25 - 29 January 2016 - Nairobi, Kenya

1. 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 25 - 29 January 2016 - Nairobi, Kenya

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

3. 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. http://www.unep.org/delc/Portals/119/publications/Community_Protocols_Guide_Policymakers.pdf

4. 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.

5. What they are important? • For IPLCs 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.

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

7. 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;

8. 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 maintaintraditional 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)

9. 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 encouragecustomary use of biological resourcesin accordance with traditional cultural practicesthat are compatible with conservation or sustainable use requirements.” C.P can contribute in the implementation of Article 10 (c)

10. Community protocols within the context of the Article 10 (c) of the CBD C.P. can contribute in the implementation of Article 10 (c)

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

12. 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))

13. Community protocols within the context of the GEF:

14. 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) 288 2220 secretariat@cbd.int www.cbd.int