Photo: Khanh Tran-Thanh
l Community protocols and free, prior informed consent – overview and lessons learnt 27
Guest editor Krystyna Swiderska at IIED’s information tent at the CBD 10th Conference of Parties in Nagoya,
Japan (2010). The tent provided a meeting point for IIED partners and other visitors to the conference as well
as a resource for information on IIED’s work with biodiversity and conservation.
Box 2: Customary laws, rights and
responsibilities
Customary laws are locally recognised principles,
norms and rules, which are orally held and
transmitted and are applied by community
institutions (e.g. councils of elders) to internally
govern or guide all aspects of life. They include rules
and norms to control access to natural resources and
ensure sustainable use, and codes of ethics for proper
use and transmission of traditional knowledge
(Swiderska, 2006). Many indigenous customary law
principles or values also promote equity – for
example the Quechua principle of reciprocity, or
equal exchange (Swiderska et al., 2009). However,
the extent to which customary principles are still
observed in practice varies, and in some cases,
focusing on existing customs may further entrench
existing power asymmetries such as the exclusion of
women and youth in community decision-making
processes (Natural Justice, 2009).
Customary rights are acquired by custom, and
belong to all the inhabitants of a particular place.
Indigenous peoples’ customary rights often
emphasise collective rather than individual rights,
and stewardship rather than outright ownership.
of engagement, often imposing projects or
plans which threaten local livelihoods or
do not reflect local priorities. As a result,
there is growing recognition of the need to
articulate communities’ rules and protocols in forms that can be understood by
others. These new forms of protocols
(often written) are called community
protocols (CPs) or biocultural community
protocols (BCPs). They communicate the
importance of their lands and resources
for a community’s livelihoods and way of
life, their roles as stewards of land and
resources, and their customary rights and
how these are recognised in international
and national law. Protocols can help
communities to:
• assert and defend their customary rights
in the face of external threats, e.g. from
mining (Guri et al.; López and Heiler);
• negotiate access to customary resources
(e.g. grazing rights in strict protected
areas), and gain recognition from policy
makers (Köhler-Rollefson et al.);
• promote constructive dialogue and equitable partnerships with others (e.g. NGOs
or companies), which support the communities’ plans and priorities (Lewis and
Nkuintchua; Oliva et al.);
• improve organisation, representation and
cohesion between communities (Sibuye et
al.; Argumedo); and
• establish local systems and institutions in
relation to access and benefit-sharing
(ABS) arrangements provided for under
the Convention on Biodiversity (CBD), in
accordance with their customary laws,