Ensuring a Sustainable Future Through Recognizing and Protecting Indigenous Ecological Knowledge

  • Natalie P. StoianoffEmail author


This paper sets out the way in which Indigenous ecological knowledge has received increasing recognition as a holistic mechanism through which Australia’s natural resources can be sustainably managed. This increased recognition and consequent utilization needs to take place within a legal framework that acknowledges and respects the customary laws and rules of the Indigenous ecological knowledge holders and provides appropriate benefits back to those knowledge holders. This paper considers the nature of such a legal framework and reports on the research conducted by the author and her research team, through the use of action research and Indigenous research paradigm methodologies, in developing such a legal regime that encapsulates the principles established in the Convention on Biological Diversity 1992, expanded in the Nagoya Protocol to the Convention, and reinforced in the United Nations Declaration on the Rights of Indigenous Peoples 2007. The result was a White Paper espousing a sui generis legal framework of recognition and protection of Indigenous knowledge associated with natural resource management focussed on the Aboriginal Communities of the state of New South Wales in Australia and accordingly reflects the concerns and interests of those communities while incorporating the international law principles described above. This was achieved through an initial comparative analysis of regimes already in existence in other nations, the establishment of a highly skilled and multidisciplinary Working Party representing both Indigenous and non-Indigenous individuals and stakeholders, and finally through Aboriginal Community consultation.


Indigenous ecological knowledge Aboriginal peoples Natural resource management Free prior informed consent Mutually agreed terms 


  1. Adjei P, Stoianoff NP (2013) The World Intellectual Property Organisation (WIPO) and the Intergovernmental Committee: developments on traditional knowledge and cultural expressions, intellectual property forum issue 92, Mar 2013, pp 37–48Google Scholar
  2. AIATSIS (2011) The benefits associated with caring for country. Literature Rev June 2011, p 14Google Scholar
  3. Australian Government About Indigenous Protected Areas (2015) Retrieved 20 July 2015
  4. Australian Government Cultural and Social Benefits (2015) Retrieved 20 July 2015
  5. Australian Government Indigenous Australians Caring for Country (2015) Retrieved 19 July 2015, from
  6. Australian Government Indigenous Carbon Farming Fund—Successful Applicants (2015) Retrieved 19 July 2015 from
  7. Australian Government Indigenous Heritage Programme (2015) Retrieved 20 July 2015
  8. Australian Government Measuring Sustainability Program (2015) Retrieved 19 July 2015 from
  9. Australian Government National Landcare Programme (2015a) Indigenous Natural Resource Management. Retrieved 19 July 2015 from
  10. Australian Government National Landcare Programme (2015b) Indigenous Natural Resource Management, Utilising Knowledge Retrieved 19 July 2015 from
  11. Australian Government National Parks (2015) Conserving Uluru-Kata Tjuta National Park. Retrieved 22 July 2015 from
  12. Australian Government Sustainability Indicators for Australia (2015) Retrieved 19 July 2015 from
  13. Australian Government The Nagoya Protocol in Australia (2015) Retrieved 20 July 2015
  14. Australian Government Working on Country (2015) Retrieved 20 July 2015
  15. CBD (1992) Convention on biological diversity, opened for signature 5 June 1992, 31 ILM 818 (entered into force 29 Dec 1993)Google Scholar
  16. Commonwealth of Australia (2009) Department of the environment water heritage and the arts. Environmental stewardship box gum grassy woodland project: information booklet, (i). Retrieved 20 July 2015 from
  17. Commonwealth of Australia (2013) Caring for Our Country—Outcomes 2008–2013, pp 21, 31, 36–37, 39Google Scholar
  18. Czaykowska-Higgins E (2009) Research models, community engagement, and linguistic fieldwork: reflections on working within Canadian indigenous communities, language documentation and conservation, 3(1), June 2009Google Scholar
  19. EMR Projects (2012) Three action research projects: (i) Traditional Knowledge Revival Pathways Fire Program, (ii) Kuku Thaypan Fire Management Research Project and (iii) The Importance of Campfires to Effective Conservation—Cape York Peninsula Australia, EMR project summaries. J Ecol Manag Restor, January 2012. Retrieved 20 July 2015 from
  20. Heron J (1996) Co-operative inquiry: research into the human condition. Sage, LondonGoogle Scholar
  21. Indigenous Knowledge Forum Report (2012) Retrieved 22 July 2015 from
  22. Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (2012) Glossary of key terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions, twenty-second session, Geneva, 9–13 July 2012Google Scholar
  23. Nagoya Protocol (2010) Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization (2010), adopted by the conference of the parties to the convention on biological diversity at its tenth meeting on 29 Oct 2010 in NagoyaGoogle Scholar
  24. National Sustainability Council (2013) Sustainable Australia report 2013, conversations with the future. DSEWPaC, Canberra, 2013. Retrieved 20 July 2015 from
  25. Oguaman C (2006) International law and indigenous knowledge: intellectual property, plant biodiversity and traditional medicine. University of Toronto Press, TorontoGoogle Scholar
  26. Pacific Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture (2002) Model law for the protection of traditional knowledge and expressions of culture 2002, Suva, FijiGoogle Scholar
  27. Productivity Commission (2011) Chapter 8, overcoming indigenous disadvantage: key indicators 2011. Retrieved 20 July 2015
  28. Reason P, Bradbury H (2007) Handbook of action research, 2nd edn. Sage, LondonGoogle Scholar
  29. United Nations Declaration on the Rights of Indigenous People GA Res 61/295, UN GAOR, 61st Sess., Supp No 49, UN Doc A/RES/61/295 (2 Oct 2007)Google Scholar
  30. UTS Indigenous Knowledge Forum and North West Local Land Services (2014) Recognising and protecting aboriginal knowledge associated with natural resource management, white paper for the office of environment and heritage NSW. Retrieved 20 July 2015
  31. WIPO-UNESCO (1982) WIPO-UNESCO model provisions for national laws on the protection of expressions of folklore against illicit exploitation and other forms of prejudicial action, 1982, WIPO Lex No.: UNESCO001Google Scholar

Copyright information

© Springer International Publishing Switzerland 2016

Authors and Affiliations

  1. 1.Faculty of LawUniversity of Technology SydneySydneyAustralia

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