The next twelve months is an important Without ILCs’ input, there exists significant potential for laws period in the development of international intended to promote the overarching aims of the Rio Conventions environmental law that will have marked to instead further undermine the communities that have most contributed to the protection of biodiversity and least contributed impacts on the lives of indigenous peoples to climate change. The legal and bio-cultural empowerment of and local communities (ILCs). Negotiations ILCs is therefore the indispensable condition of the local integrity under the auspices of the United Nations of international environmental law. Convention on Biological Diversity (CBD) and Yet there is a concern that the development of international the UN Framework Convention on Climate environmental laws and guidelines focus disproportionately Change (UNFCCC) are likely to culminate in on protecting the environment and access to ILCs' TK without two instruments that will have significant also empowering ILCs to ensure the conservation and impacts on the lives of ILCs: the International sustainable use of their natural resources and wider use of Regime on Access and Benefit Sharing their TK according to their bio-cultural values. Although there is a significant body of work pertaining to sui generis systems (IRABS) and the Programme on Reducing of the protection of TK and associated GR, significantly less Emissions from Deforestation and Forest emphasis has been placed on devising means to ensure locally Degradation in Developing Countries entrenched, holistic approaches to environmental law. (REDD), respectively. The IRABS will regulate The development of bio-cultural community protocols (BCPs) the way traditional knowledge (TK) and by ILCs is one way in which communities can increase their genetic resources (GR) are accessed and how capacity to drive the local implementation of international the benefits arising from their use are shared. and national environmental laws. A BCP is a protocol that is REDD aims to contribute to the mitigation developed after a community undertakes a consultative process to outline their core ecological, cultural and spiritual of climate change by facilitating payments values and customary laws relating to their TK and resources, for reducing deforestation in which ILCs live based on which they provide clear terms and conditions to and depend on for their livelihoods. regulate access to their knowledge and resources. In both the CBD and UNFCCC forums, ILCs and nongovernmental organizations (NGOs) are questioning the ability of the respective instruments to adequately respect and promote communities’ ways of life that have contributed to the conservation and sustainable use of biodiversity. While international regulatory frameworks are important for dealing with modern global concerns such as biodiversity loss and climate change, their implementation requires careful calibration at the local level to ensure the environmental gains and social justice they are intended to deliver. The local implementation of environmental legal frameworks is most likely to lead to environmental and social benefits when ILCs have the right of free, prior and informed consent (FPIC) over any activities undertaken on their lands or regarding access to their traditional knowledge, innovation and practices (also referred to collectively as TK) and when they are able to ensure that any activities or benefit-sharing agreements reflect their The process of developing a BCP involves reflection about the inter-connectedness of various aspects of ILCs’ ways of life (such as between culture, customary laws, practices relating to natural resources management and TK) and may involve resource mapping, evaluating governance systems and reviewing community development plans. It also involves legal empowerment so community members can better understand the international and national legal regimes that regulate various aspects of their lives, such as ABS, REDD, protected area frameworks, and payment for ecosystem services schemes. Within the ABS framework, for example, a community may want to evaluate what the community’s research priorities are, on what terms it would engage with potential commercial and non-commercial researchers wanting access to their TK, what the procedures relating to FPIC must be, and what types of benefits the community may want to secure. underlying bio-cultural values. 09

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