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65 Swiderska with Milligan, Kohli, Shrumm, Jonas, Hiemstra and Oliva
livelihood needs and worldviews
(Argumedo).5
In many cases, they serve a combination of these functions. For outsiders, such
as companies seeking access to genetic
resources, they can provide legal certainty
and clarity, minimise potential conflicts
with and amongst communities, and help
to build long-term partnerships (Oliva et
al.). Community protocols can also establish representative organisations and
procedures for those seeking FPIC.
CPs started to gain prominence in 2008,
as a community-based response to the CBD.
Natural Justice and the LIFE Network facilitated their development as tools for legal
empowerment, with support from the ABS
Capacity Development Initiative and
UNEP (Natural Justice, 2009). 6 7 In
November 2009, the African Group (a
negotiating group made up of African countries) proposed the inclusion of CPs in the
Nagoya Protocol on access and benefitsharing (see Box 4, p. 30). Subsequently,
COMPAS started supporting CPs, building
on community initiatives for endogenous
development (COMPAS, 2010), with the
support of the ABS Capacity Development
Initiative to the BCP Africa project of
COMPAS, Natural Justice and the Ghanaian NGO CIKOD, which has been testing
the development of CPs in different
settings.8 Also in 2011, GIZ funded the CP
project of UEBT and Natural Justice,
exploring how CPs could facilitate dialogue
and partnership between communities and
the private sector in the biotrade arena.
These efforts build on earlier initiatives,
such as the development of community
protocols facilitated by indigenous organisations ANDES (Peru) and the Fundacion
Dobo Yala (Panama), with support from
IIED and IDRC (Canada), and by the NGO
SEARICE (Southeast Asia Regional Initiatives for Community Empowerment) in the
Anti-Biopiracy Programme in Southeast
Asia funded by HIVOS, DANIDA and GIZ
(1998-2001).9 They also build on previous
efforts to support community participatory
processes to defend customary rights, such
as work by Kalpavriksh Environmental
Action Group in India.10 Many of these
organisations have contributed to this
special issue.
5 The Convention on Biodiversity (CBD) is an international agreement for the conservation and
sustainable use of biodiversity, signed in 1992 and ratified by 193 countries. Its third objective
requires countries which use genetic resources (industrialised countries) to share the benefits
they derive fairly and equitably with countries that provide access to genetic resources. This is
referred to as access and benefit-sharing or ABS. Genetic resources are used commercially in a
range of sectors: biotechnology, plant breeding, pharmaceuticals, herbal medicines, cosmetics
and industrial processes. In the past communities have received few benefits, if any, when their
traditional knowledge and genetic resources have been used to develop new products which are
patented – hence the term ‘biopiracy’. The CBD also requires countries to encourage the sharing
of benefits with communities for the use of traditional knowledge, innovations and practices.
6 Formed in 2000, the Local Livestock for Empowerment of Rural People (LIFE) Network is an
international action-research and advocacy network promoting the sustainable use of local
breeds to support the livelihoods of pastoralists and ecological livestock keepers.
7 Founded in 2006, the ABS Capacity Development Initiative is currently funded by the
Governments of Denmark, Germany and Norway, as well as the European Commission and the
Institut de l’Energie et de l’Environnement de la Francophonie (IEPF), and implemented by GIZ.
See: www.abs-initiative.info. Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ)
GmbH (German Development Cooperation) is an enterprise owned by the German Federal
Government. See: www.giz.de/en. UNEP is the United Nations Environment Programme.
8 The COMPAS (COMPAring and Supporting Endogenous Development) Network has members
in 15 countries and is coordinated by ETC COMPAS in the Netherlands.
9 Asociación ANDES is a civil non-profit conservation and development association working in
poverty alleviation, biodiversity management and supporting traditional rights to biocultural
resources. See: www.andes.org.pe/en. The International Development Research Centre (IDRC) is
a public corporation created by the Canadian government to help communities in the
developing world find solutions to social, economic and environmental problems. See:
www.idrc.ca. Protocols were developed as part of the IIED project ‘Protecting Community Rights
over Traditional Knowledge: Implications of Customary Laws and Practices’ 2005-2009. See:
http://biocultural.iied.org/tools/community-biocultural-protocols.
10 Kalpavriksh Environmental Action Group is a Indian NGO, based in Maharashtra. It believes
that a country can develop meaningfully only when ecological sustainability and social equity are
guaranteed, and a sense of respect for, and oneness with nature, and fellow humans is achieved.