COMMUNITY PROTOCOLS IN THE NEGOTIATIONS OF
THE INTERNATIONAL REGIME ON ACCESS AND BENEFIT SHARING
PART I / CHAPTER 3
In pursuance of the above arguments, the African Group
to community protocols under a Main Component D, including
proposed community protocols as a community-based means
in operational text under the following bricks and bullets:
to ensure that ABS agreements relating to TK affirm the biocultural ways of life of ILCs that Article 8(j) seeks to protect.
• Measures to ensure the fair and equitable sharing of benefits
arising out of the utilization of TK with TK holders, in
They explained:
accordance with Article 8(j) of the CBD (brick D/1/1);
A community protocol is an outlining of ecological values on
which FPIC, MAT and benefit-sharing would be based.
It enunciates a community’s core values and while it remains
a flexible instrument, it provides community members and
• Measures to address the use of TK in the context of benefitsharing arrangements (brick D/1/3);
• Community-level distribution of benefits arising out of
TK (bullet D/2/4);
outside interests a level of certainty about the principles upon
• Access with approval of TK holders (brick D/1/7);
which any ABS agreement will be negotiated.
• No engineered or coerced access to TK (brick D/2/8);
Community protocols are perhaps the best chance for ILCs
• FPIC of and MAT with holders of TK, including indigenous
to ensure that their ways of life and values are respected
and local communities, when TK is accessed (bullet D/2/1);
and promoted. Merely relying on the benefits of ABS
• Measures to ensure that access to TK takes place in
agreements without affirming their ecological values would
accordance with community-level procedures (brick D/1/2); and
reduce ILCs to sellers of TK who warm themselves on the
• Identification of best practices to ensure respect for TK in
embers of a lifestyle that is fast dying out.
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ABS-related research (brick D/1/4)
As we turn to WGABS 8, to be held in Montreal in November
ABS 8 will define the shape of the IRABS as it relates to
2009, the WG will be specifically discussing the provision on TK.
communities’ TK, and the inclusion of community protocols
The African Group has revised its submission to better order
in the text will determine the level of protection communities
its text under the bricks and bullets. It has included reference
can exercise over their TK.
3. Group of Technical and Legal Experts on TK
There is a growing understanding internationally that the bio-
(of biological and cultural systems) reinforces the inseparability
cultural relationships between TK, communities and
of traditional knowledge and genetic resources.
ecosystems have to be taken seriously to ensure conservation
Furthermore, co-evolution suggests that there is traditional
and sustainable use of biological diversity. The recent June
knowledge [that]… is highly specific and traditional
2009 report of the Meeting of the Group of Technical and
knowledge [that]… is of a more general nature as the result
Legal Experts on TK associated with GR in the context of
of co-evolved, bio-cultural systems. Research shows that
the IRABS states:
human ecosystem management and traditional knowledge
promotes biological diversity and thus genetic diversity.
…8. In situations where traditional knowledge is associated
…18. It was also noted that Article 8(j) is a stand-alone
to genetic resources… it was highlighted by many experts that
provision that was not subservient to Article 15 but in fact they
traditional knowledge and genetic resources are inseparable.
are mutually supportive and the development of the
9. Experts further clarified that there are two types of traditional
International Regime should support Article 8(j) in respecting,
knowledge, one that is highly specific and [one] that… is of a
protecting and promoting traditional knowledge.
more general nature, related to the encompassing ecosystem
It was noted that Article 15 speaks to the sovereignty of States
and is the result of co-evolution.
over their genetic resources whereas Article 8(j) recognizes
10. In discussing the relationship between traditional
holders of traditional knowledge.
knowledge and genetic resources, the history of co-evolution
5 . Supra n.17.
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