African Training Workshop on Community Protocols, Indicators on Traditional Knowledge and Customary Sustainable Use under the Convention on Biological Diversity The potential of Community Protocols for Traditional Knowledge under the Convention and the Nagoya Protocol January Nairobi, Kenya

Outline What are Community Protocols (C.P)? What can they contain? What they are important? C.P. within the context of GEF

What are Community Protocols? The United Nations Environmental Programme (UNEP) describes community protocols (CP) as: a term that covers a broad array of documents generated by communities to set out how they expect other stakeholders to engage with them. C.P.

What can they contain? national or/and international law details of customary laws and traditional authorities Details about prior inform consent (PIC), MAT and BS.

What they are important? C.P. provide communities an opportunity to focus on their development aspirations vis-a-vis their rights and to articulate for themselves and for users their understanding of their bio-cultural heritage and therefore on what basis they will engage with a variety of stakeholders. By considering the interconnections of their land rights, current socio-economic situation, environmental concerns, customary laws and TK, communities are better placed to determine for themselves how to negotiate with a variety of actors. C.P. →For IPLCs

What they are important? C.P. can helps other stakeholders to better understand the community’s values and customary laws. →For other stakeholders

What can they contain? Community protocols can address any number of community issues. While many of the protocols on this site aim to regulate the actions researchers, they can also set a number of concerns important to communities, such as how they intend to: –Conserve biodiversity; –Sustainably use plants and animal genetic resources; –Manage and benefit from local biodiversity; –Use, protect and benefit from traditional knowledge; –Provide free, prior and informed consent to access lands, natural resources or traditional knowledge for any number of reasons including commercial and non-commercial research and by the media; –Ensure environmental and other laws are implemented according to customary laws;

Community protocols within the context of the Article 8 (j) of the CBD In Article 8, paragraph (j), Parties have undertaken to: - respect, preserve and maintain traditional knowledge of ILCs relevant to the conservation and sustainable use of biological diversity - promote its wider application with the approval and involvement of the holders of such knowledge and -encourage the equitable sharing of the benefits C.P can contribute in the implementation of Article 8 (j)

Community protocols within the context of the Article 10 (c) of the CBD Article 10 (c) of the Convention on Biological Diversity states that Parties shall, as far as possible and as appropriate: “Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.” C.P can contribute in the implementation of Article 10 (c)

Community protocols within the context of the Article 10 (c) of the CBD Decision XII/12, section B, Annex “Plan of Action on Customary Sustainable Use of Biological Diversity” para 9 “…Customary sustainable use of biological diversity and traditional knowledge can contribute to the effective conservation of important biodiversity sites, either through shared governance or joint management of official protected areas or through indigenous and community conserved territories and areas. Community protocols and other community procedures can be used by indigenous and local communities to articulate their values, procedures and priorities and engage in dialogue and collaboration with external actors (such as government agencies and conservation organizations) towards shared aims, for example, appropriate ways to respect, recognize and support customary sustainable use of biological diversity and traditional cultural practices in protected areas.” C.P. can contribute in the implementation of Article 10 (c)

Community protocols within the context of the Nagoya Protocol: Compliance Access to TKA PIC and MAT from ILCs Benefit-sharing C.P. How does ABS work?

Community protocols within the context of the Nagoya Protocol: The Nagoya Protocol recognizes the value of community protocols of ILCs in the ABS process. “In implementing their obligations under this Protocol, Parties shall in accordance with domestic law take into consideration indigenous and local communities customary laws, community protocols and procedures, as applicable, with respect to traditional knowledge associated with genetic resources.” (Article 12 (1)) “Parties shall endeavour to support, as appropriate, the development by ILCs, including women within these communities, of : –(a) Community protocols in relation to access to traditional knowledge associate with genetic resources and the fair and equitable sharing of benefits arising out of utilization of such knowledge…” (Article 12 (3))

Community protocols within the context of the GEF: Decision XI/5, Appendix I “Guidance… Nagoya Protocol”, para 1 (d), (ii) and (iii) Invites the Global Environment Facility (GEF) to support the following activities during its sixth replenishment period ( ), inter alia: (d)Addressing the capacity needs and priorities of indigenous and local communities and relevant stakeholders; in particular, projects that would: (ii)Assist in building their capacity related to genetic resources and traditional knowledge associated with genetic resources, such as through the development of community protocols, model contractual clauses and minimum requirements for mutually agreed terms to secure the fair and equitable sharing of benefits; and (iii)Support a series of regional and subregional capacity- building workshops;

Thank you Secretariat of the Convention on Biological Diversity World Trade Centre 413 St. Jacques street, Suite 800 Montreal, Quebec, Canada H2Y 1N9 Tel. 1 (514)