Ms Shehana Gomez

(she/her)

Research

Thesis

Bioculturalism and the Use of Biocultural Community Protocols by Indigenous and Local Communities

I explore the concept of bioculturalism, 'the inextricable link between nature and culture', which is the frame for the whole thesis. This close relationship between nature and culture can be seen in the lifestyles of Indigenous and other traditional communities who live close to the land. Research shows that these lifestyles are often inherently protective of the environment and have a strong conservation ethic. They are often based on relationships that these communities have with their territories based on cultural and spiritual values. This has been recognised in international human rights law, and international environmental law, including the Convention on Biological Diversity (CBD), as well as other aspects of international conservation policy. I examine the bioculturalism in relation to the CBD and its Nagoya Protocol.

Bioculturalism is also expressed in the theory of biocultural rights developed by Sanjay Kabir Bavikatte, which I also examine. These are rights awarded to Indigenous and local communities (ILCs) to secure their autonomy over  their territories, in return for fulfilling a duty of stewardship. These are rights already established in human rights law, and they are seen as a holistic and interconnected 'bundle' of rights.

My thesis then focuses on biocultural community protocols or BCPs. These are used by ILCs to set out their identity including of their history, spiritual beliefs and values, social organisation, traditional authorities, customary laws and decision-making procedures. They can also explain their relationship to their ancestral lands and natural resources, including their traditional knowledge. BCPs are a documentary source of this information, for the benefit of the communities themselves and external actors who interact with them. The actors could be government authorities, scientific and other researchers or private companies seeking access to the community's land and natural resources. A BCP sets out its rules of engagement: procedures for obtaining the community's consent, and their expectations in return. 

My main original contribution is in the case studies of the BCPs of two Indigenous Kenyan communities . I examine the background to the BCPs, reasons for adopting them and the development processes which involve assistance from an external NGO and donor agencies. I also examine the texts of each BCP using a biocutlural rights framework.

Funding sources

Arts and Humanities Research Council, South West and Wales DTP2.