A BIO-CULTURAL CRITIQUE OF THE CBD AND ABS PART I / CHAPTER 1 Some of the ABS agreements reached between communities The commodification of TK can also lead to situations of and commercial interests are very similar to commercial sale desperate exchange in which ILCs dispossessed of their lands agreements, and in this case, it is TK that is being sold. and culturally marginalized are left with little choice than to The emergence of TK as a tradable commodity disembodies trade their TK at the best possible market price. Desperate it from the bio-spiritual values and bio-cultural ways of life exchanges are a moral double bind in which on the one hand that produce it. for many ILCs, the sale of TK is a much needed source of 10 income, but on the other hand it undercuts the spirit of Article Commodification of TK essentially implies the transformation 8(j) that seeks to affirm and promote a value system underlying of the cultural and spiritual relationships that underlie it into the ways of life that have conserved and sustainably used relationships mediated by the market. Commodification biological diversity. simplifies TK by neglecting to acknowledge that is an outcome of the interactions between communities and their The current negotiations in the WGABS towards IRABS have land, culture and spirituality, and supports ILCs’ ways of life. focused on ensuring fair contracts with ILCs for the sale of This results in a kind of commodity fetishism in which aspects their TK with little attention to the ecological and cultural of lifestyles of ILCs that underpin and produce TK are ignored relationships within which TK is embedded. TK is no longer 8 at the expense of valuing TK as a commodity. This trend is seen as a product of an organic process but rather appears as highlighted by John and Jean Comaroff: an abstract object in itself, distinct and therefore separable from the community processes from which it arises. 11 Anthropologists have tended to treat culture as a taken-for- Such a reification of TK creates a false objectification that granted way of being in the world; that is precisely the opposite paradoxically denies the foundations of TK in its attempts of commodity. And yet more and more ethnic groups across to protect it. the planet are transforming their indigenous ways and means into private property, defining themselves as limited liability companies, and recasting the bases of their membership in bio-genetic terms that fly in the face of social constructionist understandings of identity. A growing body of scholarship has pointed to the rising influence of the market on social identity and commodification of culture and its redefinition as intellectual property. Of course, cultural objects and images have long been bought and sold, their commerce often having been part of colonial encounters. We seem though, to have entered an age in which signs of difference are not only exchanged as trophy or talisman. Identity itself – in particular, ethnic identity, the socially constructed assertion of shared blood, culture and being-in-the-world – is increasingly being claimed as a lawful possession by its living heirs who proceed to manage it, and its products, by corporate means. 9 8. “the existence of things qua commodities, and the value-relation between the products of labour which stamps them as commodities, have absolutely no connection with their physical properties and with the material relations arising therefrom. There is a definite social relation between men, that assumes in their eyes, the fantastic form of relation between things… This I call fetishism… of commodities” Karl Marx, Capital, Chapter 1. 9 . Comaroff, John and Jean, Ethnicity Inc., Research Proposal, 2009. 10. The problem of desperate exchanges and the moral double bind of commodification was first comprehensively discussed by Margaret Jane Radin in her seminal article "Market Inalienability" as a response to the Chicago School of Law and Economics led by Richard Posner. 100 Harv.L.Rev.1849 (1987). 1 1 . Lucaks, George, Reification and the Consciousness of the Proletariat, Viking Press, 1970; Lucaks argues that 'commodification stamps its imprint on the whole consciousness of man; his qualities and abilities are no longer an organic part of his personality, they are things which he can "own" and "dispose of" like various objects of the external world. And there is no natural form in which human relations be cast, no way in which man can bring his physical and psychic "qualities" into play without they being subject to this reifying process.' 17

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