ABSTRACT
This provision not only calls on the state to ensure that local and indigenous knowledge, practices and rights are protected, but also that the communities approve the use of their knowledge and resources. This is enhanced by Article 10 (c), which calls on the state to ‘protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements’. It can thus be inferred that access to genetic resources owned by local or indigenous communities, or located within their customary land and water territories, is subject to customary law (laws of traditional communities) where such law is established. To ensure that customary law and practices are enforced and respected, it is important that the communities’ prior informed consent is obtained before accessing and collecting genetic resources within their customary sphere of authority and control.
