Regional authorities are empowered to make the decision about the

check details Regional authorities are empowered to make the decision about the existence or otherwise of a customary

law community via a Regional Regulation (Article 67(2)). If its existence is acknowledged, then the community is allowed to collect forest products for subsistence, manage the forest in accordance with customary law that must not conflict with state law and “become empowered within a framework of raising its prosperity” (Article 67(1)). The recognition by the central government of a forest under customary law depends on this prior acknowledgment as customary law community by the regional authorities (Article 5(3)). If the customary law community ceases to exist, the central government takes over the management

of this forest (Article 5(4)). A further Government Regulation of 2002 CDK and cancer and a Regulation of the Minister of Forestry of 2008 contain further provisions and partly overlapping responsibilities of central government and regional authorities for exploitation permits in various types of forests (Antons 2009b, pp. 57–58). Traditional knowledge does not feature in these various laws. Fleeting reference to it is made with regards to farmers in the preamble to the ITPGR Ratification Law No. 4/2006 and more generally in the preamble to Law No. 5 of 1994 on the Ratification of the United Nations Convention on Biological Diversity. Significantly, however, it is not listed among the benefits of the CBD for Indonesia selleck chemicals outlined in the explanatory memorandum to Law No. 5/1994. In its Fourth National Report on the implementation of the CBD submitted in September 2009, Indonesia admitted that the targets of protecting traditional knowledge, innovations and practices as well as the rights of indigenous and local communities Montelukast Sodium over such knowledge, innovations and practices

had not yet been completely achieved. The report mentioned draft regulations to protect traditional knowledge and practices, “some rules at local levels” and a database of traditional knowledge. It also mentioned benefit sharing with local communities put into effect by the Plant Variety Protection Office (Government of Indonesia 2009, p. 64). The latter statement refers to Indonesia’s Law No. 29 of 2000 on Plant Variety Protection. Article 7(1) of this Law provides that “local varieties owned by communities are controlled by the state” (Antons 2009b, p. 58). Article 7(4) explains that the government will regulate further details, which according to the explanatory memorandum to the provision include the economic benefits for the local community that owns the variety. This benefit sharing is now becoming implemented according to the government’s report to the CBD. Law No.

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