Regulatory and legal contexts
of biocultural community
protocols
The UN Convention on Biological Diversity
The concept of community protocols has arisen out of the UN Convention on Biological Diversity which entered into force on 29 December 1993 and has the following three
objectives (UN, 1993):
1. The conservation of biological diversity
2. The sustainable use of the components of biological diversity
3. The fair and equitable sharing of the benefits arising out of the utilization of genetic
resources.
In Article 15, the UN Convention on Biological Diversity recognizes the sovereignty of
States over their natural and genetic resources and commits them to facilitate access to
genetic resources to other parties for all environmentally sound uses. This access is to be
granted on mutually agreed terms and must be subject to prior informed consent. Furthermore, efforts should be made to conduct cooperative research and to share the results of
research, development and the benefits from the utilization of genetic resources in a fair
and equitable way.
In Article 10 on the Sustainable Use of Components of Biological Diversity, States commit to “protect and encourage customary use of biological resources in accordance with
traditional cultural practices that are compatible with conservation or sustainable use
requirements”, as well as to “support local populations to develop and implement remedial
action in degraded areas where biological diversity has been reduced”.
The relationship between governments and local and indigenous communities is specified
in Article 8j:
“Each contracting Party shall, as far as possible and as appropriate: Subject to national
legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation
and sustainable use of biological diversity and promote their wider application with the
4