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Interrelationships among Native Peoples, Genetic Research, and the Landscape: Need for Further Research into Ethical, Legal, and Social Issues

Published online by Cambridge University Press:  01 January 2021

Mervyn L. Tano
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Extract

During the past four years, the International Institute for Indigenous Resource Management has sponsored and co-sponsored a series of discursive roundtables on the ethical, legal, social, and cultural implications of genetic research on Indian tribes and Indian people. The deliberations of the tribal leaders, legal scholars, researchers, representatives of non-governmental organizations, and others who participated in these roundtables laid out a range of barriers to informed tribal participation in genetic research and proposed a policy, legal, and scientific research agenda to fill gaps in knowledge and to otherwise support indigenous peoples' decision-making on genetic research issues.

An understanding of Native American attitudes toward genetic research on their community cannot be fully understood absent an appreciation of the interrelationship among native peoples, genetic research, and the landscape, contaminated as it is by governmental and other factors. The deliberations described herein present invaluable insights into tribal attitudes toward genetic research that have application to ethical, legal and social aspects of forensic DNA databanks, sample collection and retention, and, in particular, issues of secondary non-forensic uses of such DNA.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 34 , Issue 2 , Summer 2006 , pp. 301 - 309
Copyright
Copyright © American Society of Law, Medicine and Ethics 2006

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References

See, for example, Genetic Materials: Resources, Rights, or Sacred Objects – Alternatives to the Intellectual Property Regime for Protecting Indigenous Genetic Materials, Denver, 2001; Roundtable on Indigenous Peoples' Genetic Research Priorities, with the Children's and Women's Health Centre of British Columbia, Vancouver, 2002, International Institute for Indigenous Resource Management website, at <http://www.iiirm.org> (last visited March 20, 2006).+(last+visited+March+20,+2006).>Google Scholar
Shepard, P. M., “Advancing Environmental Justice through Community-Based Participatory Research,” Environmental Health Perspectives Supplements 110, no. 2, available at <http://ehpnet1.niehs.nih.gov/docs/2002/suppl-2/139-140shepard/EHP110s2p139PDF.PDF> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
The Role of Science and Technology in Society and Governance Toward a New Contract between Science and Society, Executive Summary of the Report of the North American Meeting held in advance of the World Conference on Science, Kananaskis Village, Alberta, Canada, at <http://www.nature.com/wcs/m05s.html> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
See, for example, Hsu, J., Project Prometheus: A Paradigm Shift in Risk Communication, Center for Science and Technology Policy Research, Global Climate Change and Society, available at <http://sciencepolicy.colorado.edu/center_info/archives/projects/gccs/2003/student_work/deliverables/jeremy_hsu_project_prometheus.pdf> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
Spirn, A. W., The Language of Landscape (New Haven: Yale University Press, 1998).Google Scholar
Sullivan, T., “American Indians Wary of DNA Tests,” Salt Lake Tribune, January 27, 2003, at 3.Google Scholar
In Shaw, J., “Corporations Bioprospecting Indigenous Genes,” Organic Consumers Association webpage, November 26, 2003, at <http://www.organicconsumers.org/Patent/bioprospecting.cfm> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
Id.Google Scholar
Palmer, C. and Tano, M., Mokomokai: Commercialization and Desacralization, August 2004, and Palmer, C., Ancient Hawaiian Management of Genetic Material, July 2001, International Institute for Indigenous Resource Management.Google Scholar
See <http://www.iiirm.org/Events/Conferences%20and%20Roundtables/genetics_biotechnology.html> (last visited March 15, 2006).+(last+visited+March+15,+2006).>Google Scholar
Tano, M., Background Material for the American Indian & Alaskan Native Environmental Justice Roundtable, Final Report, (Columbia, SC: Medical University of South Carolina Press, 2001).Google Scholar
Goldtooth, T., “Hazardous Waste and Native Americans,” Center for Community Action and Environmental Justice, at <http://www.ccaej.org/projects/whitpaper/natamericans.htm> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
Lambrecht, B., “Illegal Dumpers Scar Indian Land…Indifference Endangers Reservations,” St. Louis Post-Dispatch, November 17, 1991.Google Scholar
Young, S., “Paper Mill: No River Harm Done,” Bangor Daily News, May 5, 2001, available at <http://www.penobscotnation.org/articles/50501.htm> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
Armstrong, D., “The Nation's Dirty, Big Secret,” The Boston Globe, November 14, 1999, available at <http://www.boston.com/globe/nation/packages/pollution/day1.htm> (last visited March 20, 2006). (last visited March 20, 2006).' href=https://scholar.google.com/scholar?q=Armstrong,+D.,+“The+Nation's+Dirty,+Big+Secret,”+The+Boston+Globe,+November+14,+1999,+available+at++(last+visited+March+20,+2006).>Google Scholar
Id.Google Scholar
Tano, M., “Identifying the Burdens and Opportunities for Tribes and Communities in Federal Facility Cleanup Activities: Environmental Remediation Technology Assessment Matrix For Tribal and Community Decision-Makers,” at <http://www.iirm.org/publications/pubs/htm> (last visited March 20, 2006), Denver, Colorado, (December 23, 2002).+(last+visited+March+20,+2006),+Denver,+Colorado,+(December+23,+2002).>Google Scholar
U.S. Army Corps of Engineers, “FUDS Success Story: Pine Ridge Gunnery Range/Badlands Air Force Range,” at <http://hq.environmental.usace.army.mil/programs/fuds/fudssuccess/pineridge/pineridge.html> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
Lapachin, L. and Tano, M., “Developing the Environmental Remediation Technology Matrix for Tribal Decision-Makers to Assess and Evaluate Tribal Implications and Opportunities Throughout the Department of Energy's Cleanup Activities,” International Institute for Indigenous Resource Management, Denver, Colorado, at <http://www.iirm.org/publications/pubs.htm> (last visited March 20, 2006).+(last+visited+March+20,+2006).>Google Scholar
Armstrong, , supra note 15.Google Scholar
U.S. Geological Survey, “Mercury in U.S. Coal – Abundance, Distribution, and Modes of Occurrence,” USGS Fact Sheet FS-095-01, available at <http://pubs.usgs.gov/fs/fs095-01/fs095-01.pdf> (last visited March 7, 2006).+(last+visited+March+7,+2006).>Google Scholar
Scanlan, M. K., Comments of the Indigenous Environmental Network to US EPA, Docket No. A-92-55, EPA Decision to Regulate Hazardous Air Pollutants (HAPs) from Electric Utility Generating Units under Section 112 of the Clean Air Act on or before December 15, 2000, (June 13, 2000).Google Scholar
For an inventory of airborne contaminants, see, for example, the reports of the Grand Canyon Visibility Transport Commission, at <http://www.nmia.com/lwvabc/back.html> (last visited March 20, 2006).+(last+visited+March+20,+2006).>Google Scholar
U.S. Congress, Office of Technology Assessment, “Environmental Protection in the Federal Coal Leasing Program,” OTA-E-237, May 1984.Google Scholar
“Mine Could Harm Lake, Zuni Study Says,” Albuquerque Journal, at <http://www.abqjournal.com/paperboy/text/news/833880news02-14-03.htm> (last visited March 20, 2006).+(last+visited+March+20,+2006).>Google Scholar
Billings, E. P., “Tribes Sue Government over Effects of Mining,” The Missoulian, April 13, 2000, available at <http://www.missoulian.com/archives/index.inn?loc=detail&doc=/2000/April/13-109–news02.txt> (last visited March 20, 2006).+(last+visited+March+20,+2006).>Google Scholar
Agency for Toxic Substances and Disease Registry, ATSDR Activities in New Mexico, August 20, 2003, at <http://www.atsdr.cdc.gov/statefactsheets/sfs-nm.html> (last visited March 8, 2006).+(last+visited+March+8,+2006).>Google Scholar
Norrell, B., “Zuni Pueblo and Navajos Celebrate Transfer of Fort Wingate Land,” Indian Country Today, July 26, 2000, at <http://www.indiancountry.com/?740> (last visited March 20, 2006).+(last+visited+March+20,+2006).>Google Scholar
See Watchman-Moore, D., Background Material for the American Indian & Alaskan Native Environmental Justice Roundtable, Final Report (Columbia, SC: Medical University of South Carolina Press 2001); Eichstaedt, P. H., If You Poison Us: Uranium and Native Americans (Santa Fe: Red Crane Books, 1994) (inter alia for uranium mining impacts on Navajo miners and landscape).Google Scholar
U.S. Environmental Protection Agency, Columbia River Basin Fish Contaminant Survey 1996–1998, EPA 910-R-02-006, Seattle, Washington, available at <http://yosemite.epa.gov/r10/oea.nsf/0703bc6b0c5525b088256bdc0076fc44/c3a9164ed269353788256c09005d36b7/$File/Fish%20Study.PDF> (last visited March 8, 2006).+(last+visited+March+8,+2006).>Google Scholar
Phinney, W., “Tribes Open Dialogue on Columbia River Fish Contamination,” The Columbia Basin Weekly Fish & Wildlife News Bulletin, at <http://znetprime.znetsolutions.com/cbb.nsf/92b17efd967f9af0882568720003be01/e3af8d5db894228688256c2c0078d06b?OpenDocument> (last visited March 20, 2006), Bend, Oregon, (September 6, 2002).+(last+visited+March+20,+2006),+Bend,+Oregon,+(September+6,+2002).>Google Scholar
In Scanlan, M. K., Comments of the Indigenous Environmental Network to US EPA, Docket No. A-92-55, EPA Decision to Regulate Hazardous Air Pollutants (HAPs) from Electric Utility Generating Units under Section 112 of the Clean Air Act on or before December 15, 2000 (June 13, 2000).Google Scholar
Bradbury, D., “Contamination in Fish Weakens Cultural Link for Maine Tribe,” Maine Sunday Telegram and Portland Press Herald, at <http://www.portland.com/specialrpts/mercury/indians.htm> (last visited March 20, 2006), Portland, Maine, (1997).+(last+visited+March+20,+2006),+Portland,+Maine,+(1997).>Google Scholar
Phinney, W., “Tribes Open Dialogue on Columbia River Fish Contamination,” The Columbia Basin Weekly Fish & Wildlife News Bulletin, at <http://znetprime.znetsolutions.com/cbb.nsf/92b17efd967f9af0882568720003be01/e3af8d5db894228688256c2c0078d06b?OpenDocument> (last visited March 20, 2006), Bend, Oregon, (September 6, 2002).+(last+visited+March+20,+2006),+Bend,+Oregon,+(September+6,+2002).>Google Scholar
Harris, S. and Harper, B., Environmental Justice in Indian Country: Using Equity Assessments to Evaluate Impacts to Trust Resources, Watersheds, and Eco-Cultural Landscapes, International Institute for Indigenous Resource Management, at <http://www.iiirm.org/publications/EnvJust/papero∼1.pdf> (last visited March 20, 2006), Denver, Colorado.+(last+visited+March+20,+2006),+Denver,+Colorado.>Google Scholar
National Research Council, Environmental Contamination, Biotechnology, and the Law: The Impact of Emerging Genomic Information: Summary of a Forum (Washington, DC: National Printing Office, 2001).Google Scholar
Id.Google Scholar
The term, “whakapapa,” was introduced by Maori participants of the Institute's discursive dialogues and embraced by all participants as a richer, more descriptive reference to indigenous genealogy or pedigree. “Papa” is anything broad, flat and hard such as a flat rock, a slab or a board. “Whakapapa” is to place in layers, lay one upon another. Hence the term whakapapa is used to describe both the recitation in proper order of genealogies, and also to name the genealogies. The visualization is of building layer by layer upon the past towards the present, and on into the future. The whakapapa include not just the genealogies but the many spiritual, mythological and human stories that flesh out the genealogical backbone.Google Scholar
Rumball, S. Rumball, S. McCall, A., reporters, “Draft Report on Collection, Treatment, Storage and Use of Genetic Data,” Working Group of the International Bioethics Committee on Genetic Data, UNESCO SHS-503/01/CIB-8/3, Paris, France, (September 3, 2001).Google Scholar
See, for example, EPA, Risk Assessment Guidance for Superfund (RAGS): Volume I: Human Health Evaluation Manual (HHEM), (Part A), Interim Final, Office of Emergency and Remedial Response, Washington, DC, 1989 EPA/540/1-89/002, OSWER 9285.70–02B; EPA, Role of the Baseline Risk Assessment in Superfund Remedy Selection Decisions, Office of Emergency and Remedial Response, Washington, DC, 1991 OSWER 9355.0–30. For tribal perspectives of risk-based environmental protection and environmental remediation see, for example, Harris, S. and Harper, B., “A Native American Exposure Scenario,” Risk Analysis 17, no. 6 (1997): 789–795; Harris, S. and Harper, B., “Risk Assessment for Tribal Communities: A Response to the President's Commission on Risk Assessment and a Challenge to the Risk Community At Large,” Inside EPA's Risk Policy Report 4, no. 10 (1997): 29–32; Harris, S. and Harper, B., “Lifestyles, Diets, and Native American Exposure Factors Related to Possible Lead Exposure and Toxicity,” Environmental Research 86, no. 2 (2001): 140–148; Harris, S. and Harper, B., 2002, “Measuring Risks to Tribal Community Health and Culture,” Environmental Toxicology and Risk Assessment: Recent Achievements in Environmental Fate and Transport 9 (2001): 39–49 ASTM STP 1381, Price, F. T. Brix, K. V., and Lane, N. K., eds., American Society for Testing and Materials, West Conshohocken, PA; Harris, S. and Harper, B., “Using Eco-Cultural Dependency Webs in Risk Assessment and Characterization of Risks to Tribal Health and Cultures,” Environmental Science and Pollution Research 7, Special Issue 2 (2002): 91–100.CrossRefGoogle Scholar