COMMUNITY PROTOCOLS IN THE NEGOTIATIONS OF
THE INTERNATIONAL REGIME ON ACCESS AND BENEFIT SHARING
PART I / CHAPTER 3
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It was further emphasized that Article 8(j) as a standalone
systems of protection. The Expert Report, like the African
provision protects all traditional knowledge of indigenous
Operational Text, stated that national laws of countries party
and local communities within the mandate of the
to the CBD should uphold BCPs as legitimate statements of
Convention on Biological Diversity, including traditional
the rights and wishes of ILCs. The Expert Report added that
k n ow l e d g e a s s o c i a t e d w i t h g e n e t i c r e s o u r ce s.
in situations in which TK is shared between ILCs or spread
Furthermore, associated traditional knowledge does not
across national boundaries or ILCs with different values,
necessarily have to be associated with genetic resources,
customary norms, laws, and understandings, countries should
as it can also include the use of traditional knowledge
encourage and support the development of BCPs in order to
associated with biological resources.
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The Expert Report also
highlighted the importance of BCPs in regulating access to
provide potential users of such associated TK with clear and
transparent rules for acquiring FPIC.
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TK of ILCs when there is no clear customary law and local
4. International Vilm Workshop on Matters Related to
TK Associated with GR and the ABS Regime
BCPs were affirmed at the July 2009 International Vilm
support and facilitate local, national and/or regional
Workshop on Matters Related to TK Associated with GR and
community protocols regulating access to genetic resources
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the ABS Regime , which was organised by the German Federal
and associated traditional knowledge, taking into
Ministry of Environment, Nature Conservation and Nuclear
consideration the relevant customary laws and ecological
Safety. The Workshop had invited ILC representatives to jointly
values of indigenous peoples and local communities in order
prepare for and provide input to Parties in the forthcoming
to prevent the misappropriation of their associated TK. If an
negotiations at WGABS 8 in Montreal in November 2009.
agreement on access to genetic resources and/or traditional
The ILC representatives under the head of “Measures to
knowledge has been reached between an indigenous people
Ensure that Access to TK Takes Place in Accordance with
or a local community and a user, when applicable through an
Community-level Procedures” proposed operative text for
Indigenous Peoples’ Competent Authority and/or the use of
the IRABS that requires States to facilitate the development
community protocols, the existence of the agreement shall be
of BCPs with the full and effective participation of bio-cultural
registered with the competent national authority.
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communities to prevent the misappropriation of their TK.
They stated:
Participants at the workshop debated the ILCs’ submission
and despite questions relating to their exact operation and
The legitimate indigenous or local authorities shall provide
future standing under the IRABS, the concept garnered
potential users of traditional knowledge with clear information
broad support.
on how to obtain FPIC (free, prior and informed consent) and
negotiate MAT to traditional knowledge based on communitylevel procedures, customary laws and/or community protocols.
Parties shall, with the full and effective participation of the
indigenous peoples and local communities concerned,
6. UNEP/CBD/WG-ABS/8/2.
7. Ibid, para 35.
8. Ibid, para 60.
9. Workshop report forthcoming.
1 0 . For a copy of the submission contact Natural Justice (www.naturaljustice.org.za)
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