34 65 Swiderska with Milligan, Kohli, Shrumm, Jonas, Hiemstra and Oliva of false expectations. Where patron-client relations exist, it may be best not to compensate communities during FPIC to avoid consent being granted purely for immediate and insignificant benefits. And in other cases, FPIC could be granted not because the proposal is understood, but simply because the people making it are trusted (Lewis and Nkuintchua). Certain protocols and ways of behaving can help minimise the misunderstanding and friction associated with cross-cultural communication between indigenous and non-indigenous people (Ritter). As well as facilitation by a local organisation trusted by the community, the support of an anthropologist may be required. Allowing enough time and money A number of articles stress the need for unhurried processes and flexible design. Putting a time limit on FPIC may be desirable for companies seeking consent but risks rendering FPIC meaningless by preventing full understanding and deliberation, and bottom-up design based on customary institutions. Even where communities are participating in an NGO project which aims to support their livelihoods and rights, the process can take nearly three months (Pimbert). When new and complex issues are introduced where communities may be divided, more time may be required to develop understanding and consensus. These processes of deliberation are vital for communities to decide their best interests. What may appear an attractive proposition to youth, for example, may not be best for safeguarding community subsistence needs or cultural heritage (Ramdas). As a number of articles point out, getting dispersed communities together is often costly. Even if communities themselves are not paid, the cost of facilitation will also need to be covered. Added to this, is the cost of legal support and representation for communities, particularly if benefit-sharing agreements are negotiated with companies. In Australia’s native title process (Ritter), the negotiation of benefitsharing agreements for mining took a minimum of six months, often longer, and involved a number of experts. Given the lack of government support, companies often provided funding for FPIC, but this could lead to co-option of the process. Lessons for supporting community protocols A participatory process is an essential core element for developing community protocols which represent the negotiated majority view or common interest of the community as a whole and which are really owned by the community. While the main purpose of a protocol may be to communicate customary rules and rights, a participatory process is vital to build the capacity and confidence of communities to negotiate with more powerful actors so that these rules and rights are recognised. In some cases, community protocols have led to new inter-community representation structures which can facilitate FPIC (e.g. Sibuye et al.; Argumedo). They can also enable potential problems with a project or partnership to be identified in advance (Lewis and Nkuintchua), and help to build long-term partnerships based on trust (Oliva et al.). Maintaining a flexible focus Whatever the initial purpose for developing a community protocol, it is important to maintain flexibility in terms of objectives, focus and process design. For example, a community protocol for access and benefit-sharing typically sets out the community’s customary values and rights relating to traditional knowledge and biodiversity and requirements for PIC and equitable benefit-sharing. However, ABS issues may not be the only or most pressing priority for communities. Discussions to develop a protocol will inevitably bring up other issues that communities need to address, such as securing their own access to biodiversity resources and defending

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