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Part two: Protection of Community Rights

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PART TWO

PROTECTION OF COMMUNITY RIGHTS

6. Principle

Local communities shall have the following rights over their genetic

resources and community knowledge.

1/ the right to regulate the access to their community knowledge;

2/ an inalienable right to use their genetic resources and community knowledge;

3/ the right to share from the benefit arising out of the utilization of their genetic resources and community knowledge;

7. Art. 7. Right to regulate access

1/ The right of local communities to regulate access to their community knowledge shall include the following:

a) the right to give prior informed consent for access to their community knowledge;

b) when exercising the right to give prior informed consent, the right to refuse consent when they believe that the intended access will be detrimental to the integrity of their cultural or natural heritages;

c) the right to withdrew or place restriction on the prior informed consent they have given for access to their community knowledge where they find out that such consent is likely to be detrimental to their socio-economic life or their natural or cultural heritages;

d/ the right to demand the restriction or withdrawal of the prior informed consent given by the Institute for access to their genetic resources where they found our that is likely to be detrimental to their socio-economic life or their natural or cultural heritages;

2/ The conditions and the procedure in accordance to which local communities shall give prior informed consent for access to their community knowledge shall be specified by a regulation:

8. Use Right

1/ Local communities shall have an inalienable right to use or exchange among themselves their genetic resources or community knowledge in the course of sustaining their livelihood systems in accordance with their customary practices or norms.

2/ No legal restriction shall be placed on the traditional system of local communities on the use and exchange of genetic resources and community knowledge.

9. Art. 9 Right to share benefit

1/ Local communities shall have the right to share from the benefit arising out of the utilization of their community knowledge;

2/ Local communities shall have right to obtain 50% of the benefit sharing by the state in the form of money from the benefits derived out of the utilization of their genetic resources in accordance with Article 18 (1) of this proclamation;

3/ The money obtained pursuant to Sub-Article (1) and (2) of this Article shall be put to the common advantage of the concerned local communities;

4/ The procedure in accordance to which such money shall be used for the common advantage of local communities shall be specified by regulation to be issued under this proclamation.

10. Protection of Community Rights

1/ The rights of local communities over their genetic resources and community knowledge shall be protected as they are enshrined in the customary practices and norms of the concerned communities.

2/ an item of community knowledge shall be identified, interpreted and ascertained in accordance with the customary practices and normal of the concerned local community.

3/ The non-registration of any community knowledge shall not render it unprotected by community rights.

4/ The publication or oral description of a given genetic resource or community knowledge, or the presence of the genetic resources in gene bank or any other conservation center or that it is in use shall not affect its protection as community rights.

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