Community Protocols and Biocultural Rights
Résumé
This chapter introduces the collection of contributions to the book by first exploring the “biological diversity/cultural diversity” nexus against the backdrop of biocultural community protocols (BCPs) and biocultural rights. It goes back to the genesis of cultural protocols (CPs) and moves on to BCPs and examines how BCPs are used as legal tools. It highlights the high profile that was progressively gained by “traditional” communities at the end of the last century, and situates this progression within an institutional and political context which was markedly concerned with North-South imbalances in terms of access to genetic resources. This background points to the shifting ground in conservation which saw a dramatic reappraisal of the role of Indigenous peoples and local communities (IPLCs) and peasants/farmers in the management of biodiversity. This series of shifts, to which biocultural approaches gave decisive impetus, went so far as to open fresh, sweeping debates on self-determination and sovereignty over resources for IPLCs. The chapter then investigates the popularisation of BCPs within the Access and Benefit-Sharing (ABS) context, linking it to the rise of biocultural jurisprudence as well as to the contentious concept of “stewardship” in conservation. The chapter then moves on to introduce the scope of the book and briefly outlines the content of each contribution under three headings: (1) Conceptual Insights: Biocultural Diversity, Biocultural Rights, and Space Making; (2) Biocultural Community Protocols, Access and Benefit-Sharing, and Beyond; and (3) Biocultural Jurisprudence, Sovereignty, and Legal Subjectivity. Caveat: while this book is not devoid of Indigenous voices, it does not claim to speak on behalf of Indigenous peoples, local communities, or peasants.