The role of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (ICH Convention) in the protection of traditional forest-related knowledge (TFRK) of Amazonian indigenous peoples

Carrillo Yap S.L. · International Journal of Human Rights (2021) · DOI: 10.1080/13642987.2020.1859481

Resumen

The growing value of forest resources has produced an increasing regulation of the use of forest resources in the national states of the Amazonian region. The new generation of forest norms have established a standardised system for the utilisation of forest resources based on two main aspects: the elaboration of forest management plans, and the granting of forest licences by the State’s authorities. However, this system has also increased the barriers for applying TFRK in indigenous lands because the current forest norms do not always consider their knowledge, their customary law, and their values. In view of this problem, this paper identifies the gaps and opportunities of the ICH Convention for protecting the TFRK of Amazonian indigenous peoples, considering the national legal frameworks of Bolivia, Brazil, Ecuador and Peru. For doing this, firstly the connection between TFRK and intangible cultural heritage is shown. Secondly, the duties of the national States in relation to TFRK established by the ICH Convention are identified. Thirdly, it is discussed the form TFRK of Amazonian indigenous peoples is regulated in the national legal systems. Finally, it is analysed how the national norms that regulate TFRK of Amazonian indigenous peoples accommodate the ICH Convention.

Instituciones: Pontificia Universidad Católica del Perú