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 20

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