The Brazilian Experience with Community Protocols and the Building of Prior Informed Consent to Protect Traditional Knowledge

Abstract

Prior informed consent is a growing concern today for indigenous peoples and traditional communities in Brazil. The land they occupy, which is about 25% of the national territory, is among the best conserved in the country and there are approximately 4, 5 million people that depend on this land for their livelihood. These communities have very diverse social and historical backgrounds and their traditional knowledge of biodiversity is of significant value for the economic purposes of several technology based sectors. Within this context, community protocols became of special interest as they support the delineation of customary law to regulate interaction between communities and external stakeholders. One experience of a community protocol which is emblematic for its innovation and scope is being developed in the Bailique Archipelago community, at the mouth of the Amazon river, and is becoming a model to be adopted by communities in other regions of the country.

Keywords: Community protocolos, traditional communities, Nagoya Protocol, Free prior informed consent