BIO-CULTURAL COMMUNITY PROTOCOLS AS A
COMMUNITY-BASED RESPONSE TO THE CBD
PART I / CHAPTER 2
• The researchers and/or companies have to share some
Academic researchers must apply to the Executive Committee
benefits with the community where the Guni is based,
for any access to our traditional knowledge or indigenous
including recognition of our role in developing the
biological resources. We will require, according to the
traditional knowledge;
[South African] Bio-prospecting and Access and Benefit
• We want to be involved in parts of the research;
Sharing Regulations and the BABS Amendment Regulations,
• No patenting of the knowledge;
to see the letter from the Department of Water and
• Any use would be on the basis of a share alike license;
Environmental Affairs (DWEA) stating that they can conduct
• The outcomes must be translated into our main languages:
the research. The Executive Committee will conduct an
Marwadi and Hindi;
information gathering process to ascertain the exact
• Any subsequent change of use of the knowledge requires
renewed consent (FPIC);
parameters of the intended research. With that information
the Committee will, based on our customary laws, conduct
• We will not at this stage deal with foreign companies; and
a process of community deliberation and ancestral
• We want a continuing relationship with the user in terms
consultation to decide whether the knowledge should
of periodic reports.
be shared and on what basis. Where access is granted,
it will be on the condition that further consent is required
To sum up, anyone who wants to engage with us must
if the intended use of the research is changed and for a range
acknowledge our development of the knowledge and should
of non-monetary benefits including acknowledgement
be prepared to treat the environment with equilibrium such
that we are the holders of the original knowledge. Any dealing
that there is no degradation and with reciprocity so that
with us must be conducted in total transparency.
anything we provide is compensated in a like manner
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according to our values.
Commercial bio-prospectors are welcome to engage us.
They must first apply to our Executive Committee for any
The Bushbuckridge healers from the Kruger to Canyons
access to our traditional knowledge or indigenous
Biosphere Reserve decided to differentiate users of their
biological resources. We will require, according to the BABS
knowledge along sectoral lines, providing each group with
Regulations, any commercial bio-prospecting company
a clear guide as to how and on what terms they would
to provide us with all information relating to the intended
decide to give FPIC. They state:
use of the knowledge and/or indigenous biological resource.
With that information the Committee will, according to
We will base any consent to use our knowledge and access
our customary laws, conduct a process of community
our indigenous biological resources on our customary laws
deliberation and ancestral consultation to decide whether the
and domestic regulations and the process of providing prior
knowledge should be shared and on what basis.
informed consent and deciding on the conditions for transfer
That will form the start of a process of negotiation with
will depend largely on the type of user. For example:
the company towards a benefit-sharing agreement and
material transfer agreement, if required. Benefits could
Students wanting to become healers: we want to assist anyone
include monetary and/or non-monetary benefits.
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wanting to become a student of traditional health practices.
Prospective students should make arrangements with any of
The Samburu added something further to the FPIC frameworks
us to set up a mentorship and can expect to pay a fee.
that the other groups developed. They saw FPIC as a dynamic
process, going beyond a mere “yes” or “no” towards a benefit-
Healers from other areas who contact any of us for particular
sharing agreement that reveals that they consider
information will be directed to the Executive Committee who
themselves to be active stakeholders in any research that
will conduct a process of community deliberation and
is carried out on their indigenous livestock. They state:
ancestral consultation to decide whether the knowledge
should be shared and on what basis.
19. Supra note 8.
20. Supra note 11.
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