PART I / CHAPTER 1 A BIO-CULTURAL CRITIQUE OF THE CBD AND ABS each one simultaneously focusing more on one particular From the community perspective, the top-down emphasis aspect of their natural resources or livelihoods and ignoring of the Bonn Guidelines and the way in which environmental others. From the ABS perspective, TK is viewed without its law fractures the otherwise interconnected nature of ILCs’ cultural and environmental foundations. The incumbent ways of life weakens communities’ ability to engage with the REDD regime has the danger of putting disproportionate law in such a way that further strengthens their bio-cultural emphasis on trees as vehicles of carbon sequestration and relationships. Lacking is a mechanism that empowers neglecting the value of biodiversity for human habitation and communities within the various environmental frameworks, survival. This tendency leaves communities vulnerable to a allowing them to appraise which laws to use to best series of single-issue remedial interventions that equate to promote their endogenous development plans. less benefit than the sum of their parts because of their lack of coherence. 6. Conclusion The current crisis of Article 8(j) is that the perceived consensus entering into good ABS agreements which uphold the spirit on facts masks the real differences in values. The fact around of Article 8(j), affirm a bio-cultural way of life and promote which there seems to be an agreement in the WGABS is that their bio-spiritual values. To put it differently, is it possible TK is a commodity that can be traded, and that operationalizing to have ABS agreements that foster the relationships Article 8(j) requires a sound ABS agreement between communities have with their ecosystems and contribute communities and commercial interests. The disagreement on to the security of their bio-cultural foundations? This question values lies in what would constitute best practices and has great relevance to the debate about what constitutes a due process in a sound ABS agreement. “good ABS agreement.” We turn to that question in Chapter 2 after communities themselves speak to these issues in The problem however is that the moment we all agree on the their bio-cultural protocols. “fact” that TK is a purely tradable commodity, we sever the linkage with its bio-cultural origins and thereby foreclose the discussion as to how ABS agreements can affirm bio-cultural ways of life of ILCs. To agree that TK is purely a commodity is to agree on a set of industrialist values that denies the very systems through which TK is produced and biodiversity is conserved and sustainably used. From this perspective, the IRABS at best will protect communities from the misappropriation of their knowledge, but has the danger of doing little to “respect, preserve and maintain” other perhaps more fundamentally important aspects of their knowledge, innovations and practices relevant for the conservation and sustainable use of biodiversity, such as access to land and resources as well as respect for customary laws and practices. The question that we are now confronted with is whether it is possible for ILCs to ensure the local integrity of the IRABS by asserting their rights over their TK and 19

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