Community Consent Protocol

Step 1: Identification and Initial Contact

Identify the right community:

• Determine which specific community or communities hold custodianship over the cultural heritage you wish to use
• Recognise that different motifs, techniques, or traditions may belong to different communities, clans, or villages
• Be aware that some heritage may be shared across communities, requiring multiple consultations

Make respectful initial contact:

• Approach through appropriate channels — this may include traditional leaders, village councils, women's groups, or designated representatives
• NECIK can facilitate introductions and advise on appropriate protocols
• Be transparent about who you are and why you are making contact
• Do not begin with assumptions about what communities will agree to

Step 2: Information Disclosure

Provide communities with comprehensive information including:

• Nature and purpose: What you want to do and why
• Scope: Which specific cultural elements you wish to use
• Duration: How long you intend to use them
• Context: Where and how they will be used (products, marketing, exhibitions, publications)
• Benefits: What benefits will flow to the community (monetary and non-monetary)
• Risks: Potential negative impacts or risks
• Alternatives: Other options or approaches considered
• Your organisation: Background on who you are and your track record

Information must be:

• In a language the community understands (local language where necessary)
• In accessible formats (oral presentations, visual materials, not just written documents)
• Complete and honest — do not withhold relevant information
• Provided in advance, allowing adequate time for review

Step 3: Community Deliberation

Allow communities adequate time and space to deliberate:

• Respect the community's own decision-making processes and timelines
• This may involve village meetings, consultations with elders, or other customary processes
• Do not impose artificial deadlines that pressure rapid decisions
• Be available to answer questions and provide clarification
• Do not attempt to influence the process through payments, gifts, or lobbying individuals

Typical timeframes: Expect the process to take weeks or months, not days. Complex proposals may require multiple rounds of consultation.

Step 4: Negotiation

If the community is interested in proceeding, negotiate terms:

• Benefit-sharing: What monetary and non-monetary benefits will the community receive?
• Attribution: How will the community be credited and acknowledged?
• Restrictions: Are there limitations on how the heritage can be used?
• Duration: Is consent time-limited or ongoing?
• Modifications: What happens if you want to change the scope later?
• Monitoring: How will the community oversee implementation?
• Termination: Under what circumstances can consent be withdrawn?

Communities may wish to seek independent advice. Support this by providing time and, if necessary, resources for legal or expert consultation.

Step 5: Documentation

Document the consent and agreed terms:

• Written agreements should be in plain language and translated as needed
• Both parties should retain copies
• Include clear terms on all negotiated points
• Specify review periods and mechanisms for addressing concerns
• Ensure the agreement is signed by authorised community representatives

The agreement should specify:

• Exactly what cultural heritage is covered
• Permitted uses and any restrictions
• Benefit-sharing arrangements with payment schedules
• Attribution requirements
• Duration and renewal terms
• Conditions for modification or termination
• Dispute resolution mechanisms

Step 6: Ongoing Relationship

Consent is not a one-time transaction but the beginning of an ongoing relationship:

• Maintain regular communication with the community
• Provide updates on how their heritage is being used
• Deliver agreed benefits on schedule
• Share samples of products, publications, or other outputs
• Conduct periodic reviews of the arrangement
• Address any concerns or complaints promptly
• Respect decisions to withdraw or modify consent

• Individual agreement: One person agreeing does not constitute community consent, even if that person is a community member or leader
• Commercial transaction: Purchasing a textile or product from an artisan does not grant rights to reproduce the designs
• Silence: Lack of objection is not consent
• Prior relationships: Having worked with a community before does not mean consent for new activities
• General permissions: Consent for one purpose does not extend to other purposes
• Rushed agreements: Consent obtained under time pressure or without adequate information is not valid
• Coerced agreement: Consent given under pressure, inducement, or fear is not valid
• Consent to one community: Consent from one community does not cover heritage that belongs to another community

Diverse Governance Structures

Northeast India has diverse community governance systems. These may include:

• Traditional village councils (e.g., Naga village councils, Khasi dorbars)
• Clan-based decision-making systems
• Women's organisations and weaver collectives
• District or regional tribal councils
• Autonomous District Councils under the Sixth Schedule

Understanding and working through the appropriate governance structure is essential for obtaining legitimate consent.

Gender Considerations

In many Northeast Indian communities, textile knowledge and weaving are primarily held and practised by women. Consent processes must:

• Ensure women's voices are heard in decision-making
• Not rely solely on male community leaders when the knowledge belongs to women
• Engage with women's groups and weaver collectives directly
• Ensure benefits reach women knowledge holders

Shared Heritage

Some cultural elements may be shared across multiple communities or have disputed origins. In these cases:

• Seek to understand the full picture of custodianship
• Consult with all relevant communities
• NECIK can advise on navigating complex custodianship situations
• Do not exploit disputes or play communities against each other