Nature in Common by Catherine Aubertin & Anne Nivart

Author:Catherine Aubertin & Anne Nivart [Aubertin Catherine]
Language: eng
Format: epub
Tags: biodiversity, governance, convention, natural resources, conservation, natural parks, environment, genetic, economy, justice environmental, ecology, local knowledge
ISBN: 9782709929462
Publisher: IRD Éditions
Published: 2022-07-21T00:00:00+00:00

The concept of “communautés d’habitants”, constraints and opportunities

Informed by its republican tradition and the indivisibility of the nation, France has opted to transpose the Nagoya Protocol into its national legislation by replacing the term “indigenous and local communities” used in the Convention on Biological Diversity with the original coinage “communauté d’habitants.” (Focus 3). This has given rise to a new common law which builds upon that initially established for Amerindian and Bushinenge communities in French Guiana, informed by a clear commitment to avoiding any form of isolation, exclusion or discrimination in the territories in question.

Texts which constitute the special legal framework for the protection of the heritage of local and indigenous communities in France

French laws:

Law No. 2016-1087 of 8 August 2016 for the reconquest of biodiversity, nature and landscapes

Framework Law No. 2017-256 of 28 February 2017 concerning genuine equality in the Overseas Territories, and containing other provisions of a social and economic nature

Law No. 2019-773 of 24 July 2019 establishing the French Biodiversity Office, modifying the responsibilities of hunting federations and reinforcing policing of environmental matters

Executive Order No. 2019-736 du 16 July 2019 designating, for the implementation in French Guiana of the procedure outlined in Articles L. 412-9 et seq. of the Environment Code, the public legal entity responsible for organising the consultation of communautés d’habitants holding traditional knowledge associated with genetic resources

Executive Order No. 2017-848 of 9 May 2017 on access to genetic resources and associated traditional knowledge, and sharing the benefits derived from their use

Order of 13 September 2017 establishing a standard benefit-sharing contract for the utilisation of genetic resources taken from within France, as described in Article R. 412-20 of the Environmental Code

European Laws:

Regulation (EU) No 511/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union

Commission Implementing Regulation (EU) 2015/1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices

Commission notice — Guidance document on the scope of application and core obligations of Regulation (EU) No 511/2014 of the European Parliament and of the Council on the compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union (2016/C 313/01)

Report from the Commission to the European Parliament and the Council Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union. COM/2019/13 final

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.