A BIO-CULTURAL CRITIQUE OF THE CBD AND ABS
PART I / CHAPTER 1
5. The Importance of Local Integrity
Integrity, as a holistic concept, judges the quality of a system
users to understand and comply with the requirements of the
in terms of its ability to achieve its own goals. To judge a
CBD. Specifically relating to ABS, the following four voluntary
future IRABS by this measure is to examine the extent to
guidelines and management tools were developed:
which ABS promotes Article 8(j) at the local level. As we argue
above, communities have a bio-cultural relationship with the
1 . Akwé: Kon Voluntary Guidelines for the conduct of cultural,
environment and their ways of life depend on the health of
environmental and social impact assessments regarding
the ecosystem. In acknowledgement, Article 8(j) asks for the
developments proposed to take place on, or which are
safeguarding of their ways of life and promotion of the
likely to impact, sacred sites and on lands and waters
underlying bio-spiritual values that have ensured conservation
traditionally occupied or used by indigenous and local
and sustainable use of biological diversity. Yet the WGABS
communities, adopted at COP 5 in 2000;
is addressing this aim by establishing the IRABS, a mechanism
2 . Bonn Guidelines on access to genetic resources and fair and
that promotes access and benefit-sharing agreements
equitable sharing of benefits arising out of their utilization,
based on the sale of communities’ TK to commercial
adopted at COP 6 in 2002 as a way of implementing Article 8(j);
interests in return for monetary benefits. This further promotes
3 . The Addis Ababa Principles and Guidelines for the
desperate exchanges and ignores the cultural, spiritual and
Sustainable Use of Biodiversity, adopted at COP 7 in 2004; and
environmental foundations of TK. This potential conflict
4. ABS Management Tool, developed by the International
between the aims of Article 8(j) and the method of achieving
Institute for Sustainable Development among others and
it, as is being negotiated by the WGABS, suggests that the
published in 2007.
incumbent IRABS may lack integrity at the local level.
All four of the instruments are subsidiary to the CBD, but share
A system that lacks integrity can be rectified if it is amenable
its broad intent: to promote the conservation and sustainable
to change in such a way that its aims are in accordance with
use of biodiversity with an emphasis on protecting ILCs whose
its outcomes. Thus if communities are able to use the IRABS
lifestyles have preserved their local biodiversity. While the
to promote the respect, preservation and maintenance of
Bonn Guidelines on ABS and the ABS Management Tool focus
their TK, the IRABS retains integrity, at least for the communities
solely on ABS, the Akwé: Kon Voluntary Guidelines and Addis
that have been able to engage it to secure certain aspects of
Ababa Principles and Guidelines are broader in scope, but can
their bio-cultural heritage. Yet two tendencies inherent in the
be applied to ABS-related activities.
law further jeopardize the local integrity of the IRABS, namely,
a top-down approach and the way in which it deals with
While the protective framework is of critical importance and
whole subjects in a fragmentary manner. First, in the 1990s,
the procedural guidelines are a much needed resource, they
we were told to “think globally, act locally.” This is highly applicable
do not address the root of the matter. Each instrument
to how one should conceptualize and implement environmental
approaches communities from the top down, purportedly
law. While international environmental laws are drafted to apply
shielding them from commercial activity incommensurate
to regions or to nations, they are only effective when they
with the CBD, but without providing them a platform from
make a difference at the local level. In the case of ABS, particular
which to advocate for their rights and community-specific
agreements will only have local gains when they are carefully
values. From a community perspective, the guidelines and
calibrated to meet the specific needs of the local communities
tools lack the ability to ensure the local integrity of the
and their endemic environments.
environmental laws they are underwriting.
First, natural resources law has tended to focus on controlling
Second, law is inherently fragmentary. As described above,
the users of natural resources or TK as they operate in local
the communities that Article 8(j) intends to assist are bio-
contexts, without also putting in place mechanisms to
cultural in the sense that their livelihoods, environment, culture,
empower communities within those frameworks.
spirituality, and customary laws, among other aspects of their
The parties to the CBD, international organizations and NGOs
lives, are mutually dependent. Yet the law sees communities
have devised guidelines and other policy instruments to assist
and the environment from a number of perspectives,
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