Introduction
The Mo’otz Kuxtal Voluntary Guidelines provide a framework to guide governments, organisations, and indigenous communities in ensuring “prior and informed consent” (PIC) or “free, prior, and informed consent” (FPIC) for accessing traditional knowledge. Adopted by the Convention on Biological Diversity (CBD) in 2016, the guidelines aim to ensure equitable sharing of benefits and prevent unlawful appropriation of traditional knowledge. They align with the objectives of the Nagoya Protocol and the CBD’s Article 8(j).
Purpose and approach
These voluntary guidelines are intended to develop mechanisms, legislation, and policies that ensure the approval or involvement of indigenous peoples for using their knowledge. Respect for national laws, customary practices, and community protocols is emphasised. The guidelines specifically exclude knowledge tied to genetic resources governed under the Nagoya Protocol.
General principles
Access to traditional knowledge: Access must occur with the PIC or FPIC of knowledge holders. This involves non-coercive consent obtained well in advance, with full disclosure of the purpose, scope, impacts, and benefits. Indigenous peoples retain the right to decline access.
Fair and equitable sharing of benefits: Benefit-sharing agreements should recognise the contributions of indigenous peoples to biodiversity conservation. These benefits may be monetary or non-monetary, such as support for cultural preservation or capacity building.
Preventing unlawful appropriation: Governments are urged to establish tools to prevent unauthorised use of traditional knowledge. If such tools are absent, they should prioritise creating mechanisms ensuring access complies with PIC or FPIC requirements.
Procedural considerations
Authorities and mechanisms: Processes for granting consent may involve national or community-level authorities. Critical elements include culturally appropriate communication, fair timelines, and safeguards to ensure all parties understand the terms. Customary laws and decision-making processes must be respected.
Community protocols and customary laws: Protocols can clarify community expectations for engaging with external parties. They outline cultural practices, biodiversity management plans, and methods for obtaining consent, fostering transparency and predictability.
Considerations related to access and benefit sharing
Equitable partnerships: Benefit-sharing agreements should reflect fair negotiations. Mechanisms like regional trust funds or transboundary cooperation may address complex cases involving shared knowledge across multiple jurisdictions.
Adaptability: Agreements should include mechanisms for renegotiation if the scope of use changes, such as commercialisation. Contracts should also establish grievance mechanisms to address breaches.
Reporting and preventing unlawful appropriation
Governments are encouraged to adopt incentives for compliance with the guidelines. Measures include capacity-building initiatives, codes of conduct, and model contractual clauses. Dispute resolution should leverage customary law where appropriate, supplemented by national authorities’ facilitation when needed.