CHAPTER 3
Community Protocols in the Negotiations
of the International Regime on Access
and Benefit Sharing
Kabir Bavikatte and Harry Jonas
1. Introduction
“Community protocols”, as they are being referred to in the
The Meeting of the Group of Technical and Legal Experts on
Working Group on Access and Benefit Sharing (WGABS), are
Traditional Knowledge (TK) Associated with Genetic Resources
being discussed in the negotiations of the international regime
(GR), the International Vilm Workshop on Matters Related to
on access and benefit sharing (IRABS), having been introduced
TK Associated with GR and the ABS Regime, and the Pan
by the Africa Group in their operational text submitted prior
African meeting of indigenous peoples and local communities
to the 7th meeting of the Working Group (WGABS 7).
(ILCs) on ABS and TK. This chapter details the increasing
Community protocols have also been raised at several
reference being made to community protocols at the
subsidiary meetings held in 2009 between WGABS 7 and 8,
international level and asks what contribution they will make
including the following:
to ILCs’ ability to engage with the incumbent IRABS.
2. African Group Submission to the WGABS
At the 9th Conference of Parties (COP 9), held in May 2008, Parties
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paradigm within the WGABS that privileges traditional
to the CBD resolved in Decision IX/12 that Annex 1 to the Decision
knowledge (TK) with commercial application over other
would be the basis for further negotiations towards the IRABS.
knowledge, innovations and practices that promote the
Decision IX/12 required Parties to submit operational text
conservation and sustainable use of TK. Unique to the African
and explanations for the IRABS under each of the main
text was its focus on ensuring the free, prior and informed consent
components of Annex 1. Subsequent negotiations, beginning
(FPIC) of ILCs for accessing their TK and the sharing of benefits
with ABS 7 in Paris in April 2009, have been based on the
arising from its use, while also safeguarding the bio-cultural
operational text submitted by the Parties. Under the heading
relations within which TK is embedded. The African Group
“Measures to Ensure Compliance with Customary Laws and Local
suggested this was a strong basis for negotiations because ILCs
Systems of Protection”, which falls under the Compliance
could retain control over their TK and benefit from its entry into
component, the African Group of countries introduced operational
non-traditional sectors while ensuring that its use is not entirely
text that explained their attempts to challenge the dominant
divorced from the community processes that elicit it in the first place.
1 . http://www.cbd.int/doc/decisions/cop-09/cop-09-dec-12-en.pdf
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