BIO-CULTURAL COMMUNITY PROTOCOLS - Portal do Professor

PART I / CHAPTER 3
It was further emphasized that Article 8(j) as a standalone
provision protects all traditional knowledge of indigenous
and local communities within the mandate of the
Convention on Biological Diversity, including traditional
knowledge associated with genetic resources.
Furthermore, associated traditional knowledge does not
necessarily have to be associated with genetic resources,
as it can also include the use of traditional knowledge
associated with biological resources. 6
The Expert Report also
highlighted the importance of BCPs in regulating access to
TK of ILCs when there is no clear customary law and local
6. UNEP/CBD/WG-ABS/8/2.
7. Ibid, para 35.
8. Ibid, para 60.
9. Workshop report forthcoming.
10. For a copy of the submission contact Natural Justice (www.naturaljustice.org.za)
systems of protection. 7
The Expert Report, like the African
Operational Text, stated that national laws of countries party
to the CBD should uphold BCPs as legitimate statements of
the rights and wishes of ILCs. The Expert Report added that
in situations in which TK is shared between ILCs or spread
across national boundaries or ILCs with different values,
customary norms, laws, and understandings, countries should
encourage and support the development of BCPs in order to
provide potential users of such associated TK with clear and
transparent rules for acquiring FPIC. 8
4. International Vilm Workshop on Matters Related to
TK Associated with GR and the ABS Regime
BCPs were affirmed at the July 2009 International Vilm
Workshop on Matters Related to TK Associated with GR and
the ABS Regime 9
, which was organised by the German Federal
Ministry of Environment, Nature Conservation and Nuclear
Safety. The Workshop had invited ILC representatives to jointly
prepare for and provide input to Parties in the forthcoming
negotiations at WGABS 8 in Montreal in November 2009.
The ILC representatives under the head of “Measures to
Ensure that Access to TK Takes Place in Accordance with
Community-level Procedures” proposed operative text for
the IRABS that requires States to facilitate the development
of BCPs with the full and effective participation of bio-cultural
communities to prevent the misappropriation of their TK.
They stated:
The legitimate indigenous or local authorities shall provide
potential users of traditional knowledge with clear information
on how to obtain FPIC (free, prior and informed consent) and
negotiate MAT to traditional knowledge based on communitylevel
procedures, customary laws and/or community protocols.
Parties shall, with the full and effective participation of the
indigenous peoples and local communities concerned,
COMMUNITY PROTOCOLS IN THE NEGOTIATIONS OF
THE INTERNATIONAL REGIME ON ACCESS AND BENEFIT SHARING
support and facilitate local, national and/or regional
community protocols regulating access to genetic resources
and associated traditional knowledge, taking into
consideration the relevant customary laws and ecological
values of indigenous peoples and local communities in order
to prevent the misappropriation of their associated TK. If an
agreement on access to genetic resources and/or traditional
knowledge has been reached between an indigenous people
or a local community and a user, when applicable through an
Indigenous Peoples’ Competent Authority and/or the use of
community protocols, the existence of the agreement shall be
registered with the competent national authority. 10
Participants at the workshop debated the ILCs’ submission
and despite questions relating to their exact operation and
future standing under the IRABS, the concept garnered
broad support.
40