BIO-CULTURAL COMMUNITY PROTOCOLS AS A
COMMUNITY-BASED RESPONSE TO THE CBD
PART I / CHAPTER 2
factors in the maintenance of their TK. At the same time,
grant access to our animal genetic resources or associated
they also set out reasons why they have to ensure that
traditional knowledge, we have the right to negotiate a benefit-
their knowledge is only used by certain people and
sharing agreement that includes mutually agreed terms.
18
according to certain values. The traditional healers of
Bushbuckridge present a good example of how a community
The Gunis from Rajasthan went even further than this,
holds and shares its knowledge:
setting out a series of principles central to the Guni dharma
that governs any use of their TK:
Each one of us has received a calling to become a healer
and has been inducted and has studied with other healers.
We feel we have a duty to ensure the preservation of our
We gain our knowledge in four main ways: we are taught
knowledge by sharing it with others. We do so with other Gunis
by our mentors, during our dreams we receive our ancestors’
and with students on the basis that it must not be misused.
knowledge that is passed down through the generations,
By this we mean that whoever uses our knowledge must
we innovate our knowledge, and we receive knowledge from
do so according to our Guni dharma. We completely reject
other traditional health practitioners.
the use of our knowledge in ways that either degrade the
Whilst we share much common knowledge, each one of us
environment or deny the poorest in society from receiving
has specialized areas of expertise and corresponding
treatment. Either action is a form of exploitation that goes
knowledge. Thus our knowledge is at the same time ancestral,
against our Guni dharma and has serious implications on
common and individually held. If we give our knowledge to
society and the efficacy of the knowledge.
others without taking into consideration our ancestors and
fellow healers, we will anger our ancestors and jeopardize
Free, prior and informed consent: We regularly share our
the sanctity of our common knowledge. We can share our
knowledge amongst ourselves according to our customary
knowledge, but only after appropriate consultations and
norms that encourage the sharing of knowledge, but prohibit
on the basis of reciprocity, including benefit-sharing.
the transfer of knowledge to those who will misuse it by
We lament the loss of knowledge that has already taken place,
going against our Guni dharma.
in most cases without any acknowledgement of the source of
the knowledge and in the absence of benefit-sharing.
17
If an outsider wants to access our knowledge, the Guni who is
approached will inform Jagran Jan Vikas Samiti (JJVS),
As a result of previous government interventions and the
the Guni organization that has since 1994 assisted Gunis in
unregulated taking of knowledge, the communities that
Rajasthan and six other states to revitalize our traditions.
developed protocols felt that any further use of TK or animal
We will then hold a meeting of our governing body,
genetic resources should be subject to FPIC and according to
the appropriate Gunis, local conservation farmers, and
customary laws. The Raika, for example, stated this very clearly:
other relevant community members. We will require full
information about the intended use of the knowledge.
Our community panchayat should be engaged any time
outside interests take decisions that may affect our livelihoods
While we will assess each request on a case by case basis, any
or relate to our breeds and associated traditional knowledge.
sharing of knowledge will be subject to our Guni dharma as
For example, before any of our access rights to customary
set out in this protocol. In addition to the two core values of
grazing areas are altered, we must be consulted. Also, where
conserving nature and not denying access to healthcare to
researchers or commercial interests want to access our animal
the poorest of our communities, our Guni dharma includes:
genetic resources and/or associated traditional knowledge,
we must be given all relevant information with which to take
• No sharing of our knowledge with anyone who would try
a decision and given time to discuss the issues within the
to make excessive profits. The benefits to the individual
community panchayat as our breed diversity and traditional
should be commensurate with those to the environment
knowledge are collectively held and their ownership is not
and society;
vested in any single individual. In cases where we decide to
17. Supra note 11.
18. Supra note 4.
29