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BIO-CULTURAL COMMUNITY PROTOCOLS - Portal do Professor

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PART II / CHAPTER 5<br />

processes of free, prior and informed consent (FPIC) and<br />

community research agreements that establish mutually<br />

agreed terms (MAT). During the course of the study, there<br />

should be periodic participatory evaluations that assess the<br />

perspectives of a broad range of community members to<br />

ensure there is general agreement about the research<br />

approach, methods and results. A BCP can serve to establish<br />

the terms and conditions of any transfer of knowledge and<br />

resources outside the community, which should cover<br />

disclosure through internal reports, published materials<br />

and web-based bioinformatics and mapping approaches<br />

such as searchable ethno-biological databases and<br />

online mapping.<br />

Bio-prospecting has yielded valuable commercial products in<br />

recent history and protected areas are seen as reservoirs of<br />

genetic materials that might serve important functions in<br />

agriculture or medicine. Bio-prospecting in protected areas is<br />

bound to increase as they contain much of the world’s<br />

biodiversity and are likely to serve as increasingly important<br />

repositories of disappearing habitats, species and genetic<br />

resources. 12<br />

As national ABS frameworks are developed, bioprospecting<br />

agreements with protected areas are also likely<br />

to increase because management authorities see them as<br />

a promising source of sustainable financing. In this context,<br />

BCPs can be a crucial instrument to ensure that the rights<br />

of ILCs in and around protected areas over their resources<br />

and knowledge are respected, that bio-prospecting activities<br />

take place only after FPIC is established, and that ILCs receive<br />

a fair share of the benefits arising out of such agreements.<br />

BCPs can inform researchers about appropriate researcher<br />

behavior, the community’s research priorities, local<br />

requirements for obtaining FPIC, and the types of<br />

benefits that should be shared.<br />

2.3 Bio-cultural Community Protocols<br />

and Indigenous and Community<br />

Conserved Areas<br />

ICCAs are defined as “natural and/or modified ecosystems<br />

containing significant biodiversity values, ecological services<br />

and cultural values, voluntarily conserved by indigenous<br />

<strong>BIO</strong>-<strong>CULTURAL</strong> <strong>COMMUNITY</strong> <strong>PROTOCOLS</strong> AND PROTECTED AREAS<br />

peoples and local communities – both sedentary and<br />

mobile – through customary laws or other effective means”. 13<br />

Territories and lands occupied or used by ILCs encompass a<br />

considerable proportion of areas important for biodiversity<br />

and wildlife conservation. They are found in both terrestrial<br />

and marine areas and range in size from sacred groves of less<br />

than 1 ha to over 30 000 km 2 indigenous territories in Brazil. 14<br />

Many of these ICCAs encompass conservation knowledge<br />

and practices intertwined with local strategies for livelihoods,<br />

the spiritual and material values of ILCs and a variety<br />

of customary and legal collective rights over land and<br />

natural resources.<br />

ICCAs have until recently largely been ignored, if not<br />

undermined, by formal conservation policies and many are<br />

under severe threat. However, the recent recognition of<br />

ICCAs at the international policy level is encouraging, and<br />

in some countries ICCAs have been recognized and<br />

incorporated into national protected area systems.<br />

For example, about 20% of Australia’s protected area consists<br />

of 20 indigenous protected areas. 15<br />

Despite this, the interface<br />

between state-based institutions and the customary<br />

institutions of ILCs remains a challenging and complex arena.<br />

All too often, the official recognition of the conservation<br />

value of ICCAs and their incorporation into national protected<br />

area systems is achieved through the imposition of new<br />

institutions that undermine the very customary governance<br />

structures and bio-cultural values that conserve the ICCAs<br />

in the first place. Additionally, under the influence of rapid<br />

economic, demographic and cultural changes, the traditional<br />

knowledge, values and practices linked to ICCAs are often<br />

being aban<strong>do</strong>ned or lost.<br />

At the same time, public recognition of ICCAs can be crucial<br />

for some communities to be able to defend these areas against<br />

external threats or to seek various forms of support for the<br />

management of their natural resources. Indeed, the recognition<br />

of ICCAs needs to be based on the respect of the communities’<br />

strategies for conservation and sustainable use and their<br />

customary governance institutions. It should take into account<br />

the range of bio-cultural values that help conserve the area<br />

and the role these values play in the communities’ ways of life.<br />

12. United Nations University Institute of Advanced Studies (UNU/IAS), Biodiversity Access and Benefit–Sharing Policies for Protected Areas, an Introduction. UNU/IAS, Tokyo, 2003.<br />

13. Borrini-Feyerabend, Grazia, Recognizing and Supporting Indigenous and Community Conservation – Ideas and Experiences from the Grassroots, IUCN CEESP.<br />

Briefing Note 9, September 2008.<br />

14. See: Kothari, Ashish, Community Conserved Areas: Towards Ecological and Livelihood Security, in: PARKS 16, pp 14-20, 2006; and Berkes, Fikret, Community<br />

Conserved Areas: Policy Issues in Historic and Contemporary Context, in: Conservation Letters 2, pp 19-24, 2009.<br />

15. Smyth, Dernoth, Indigenous Protected Areas in Australia, in: PARKS 16, pp 14-20, 2006.<br />

55

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