亚开行-促进包容性贸易：利用自由贸易协定保护亚太地区土著人民的权利（英）

ADB BRIEFSNO. 315OCTOBER 2024Fostering Inclusive Trade: Leveraging Free Trade Agreements to Protect Indigenous Peoples’ Rights in Asia and the PacificKey Points• Economies in Asia and the Pacific play a key role in protecting traditional knowledge and genetic resources (TK/GR) through free trade agreements (FTAs). These agreements require prior informed consent, equitable benefit sharing, and disclosure of sources used in patents, protecting Indigenous Peoples’ rights.• While FTAs and regional cooperation are essential, the World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge offers broader protection. Ratifying and embedding this treaty in national laws and trade agreements are crucial for safeguarding TK/GR.• The Asian Development Bank (ADB) can provide empirical information on the impacts of FTAs with TK/GR provisions on indigenous communities. Case studies can guide ADB members on future initiatives to expand protections for indigenous TK/GR, while exploring intersections between ADB’s Environmental and Social Framework and regional FTAs. ISBN 978-92-9270-898-6 (print)ISBN 978-92-9270-899-3 (PDF) ISSN 2071-7202 (print)ISSN 2218-2675 (PDF)Publication Stock No. BRF240446-2DOI: http://dx.doi.org/10.22617/BRF240446-2Maria Lorena CletoSafeguards Specialist Office of Safeguards Asian Development Bank Dorothea M. RamizoAssociate Economics Officer East Asia Department Asian Development BankINTRODUCTIONThis brief explores free trade agreement (FTA) provisions related to Indigenous Peoples, focusing on traditional knowledge and genetic resources within economies in Asia and the Pacific. Given the substantial presence of Indigenous Peoples in Asia and the Pacific, and the critical importance traditional knowledge and genetic resources (TK/GR) have for climate action, food security, advances in medicine, as well as language diversity and cultural heritage (Relevance of Traditional Knowledge and Genetic Resources to Critical Issues in Asia and the Pacific), this brief explores how and to what extent traditional knowledge provisions may promote regional cooperation, safeguard Indigenous Peoples’ rights, and navigate the complex relationship between these rights and TK/GR.INDIGENOUS PEOPLES IN ASIA AND THE PACIFICOf the estimated 370 million Indigenous Peoples in the world, 70% are from Asia and the Pacific. According to the Food and Agriculture Organization of the United Nations (FAO), Indigenous Peoples in the region are extremely vulnerable and marginalized, although they have developed a rich body of traditional knowledge, including biodiversity and agriculture, because of the strong connection to their land and other territories.1 Despite significant disparities between indigenous and non-indigenous populations in key indicators such as life expectancy, income, educational attainment, and employment, indigenous knowledge and resources are recognized as invaluable to addressi