Regulating Access to Customary Fourth World Foods & Medicines

Fourth World (indigenous) nations regularly express concerns, frustrations, and demands declaring their rights to sustained access to wild-harvested plants and animals as sources of medicines and nutrition for the benefit of their people. They give rhetorical power to the claim that biological diversity is essential for sustainable life on the planet. Yet, despite public declarations and appeals to prevent contamination, damage, or destruction of biologically diverse medicinal sources of wild plants and animals, biologically diverse plants and wildlife continue to be destroyed.

In this article, the authors argue that little actual evidence exists to demonstrate that either the cultural and governing leadership of Fourth World nations or states (or their international bodies) proactively engage in the promulgation of enforceable customary or statutory regulations or laws ensuring access and uses of medicinal plants and animals beneficial to indigenous communities.

The authors furthermore argue that cultural and governing leaders in Fourth World nations can and must initiate regulatory rules, laws, and practices that they enforce to prevent continuing plant and animal damage and destruction reported by the nations themselves and the states exercising jurisdiction. Non-Fourth World jurisdictions (cities, states, provinces/counties) regularly engage in economic, social, and political development activities that alter and often destroy access to or the healthful use of wild plants and animals beneficial for the health and sustainability of Fourth World communities and individuals.

These alterations include activities that elevate CO2 and other greenhouse gas levels, herbicide and insecticide contamination, and genetic modifications. Pathways to restore access to, and protection of, customary wild-harvested foods and medicines to Fourth World nations may include a framework, statutory incorporation of customary laws (cultural incorporation), complementary jurisdictional regulation, or intergovernmental protocols.

Alternatively, a form of internationally supervised reconciliation that in part holds non-Fourth World jurisdictions accountable for the destruction and restoration of dietary and medicinally beneficial wildlife that recognizes the agency of Fourth World nations to proactively establish and enforce customary and statutory laws may serve as an alternative or parallel initiative.