Documenting traditional values – a vehicle for Access and Benefit Sharing for communities

Documenting Indigenous peoples and communities’ Traditional knowledge, heritage and cultural practices using tools such as Biocultural Community Protocols (BCPs), have proven to be valuable. For many years the creation of BCPs by communities have served as instruments that reflect the pride of communal cultural practices, capturing the fascinating wonder of sacred history, stories and Traditional knowledge as passed down through generations. However, in more recent years, patterns and trends have emerged indicating that this sacred knowledge and practices are more frequently sidelined for more extractive, market-driven approach to biological (genetic) resources.

In other words, multistakeholders often ignore traditional knowledge and practices when it comes to biological or genetic resources. Instead, they tend to focus more on ways that quickly make money or benefit the market.

These were among sentiments that emerged during a reflective workshop titled “Biocultural Community Protocols and Alternative Approaches for more equitable participation of Indigenous Peoples and local communities in Access and Benefit-sharing implementation,” on May 26, 2025, in Cape Town, South Africa. The workshop which was hosted by Natural Justice (Southern Africa Hub) highlighted the effectiveness of BCPs and critical gaps in the current Access and Benefit-sharing (ABS)frameworks.

The workshop brought together a diverse range of stakeholders, including community representatives, government officials from the Department of Forestry, Fisheries and the Environment and the Department of Science and Innovation, civil society organizations and academia. The workshop highlighted the crucial role of BCPs in empowering Indigenous communities to participate in controlling and benefiting from their traditional knowledge and biological resources. This aligns with international legal instruments such as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (‘Nagoya Protocol’), which emphasises the importance of equitable sharing.

Using their BCPs, communities are able to articulate their values, governance structures, customary laws and decision-making processes, particularly for ABS purposes.

However, the workshop also underscored the significant gap between the theoretical framework of BCPs and their practical application. The workshop emphasised the fundamental reality, that the current implementations of ABS often falls short of its stated aims.

Traditional and local knowledge take a backseat

Article 12 of the Nagoya Protocol places Indigenous peoples and communities at the first guardians of biological resources because of the important traditional knowledge held by these communities that is associated with these resources. However, the workshop highlighted that indigenous and local knowledge, the very cornerstone of BCPs, is frequently sidelined in favour of a more extractive, market-driven approach to biological resources.

The workshop participants lamented the continuous lack of meaningful consultation and the insufficient recognition of traditional ecological knowledge systems. This is contrary to Article 7 of the Nagoya Protocol which requires respect for communities’ right to prior informed consent and to share in benefits arising from the use of resources and associated traditional knowledge located on their territory or resources that they have historically stewarded.

BCPs can and should be used more effectively

The workshop highlighted that there is a need for more intellectual conversations around the role of BCPs and how they positively advance Article 7 of the Nagoya Protocol. BCPs have been developed as a relevant tool for external entities, such as government or private companies, on how to engage with communities appropriately, respectfully and lawfully, in accordance with community norms; when genetic resources and associated traditional knowledge are used. BCPs sometimes include information on how to approach communities to request their prior informed consent, their expectations regarding benefit-sharing agreements, their development vision, and the recognition of their rights under customary, national, and international law.

Therefore, the workshop participants highlighted that there is a strong need for a more nuanced understanding of BCPs and their role in ABS implementation. It cannot be said that BCPs are a crucial framework for the participation of indigenous and local communities in ABS implementation. It must also be emphasised that BCPs are not simply legal documents or agreements but rather represent the deeply rooted cultural practices and values that underpin the relationship between communities and the environment.

“… there is a strong need for a more nuanced understanding of the BCPs and their role in ABS implementation.” – workshop participant

Recommendations arising from the workshop

Overall, the workshop highlighted key relevant factors that need to be considered in future ABS implementation and BCP developments. First, the critical role of capacity building. Community representatives expressed a lack of resources and training to effectively participate in ABS negotiations. This lack of capacity hinders their ability to advocate for their rights and negotiate fair and equitable agreements. The workshop identified a crucial gap in providing training and resources to empower these communities, enabling them to navigate the complex legal and bureaucratic processes inherent in ABS implementation and BCP development. Second, the importance of governmental commitment and support. Government officials acknowledged the shortcomings in the current ABS implementation framework and the struggle to articulate clear pathways for reform. The workshop highlighted the necessity for a strong and supportive governmental role in truly empowering Indigenous and local communities.

In conclusion, the workshop served as a stark reminder of the critical need for a more thorough examination of existing BCP development and ABS implementation challenges. The call for more equitable participation demands a fundamental shift in approach. BCPs are the best way towards equitable ABS implementation and must be recognised not as mere ‘add-ons’, but as the very foundation upon which fair and sustainable access to biological resources can be built. The workshop served as a crucial first step in this crucial journey.

Wandile Brian Zondo is a Researcher at the Natural Justice, Southern Africa Hub.