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 1 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 37

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