Traditional Knowledge & Customary Sustainable Use of Biodiversity

The document explains how international law, primarily through the Convention on Biological Diversity (CBD), protects traditional knowledge and customary sustainable use of biodiversity. It details the obligations of CBD Parties under Articles 8(j) and 10(c), outlines voluntary instruments like the Akwé: Kon Guidelines and the Tkarihwaié:ri Code of Ethical Conduct, and discusses other frameworks such as UNDRIP and ILO 169. The guide highlights opportunities for communities to advocate for broader rights and challenges such as the restrictive 'compatibility' requirements for legal protection.

• The Convention on Biological Diversity (CBD) establishes binding obligations for its Parties to respect, preserve, and maintain the traditional knowledge, innovations, and practices of Indigenous and local communities, provided these are relevant to the conservation and sustainable use of biological diversity.
• Under Article 10(c) of the CBD, Parties are legally required to protect and encourage the customary use of biological resources, provided such practices are compatible with conservation or sustainable use requirements.
• The CBD has adopted several voluntary instruments to guide the implementation of traditional knowledge rights, including the Akwé: Kon Guidelines (2004) for impact assessments on sacred sites and lands, and the Tkarihwaié:ri Code of Ethical Conduct (2010) for researchers working with communities.
• Beyond the CBD, other international frameworks provide support, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which recognizes the right to maintain and protect cultural heritage and intellectual property, and the FAO's International Treaty on Plant Genetic Resources for Food and Agriculture, which focuses on Farmers' Rights.
• A significant challenge in the international framework is that legal protections under CBD Articles 8(j) and 10(c) only apply to communities whose lifestyles are deemed 'relevant' or 'compatible' with conservation, potentially excluding those displaced or pressured by external forces.
• The document identifies a lack of clarity regarding intellectual property rights within the CBD, noting that Parties often defer to the protracted negotiations of the World Intellectual Property Organization (WIPO) Intergovernmental Committee rather than addressing these issues within the Convention.

APA

Natural Justice (n.d.). Traditional Knowledge & Customary Sustainable Use of Biodiversity. https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf

Chicago

Natural Justice. Traditional Knowledge & Customary Sustainable Use of Biodiversity. n.d. https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=Traditional Knowledge & Customary Sustainable Use of Biodiversity |url=https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendtraditional, author = {{Natural Justice}}, title = {{Traditional Knowledge \& Customary Sustainable Use of Biodiversity}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Traditional-Knowledge.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }