, government regulation and changes to lifestyles has greatly affected Indigenous involvement in the management of the NT’s natural resources. Increasingly, Indigenous people are being consulted and involved in natural resource management in the NT as the broader community gains an appreciation of the depth of knowledge held by Indigenous people about the land and its resources. Participation by Indigenous people and the use of IEK in natural resource management has the potential to provide substantial beneficial outcomes for all involved. That said it is essential that IEK is treated with respect and care, given the sensitive nature of much of the knowledge concerned. Indigenous ecological knowledge is used in Natural Resource Management in the Northern Territory (NT) in a variety of projects relating to land management including caring for our country, National Parks and Wildlife projects, recording of cultural knowledge of plants and animals, bioprospecting by pharmaceutical companies and university research projects.

Indigenous Australians are the Aboriginal and Torres Strait Islander people, the original inhabitants of Australia. Indigenous cultural and intellectual property refers to Indigenous Australians’ heritage. It includes items of cultural expression such as the songs, dances and stories; the traditional knowledge of Indigenous people; and the cultural objects, sites, places, human genetic material including DNA and tissue, environmental material including minerals and species of flora and fauna, ancestral remains and documentation of Indigenous peoples' heritage. Indigenous cultural property and intellectual property are connected, as Indigenous people see the intangible aspects linked with tangible things. Our research focuses on the following components of Indigenous intellectual property: (a) Indigenous cultural expression – including songs, stories, dance and other cultural expression. (b) Traditional knowledge – including ecological knowledge of biodiversity, medicinal knowledge, environmental management knowledge, and cultural and spiritual knowledge and practices. Indigenous cultural and intellectual property rights refer to the inherent rights of Indigenous Australian's to ownership and control of their heritage Indigenous people today still assert rights to the intellectual property aspects of their Indigenous heritage. Indigenous customary law plays a large part in determining the ownership, use and exploitation of aspects of Indigenous heritage. This Background Paper will explore some of the ways in which Indigenous customary laws relating to the ownership, use and exploitation of Indigenous intellectual property are restrained, protected or facilitated by Commonwealth and state laws.

Solanum centrale JM Black (bush tomato) (Solanaceae) commonly called bush raisin or bush tomato, or known locally as kampurarpa, is a small clonally spreading undershrub with yellow fruit that dry on the plant to resemble a raisin. The fruit provides excellent nourishment and is recognised as possibly the most important of all Central Australian native plant foods, and is one of the key commercially significant bushfood species. One of the main obstacles to the horticultural cultivation of S. centrale is the low germination rate of the seed. Seed viability and the effects of heat, smoke, soaking, leaching, temperature, scarification and NaCI salinity on germination rates and percentages were investigated. Seed dormancy is imposed by the seed coat; once scarified, germination of two seed lots approached the viability levels determined through tetrazolium testing. Germination did not differ at temperatures of 12, 20 or 28°C, indicating that there is no seasonal temperature preference. Soaking and leaching promoted germination in one each out of five experiments, while heat had no effect. Smoke enhanced the total germination of three of the six provenances tested, once dormancy was broken by seed coat scarification. The seeds showed considerable salinity tolerance, germinating in solutions of up to 200mM 2 NaCI, although 0 and 25mM NaCI produced higher total germination. As part of this research, a plant tissue culture system was developed that stimulated multiple shoot initiation from different type of explants, resulting in multiple shoot clumps forming on various media within 6 weeks. Aseptic cultures were initiated from mature plants, using apical shoots of 5mm in length and placed on basic MS medium supplemented with 2μM BAP. Three types of explants were investigated: apical buds, nodal cuttings with one axillary bud per explant, and leaf segments of 10mm2 including the mid vein. The formation of adventitious shoots was achieved using half MS medium with B5 vitamins and BAP, kinetin, and zeatin at concentrations of 1, 5, 10 and 25μM with IAA at 1μM. Roots formed when clumps of shootlets were transplanted to the glasshouse environment and planted in perlite:sand:peat potting mixture.

Solanum centrale J.M. Black (Solanaceae) commonly called bush raisin or bush tomato, or known locally as “kampurarpa”, is a small clonally spreading undershrub with yellow fruit that dry on the plant to resemble a raisin. The fruit provides excellent nourishment and is recognised as possibly the most important of all Central Australian native plant foods, and is one of the key commercially significant “bushfood” species. One of the main obstacles to the horticultural cultivation of S. centrale is the low germination rate of the seed. In this research, a medium was developed that stimulated multiple shoot initiation from different type of explants, resulting in multiple shoot clumps forming on various media within 6 weeks. Aseptic cultures were initiated from mature plants, using apical shoots of 5 mm in length and placed on basic MS medium supplement with 2 µM BAP. Three types of explants were investigated: apical buds, nodal cuttings with one axillary bud per explant, and leaf segments of 10 mm2 including the mid vein. The formation of adventitious shoots was achieved using half MS medium with B5 vitamins and BAP, kinetin, and zeatin at concentrations of 1, 5, 10 and 25 µM with IAA at 1 µM. Roots formed when clumps of shootlets were transplanted to the glasshouse environment and planted in perlite:sand:peat potting mixture.

Hydrophilic phytochemicals and antioxidant capacities of eight commercially grown native Australian fruits were determined. Kakadu plum (Terminalia ferdinandiana) contained a 6-fold higher level of total phenolic compounds and quandong (Santalum acuminatum) a 1.9-fold higher level of total phenolic compounds (TP, Folin–Ciocalteu assay) than blueberry (Vaccinum sp., cv. Biloxi). Both fruits displayed superior oxygen radical-scavenging capacity (ORAC-H assay) that was, respectively 4.1-fold and 6.5-fold of that of blueberry. The total reducing capacity (TRC; ferric reducing antioxidant power (FRAP) assay) of Kakadu plum and quandong exceeded the TRC of blueberry, respectively, 13.1- and 2.3-times. The primary sources of antioxidant capacities in the evaluated fruits were phenolic acids (benzoic and cinnamic) and flavonoids (flavonols, flavanones and anthocyanins) tentatively detected by liquid chromatography–mass spectrometry (LC–PDA–MS/MS). A high level of vitamin C was recorded for Kakadu plum and Australian citrus fruits. The major organic acids detected were citric and malic acid.

The antioxidant capacities and phenolic composition in six native, commercially grown, Australian herbs and spices were investigated. Tasmannia pepper leaf, followed by anise myrtle and lemon myrtle contained the highest levels of total phenolics (TP; 102.1; 55.9 and 31.4mg gallic acid equivalents (GAE)/g dry weight (DW), respectively). Tasmannia pepper leaf exhibited the highest oxygen radical absorbance capacity (ORAC assay) followed by lemon myrtle and anise myrtle. Anise myrtle exhibited the highest total reducing capacity [TRC; Ferric Reducing Antioxidant Power (FRAP) assay], followed by Tasmannia pepper leaf and lemon myrtle. Australian bush tomato resembled the Chinese Barbary Wolfberry fruit. The TP content of Tasmannia pepper berry was similar to that of black pepper, but it’s TRC was 25% lower. Cinnamic acids and flavonoids, tentatively identified by mass spectrometry, were identified as the main sources of antioxidant activities.

This RIRDC funded research provides the native food industry with reliable information on the levels of health beneficial constituents, and the antioxidant capacities of commercially significant native fruits, herbs and spices. This report represents the first systematic evaluation of antioxidant capacity, and the identification of its sources; the presence of potentially bioactive phytochemicals (phenolic compounds and carotenoids) and selected vitamins. The research also included an evaluation of minerals, focusing especially on those that protect human DNA against mutations that can lead to the development of a range of chronic diseases. Native species evaluated in this study exhibited superior antioxidant capacity as compared to the Blueberry standard, renowned worldwide as the ‘health-promoting fruit.’ In comparison to commonly consumed fruits that comprise predominantly hydrophilic antioxidants, native foods contained antioxidant activity in both hydrophilic and lipophilic fractions. This suggests more comprehensive protection from oxidative stress, and possibly more pronounced health benefits. All of the evaluated plant species were found to contain vitamin E and folate. Rich sources of lutein, a compound essential for eye health are also present, as were magnesium, zinc and calcium, all important for the synthesis and self-repair of human DNA. Additionally, sources of valuable selenium were identified.

Bushfires & Bushtucker - Aboriginal Plant Use in Central Australia

The traditional resources of the desert people are still available and very much in use today. Expert Aboriginal knowledge is the basis for this compact guide, which features listings for more than 180 Central Australian plants species, traditional uses of each, and plant names in local Aboriginal languages.

This article discusses the potential legal obligations of researchers who obtain cultural, technological, religious or mystical knowledge from Indigenous custodians. It is argued that the combination of four existing areas of law: confidential information, equitable estoppel, statutory prohibitions against misleading or deceptive conduct, and unjust enrichment may in effect provide a comprehensive protection to Indigenous peoples against the misuse of knowledge they share with researchers, even without sui generis law or international treaties. Unlike previous approaches to this topic, this paper is not proposing new legal concepts. The obligations discussed are already present in most common law jurisdictions. Affected researchers may be surprised at the extent of this protection, and the commensurate extent of their legal obligations. Research institutions may find themselves being held accountable for not having complied with these responsibilities. An outline of one mechanism to formalise and make clear researcher responsibilities is provided. It is hoped that such a mechanism will aid researchers and research institutions in fulfilling their legal and moral responsibilities in regard to Indigenous knowledge.

The project investigated current wild harvest and post harvest activities in the native food value adding chain using bio active components (the antioxidants lycopene and ascorbic acid) in the selected native food plants as indicators of quality changes through post harvest handling, storage, transportation and processing under current conditions and practices.

The Merne Altyerre-ipenhe (Food from the Creation time) Reference Group (hereafter ‘Reference Group’) (Photo 2) comprises individuals from the major language groups across central Australia (Figure 1): MK Turner (Eastern Arrernte), Veronica Dobson (Eastern Arrernte), Lorna Wilson (Pitjantjatjara), Myra Ah Chee (Pitjantjatjara), Bess Price (Warlpiri), Gina Smith (Warumungu), Rayleen Brown (Ngangiwumirr/ Eastern Arrernte) and Maree Meredith (Central Land Council representative). A Central Land Council (CLC) representative was invited to be on the Reference Group as CLC is the peak statutory body for Aboriginal Land Trusts where harvesting takes place. We are the members of the Merne Altyerre-ipenhe (Food from the Creation time) Reference Group based in Alice Springs, central Australia. We see ourselves as expressing the interests of many Aboriginal people on lands to which we are connected, although we are not elected representatives. We do not speak for Aboriginal people elsewhere in other parts of Australia. The Australian bush foods industry is growing very quickly. We are concerned that many of the people involved know very little about custodial Aboriginal cultural rights, responsibilities and attachments to bush food plant species. Little is known of the complex knowledge systems Aboriginal people hold in relation to these bush foods, their harvest, preparation and trade. There has been little effective participation of the owners and custodians of the plants and knowledge which underpin the industry. We have come together to develop a set of guidelines to help those people with a commercial interest in bush foods – in both the research and industry sectors. These guidelines have been developed within the social and cultural context of central Australia. They may be able to be used to assist other Aboriginal groups around Australia in the development of their own best practice guidelines. They may also be applicable to bush medicines and other products from Aboriginal people and their lands.

The Australian bushfood industry is very much based on traditional knowledge, however few Aboriginal people appear to be sharing in the benefits that arise from its activities and the value of their traditional bushfood knowledge and skills is largely undervalued. This study aims to increase opportunities for Aboriginal communities in Central Australia to benefit from involvement in bushfoods industries by developing effective and reliable systems for cultivating selected bushfood species and harvesting, handling, transporting and storing their produce, and to help ensure long-term viability of bushfood enterprises in Central Australia by investigating social, economic and ecological sustainability of cultivation and wild harvest of bushfood species and developing protocols for monitoring these factors.

Strategic and business planning workbook for those planning to introduuce a new enterprise in rural and regional Australia.

The purpose of this booklet is to guide Aboriginal people in the Northern Territory on the legal aspects of commercialising their knowledge of plants, and the plant materials the knowledge relates to. As the holder(s) and custodian(s) of plant knowledge that has been built up and used over thousands, you have information about plants that could be used to generate wealth and opportunities for yourself and your community. Alternatively, you may just want somebody to document your knowledge for safe keeping and for future generations. Knowing how best to use this knowledge in a way that will benefit you and your community can be a tricky business. In certain cases, you will need support and assistance from non-Aboriginal people and/ or institutions to record the knowledge and/or develop the knowledge and the plant into a commercially viable product. However, in doing so, there is the danger that you will lose control of the knowledge, how it us used and who it benefits. By looking at the various options and stages involved in recording and commercialising plant knowledge, and the various laws that control the trade of both knowledge and plants, this booklet will help you make informed decisions at each stage of the process. The process of recording and/or commercialising your plant knowledge can be complex and lengthy. Once you start the process, there will be various steps along the way, possibly many different people, organisations and institutions that you will need to deal with and many decisions to make. There are also a variety of laws that will affect how you (and others) can deal with your knowledge and the plants to which the knowledge relates. Some of the laws will work in your favour, whereas some may work against you if you are not careful. In any case, it is important to consider all of the potential issues you might come up against as early as possible. This information booklet is designed to help you get an idea of what issues you might face at the various stages of the process, and what you should do (or avoid doing) to make sure your knowledge is used in ways that you feel comfortable with and that are most likely to benefit you and your community. Although this booklet divides the process into several stages, this doesn’t mean that each stage will definitely follow the previous stage. You may never reach one of the later stages, or may have to return to the first stage of the process at a later date. The important thing is to be aware of all the issues at the earliest possible time. A decision you make now could affect the project many years down the track.

This research paper was commissioned by RIRDC as a first step in the process of overcoming these information constraints. It provides a scoping study for a Bushfood Industry Database. The research paper provides: • a review of literature and information on the bushfood industry; • a discussion of the issues to be considered in developing a bushfood industry database; • consultation with the bushfood industry on a bushfood industry database; • synthesis of consultation and findings into a user requirements specification; • design of the database from the user requirements specification; • implementation strategy for the database; • conclusions; • references; and • appendices with relevant information.

This is a descriptive summary of information on traditional and modern uses of native plants by Alyawara-speaking Australian Aborigines. It includes data on 157 species, 92 of which are used for food, 28 for medicines and narcotics, and 10 in the manufacture of tools, weapons and other gear. Descriptions of food plants cover form and distribution, collecting and processing techniques, caloric yields, and dietary importance. The paper concludes with some comments on traditional plant cultivation practices.

Written particularly for the use of Aboriginal and Torres Strait Islander people in remote regions, this Protocol tells about the rules for researchers and shows how local Aboriginal people and researchers can work together. Aboriginal people own their knowledge. All research that concerns Aboriginal people must respect Aboriginal culture and knowledge. Everyone should be equal in the research and have shared understandings. This Protocol makes sure that researchers who work with Aboriginal people do the right thing.

A decision tree approach (preferred species analysis) was developed to allow the selection of preferred species for use within a western Queensland bush food industry. This approach has applicability at any level, from states to regions to individual properties, and should also be applicable to any plant with bush food potential. Desert lime, kurrajong, native thyme and quandong are worth investigating further, as may be wild orange, gundabluey and bush tomato. A survey of graziers identified other plants with food potential within western Queensland. These should also be investigated through the preferred species analysis for further consideration.

Indigenous and traditional peoples have made major contributions to the enhancement and conservation of the world's biodiversity. Although this is increasingly recognized in international discourse, rights of these peoples to continue their traditional practices are threatened by the globalized economy. Science implicitly denies their contribution to biodiversity conservation and enhancement by referring to their lands as 'wild' or 'wilderness'. It also effectively undermines their rights by claiming that the biodiversity fostered by their traditional practices is a global resource. In order to counter these threats, we need not only to strengthen the rights of indigenous and traditional peoples, but also to reverse global trends that substitute economic and utilitarian models for the holistic concept of the 'sacred balance'.

The Strategy for Collaborative Research with Desert Indigenous Peoples has taken shape around a series of operating principles that is presented in seven thematic documents. They are grouped around a ‘Vision for Collaborative Research with desert Aboriginal People in 10 years’ that expresses an aspiration and is written to a future beyond the current Desert Knowledge CRC. The seven themes (taking their form as ‘Pathways’ documents) may be further developed throughout the life of the Desert Knowledge CRC to incorporate its experience and learning on the journey to the Vision. This Vision is a platform for sharing experiences, learning, discussion and opinions in order to realise the Vision.

This book contains the Native Food Chapters of RIRDC’s The New Crop Industries Handbook and is aimed at consolidating much of the recent research information into a handy format for those searching for the latest information on Australia’s native crops. I am sure it will prove to be as valuable to both potential and existing farmers as the first edition.

The aim of the project was to document the perspectives of the supply chain partners from the Indigenous suppliers to the manufacturers, retailers and international interests, and to reflect upon the business model and its broader relevance to industry and to wildlife conservancies established under RIRDC’s Sustainable Wildlife Enterprises project specifically. It provides insights on the notion of an authentic Aboriginal bush food supply chain, the importance of capacity building, consumer expectations, issues confronting quality assurance and supply reliability, and approaches to marketing.