CHAPTER 2
Bio-cultural Community Protocols as a
Community-based Response to the CBD
Kabir Bavikatte and Harry Jonas
1. Introduction
In the first chapter, we critique the way in which the
their bio-cultural heritage, strengthen their management of
international regime on access and benefit sharing (IRABS),
local biodiversity and support the ways of life that generate
whilst purporting to implement Article 8(j), in fact only
TK in the first place.
focuses on the commodification of k nowledge,
innovations, and practices (referred to here as traditional
In this chapter, we suggest that the development of bio-
knowledge, or TK). We argue that this poses a number of
cultural community protocols (BCPs) are a means by which
challenges for bio-cultural communities who face serious and
communities can respond to the challenges posed to them
ever-escalating threats to their ways of life: desperate
by the incumbent IRABS. A BCP is a protocol that is developed
exchanges of their TK, which is perceived as tradable cultural
after a community undertakes a consultative process to outline
goods under this regime, for benefits (usually limited income)
their core cultural and spiritual values and customary laws
without any corresponding respect for the inalienable aspects
relating to their traditional knowledge and resources, based
of their TK. This can further weaken the very bio-cultural
on which they provide clear terms and conditions regulating
foundations upon which TK is developed. We conclude that
access to their knowledge and resources. We set out the
chapter by asking whether it is possible for indigenous peoples
process that leads to developing a protocol and, through
and local communities (ILCs) to assert their rights over their
examples of BCPs, illustrate how communities are using them
TK and achieve good access and benefit-sharing (ABS)
to respond to their challenges and promote their self-
agreements that uphold the spirit of Article 8(j) that seeks to
determined development plans. We draw on those examples
affirm a bio-cultural way of life. In other words, we question
to argue that BCPs are a practical way for communities to
whether it is possible for ILCs to use the IRABS further secure
affirm their rights to manage their TK and natural resources.
2. Process and Protocol
The development of a BCP assists communities to overcome
about the interconnectedness of the various elements of their
the challenges presented in Chapter 1 in two broad ways.
ways of life, including their landscape, GR, TK, culture, spirituality,
First, it promotes bio-cultural and legal empowerment by
and customary laws relating to the management of natural
providing ILCs the opportunity to engage in a process of
resources, among others. It subsequently facilitates a
reflection and learning. It allows communities time to talk
community-wide discussion about their endogenous
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