with a bioprospecting opportunity or a need to defend bio-cultural values, such as securing land rights from being usurped. Based on all the above, some participants pointed out that such protocols should clearly define the rules of engagement with third parties, the conditions to access natural resources and should include clauses related to free and prior informed consent and the fair and equitable sharing of benefits arising from the use of these natural resources. Others suggested that customary practices should be linked to incentive schemes such as the payment for ecosystem services programme. The traditional healers of Bushbuckridge were facing numbers of challenges related to the access of local plants and the use of their traditional knowledge by outsiders. They then decided to unite to address these issues and regulate their interactions with external stakeholders. To do so, they needed a document that could provide them this ‘power’ and state the conditions and rules of engagement to potential third parties. It was also mentioned that a BCP could be an invaluable communication tool and the starting point of a bigger environmental and cultural rights campaign. Value Addition of a BCP The communities in Lamu came together to raise awareness about the problem of land abuse and the environmental and cultural impacts that a project of the magnitude of the port development will have. They believed that a tool such as a BCP will help them to communicate their message to organisations such as the UNESCO, national institutions and the government. BCPs were seen as potential tools to address conflicts between communities of a same area that share and use genetic resources and similar associated traditional knowledge. In this instance, the process of BCP development could facilitate participation, dialogue and negotiation between communities over shared resources or knowledge. Working Towards the Legal Recognition of BCPs The discussion on elements and value addition highlighted that BCPs could be utilised by communities, among other things, to define themselves for a specific purpose, as a means of consensus building, and to highlight their role as stewards of biodiversity. BCPs were also firmly viewed as tools that facilitate, through the use of cultural-rooted and participatory approaches such as endogenous development, the assertion of communities’ rights over their territories, cultures and traditional knowledge. The second part of the discussion laid emphasis on the way forward towards the recognition of BCPs as legal instruments within national and international laws. Participants examined potential avenues to advance the legal recognition of BCPs. They noted the importance of the recognition of BCPs or ‘community protocols’, as referred to in the Nagoya Protocol, in national legislation and policy while agreeing that governments in Africa should be lobbied to this effect. They stated that the legal validity of BCPs would assist to give recognition to customary laws at the national level and likewise the recognition of customary laws could also assist 12

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