Retired sections: paragraphs 6 and 8-9.
Article 8(j) and related provisions
The Conference of the Parties,
Recalling its decision IV/9,
Recognizing the need to respect, preserve and maintain knowledge,
innovations and practices of indigenous and local communities embodying
traditional lifestyles relevant for the conservation and sustainable use of
biological diversity and promote their wider application,
Noting the need for a long-term approach to the programme of work on
implementation of Article 8(j) and related provisions of the Convention on
Biological Diversity, within a vision to be elaborated progressively, in line
with the overall objectives set out in Article 8(j) and related provisions,
Emphasizing the fundamental importance of ensuring the full and
effective participation of indigenous and local communities in the
implementation of Article 8(j) and related provisions,
Noting the importance of integrating with the full and effective
participation of indigenous and local communities the work on Article 8(j)
and related provisions into national, regional and international strategies,
polices and action plans,
Recognizing the vital role that women play in the conservation and
sustainable use of biodiversity, and emphasizing that greater attention
should be given to strengthening this role and the participation of women of
indigenous and local communities in the programme of work,
Further noting the linguistic and cultural diversity among indigenous
and local communities as well as differences in their capacities,
Noting existing declarations by indigenous and local communities to the
extent they relate to the conservation and sustainable use of biodiversity,
including, inter alia, the Kari Oca Declaration, the Mataatua Declaration,
the Santa Cruz Declaration, the Leticia Declaration and Plan of Action, the
Treaty for Life Forms Patent Free Pacific, the Ukupseni Kuna Yala
Declaration, the Heart of the Peoples Declaration on Biodiversity and
Biological Ethics, the Jovel Declaration on Indigenous Communities,
Indigenous Knowledge and Biodiversity, the Chiapas Declaration, other
relevant declarations and statements of Indigenous Forums, as well as
Convention 169 of the International Labour Organization, Agenda 21 and other
relevant international conventions,
Recognizing the role that the International Indigenous Forum on
Biodiversity has played since the third meeting of the Conference of the
Parties in addressing the Conference of the Parties on the implementation of
Article 8(j) and related provisions,
Reaffirming the importance of making Article 8(j) and related
provisions of the Convention and provisions of international agreements
related to intellectual property rights mutually supportive,
Further noting that there are existing international agreements,
intellectual property rights, current laws and policies that may have
influence on the implementation of Article 8(j) and its related provisions,
Noting also that the methods of implementation of Article 8(j) and
related provisions differ among regions and countries in approach and
capacity,
1. Endorses the programme of work as contained in the annex to the
present decision, which shall be subject to periodic review during its
implementation;
2 Decides to implement the programme of work giving priority to
tasks 1, 2, 4, 5, 8, 9 and 11, as well as 7 and 12, which shall be initiated
following completion of tasks 5, 9 and 11;
3. Urges Parties and Governments in collaboration with relevant
organizations, subject to their national legislation, to promote and
implement this programme of work, and to integrate the tasks identified into
their ongoing programmes as appropriate to national circumstances, taking
into account the identified collaboration opportunities;
4. Requests Parties, Governments and relevant organizations to take
full account of existing instruments, guidelines, codes and other relevant
activities in the implementation of the programme of work;
5. Encourages the participation of indigenous and local communities
in the work of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing
on the development of guidelines and other approaches to ensure the
respect, preservation and maintenance of knowledge, innovations and practices
of indigenous and local communities embodying traditional lifestyles relevant
for the conservation and sustainable use of biological diversity;
6. Takes into account the importance of the proposals for action on
traditional forest-related knowledge of the Intergovernmental Panel on
Forests/Intergovernmental Forum on Forests as an important part of this
programme of work;
7. Requests Parties, Governments, and international, regional and
national organizations to provide appropriate financial support for the
implementation of the programme of work;
8. Requests the Executive Secretary to facilitate the integration of
the relevant tasks of the programme of work in the future elaboration of the
thematic programmes of the Convention on Biological Diversity and provide a
report on the progress of the thematic programmes to the Ad Hoc Open-ended
Inter-Sessional Working Group on Article 8(j) and Related Provisions of the
Convention on Biological Diversity;
9. Decides to extend the mandate of the Ad Hoc Open-ended Inter-Sessional
Working Group on Article 8(j) and Related Provisions of the
Convention on Biological Diversity to review progress in the implementation
of the priority tasks of its programme of work according to reports provided
by the Executive Secretary, and the Parties to the meeting of the Working
Group and recommend further action on the basis of this review. The Working
Group should further explore ways for increased participation by indigenous
and local communities in the thematic programmes of work of the Convention on
Biological Diversity. The Working Group should report to the Conference of
the Parties at its sixth meeting;
10. Requests Parties, Governments, subsidiary bodies of the
Convention, the Executive Secretary and relevant organizations, including
indigenous and local communities, when implementing the programme of work
contained in the annex to the present decision and other relevant activities
under the Convention, to fully incorporate women and womens organizations in
the activities;
11. Invites Parties and Governments to support the participation of
the International Indigenous Forum on Biodiversity, as well as relevant
organizations representing indigenous and local communities, in advising the
Conference of the Parties on the implementation of Article 8(j) and related
provisions;
12. Urges Parties and Governments and, as appropriate, international
organizations, and organizations representing indigenous and local
communities, to facilitate the full and effective participation of indigenous
and local communities in the implementation of the Convention and, to this
end:
(a) Provide opportunities for indigenous and local communities to
identify their capacity needs, with the assistance of Governments and others,
if they so require;
(b) Include, in proposals and plans for projects carried out in
indigenous and local communities, funding requirements to build the
communications capacity of indigenous and local communities to facilitate
dissemination and exchange of information on issues related to traditional
knowledge, innovations and practices;
(c) Provide for sufficient capacity in national institutions to
respond to the needs of indigenous and local communities related to
Article 8(j) and related provisions;
(d) Strengthen and build capacity for communication among indigenous
and local communities, and between indigenous and local communities and
Governments, at local, national, regional and international levels, including
with the Secretariat of the Convention on Biological Diversity, with direct
participation and responsibility of indigenous and local communities through
their appropriate focal points;
(e) Use other means of communication in addition to the Internet,
such as newspapers, bulletins, and radio, and increasing the use of local
languages;
(f) Provide case-studies on methods and approaches that contribute to
the preservation of traditional knowledge, innovations and practices,
including through their recording where appropriate, and that support control
and decision-making by indigenous and local communities over the sharing of
such knowledge, innovation and practices;
13. Emphasizes once again the need for case-studies developed in
conjunction with indigenous and local communities requested in
paragraphs 10 (b) and 15 of its decision IV/9, to enable a meaningful
assessment of the effectiveness of existing legal and other appropriate forms
of protection for the knowledge, innovations and practices of indigenous and
local communities;
14. Recognizes the potential importance of sui generis and other
appropriate systems for the protection of traditional knowledge of indigenous
and local communities and the equitable sharing of benefits arising from its
use to meet the provisions of the Convention on Biological Diversity, taking
into account the ongoing work on Article 8(j) and related provisions, and
transmits its findings to the World Trade Organization and the World
Intellectual Property Organization, as suggested in paragraph 6 (b) of
recommendation 3 of the Inter-Sessional Meeting on the Operations of the
Convention (UNEP/CBD/COP/5/4, annex);
15. Invites Parties and Governments to exchange information and share
experiences regarding national legislation and other measures for the
protection of the knowledge, innovations and practices of indigenous and
local communities;
16. Recognizes that the maintenance of knowledge, innovations, and
practices of indigenous and local communities is dependent on the maintenance
of cultural identities and the material base that sustains them and invites
Parties and Governments to take measures to promote the conservation and
maintenance of such identities;
17. Requests Parties to support the development of registers of
traditional knowledge, innovations and practices of indigenous and local
communities embodying traditional lifestyles relevant for the conservation
and sustainable use of biological diversity through participatory programmes
and consultations with indigenous and local communities, taking into account
strengthening legislation, customary practices and traditional systems of
resource management, such as the protection of traditional knowledge against
unauthorized use;
18. Invites Parties and Governments to increase the participation of
representatives of indigenous and local community organizations in official
delegations to meetings held under the Convention on Biological Diversity;
19. Emphasizes the need for arrangements controlled and determined by
indigenous and local communities, to facilitate cooperation and information
exchange among indigenous and local communities, for the purposes of, inter
alia, helping to ensure that such communities are in a position to make
informed decisions on whether or not to consent to the release of their
knowledge, and, in this respect:
(a) Requests the Executive Secretary, to fully utilize the clearing-house
mechanism, to cooperate closely with indigenous and local communities
to explore ways in which such needs may best be addressed;
(b) Invites Parties to consider ways and means of providing the
necessary resources to enable the Secretariat to undertake the above-mentioned
tasks;
20. Further requests Parties and international financial institutions
to explore ways of providing the necessary funding for these activities
PROGRAMME OF WORK ON THE IMPLEMENTATION OF ARTICLE 8(j) AND RELATED
PROVISIONS OF THE CONVENTION ON BIOLOGICAL DIVERISTY
Objectives
The objective of this programme of work is to promote within the
framework of the Convention a just implementation of Article 8(j) and related
provisions, at local, national, regional and international levels and to
ensure the full and effective participation of indigenous and local
communities at all stages and levels of its implementation.
I. GENERAL PRINCIPLES
1. Full and effective participation of indigenous and local communities in
all stages of the identification and implementation of the elements of the
programme of work. Full and effective participation of women of indigenous
and local communities in all activities of the programme of work.
2. Traditional knowledge should be valued, given the same respect and
considered as useful and necessary as other forms of knowledge.
3. A holistic approach consistent with the spiritual and cultural values
and customary practices of the indigenous and local communities and their
rights to have control over their traditional knowledge, innovations and
practices.
4. The ecosystem approach is a strategy for the integrated management of
land, water and living resources that promotes conservation and sustainable
use of biological diversity in an equitable way.
5. Access to traditional knowledge, innovations and practices of
indigenous and local communities should be subject to prior informed consent
or prior informed approval from the holders of such knowledge, innovations
and practices.
II. TASKS OF THE FIRST PHASE OF THE PROGRAMME OF WORK
Element 1. Participatory mechanisms for indigenous and local communities
Task 1. Parties to take measures to enhance and strengthen the
capacity of indigenous and local communities to be effectively involved in
decision-making related to the use of their traditional knowledge,
innovations and practices relevant to the conservation and sustainable use of
biological diversity subject to their prior informed approval and effective
involvement.
Task 2. Parties to develop appropriate mechanisms, guidelines,
legislation or other initiatives to foster and promote the effective
participation of indigenous and local communities in decision-making, policy
planning and development and implementation of the conservation and
sustainable use of biological diversity at international, regional,
subregional, national and local levels, including access and benefit-sharing
and the designation and management of protected areas, taking into account
the ecosystem approach
Task 4. Parties to develop, as appropriate, mechanisms for promoting
the full and effective participation of indigenous and local communities with
specific provisions for the full, active and effective participation of women
in all elements of the programme of work, taking into account the need to:
(a) Build on the basis of their knowledge,
(b) Strengthen their access to biological diversity;
(c) Strengthen their capacity on matters pertaining to the
conservation, maintenance and protection of biological diversity;
(d) Promote the exchange of experiences and knowledge;
(e) Promote culturally appropriate and gender specific ways in which
to document and preserve womens knowledge of biological diversity
Element 2. Status and trends in relation to Article 8(j) and related
provisions
Task 5. The Executive Secretary to prepare, for the next meeting of
the Ad Hoc Working Group, an outline of a composite report on the status and
trends regarding the knowledge, innovations and practices of indigenous and
local communities, a plan and a timetable for its preparation, based, inter
alia, on advice submitted by Parties, Governments, indigenous and local
communities and other relevant organizations regarding sources and
availability of information on these matters. Parties, Governments and
indigenous and local communities and other relevant organizations to submit
the information and advice to address the requirements of this task and to
Parties include in their national reports the current state of implementation
of Article 8(j).
Element 4. Equitable sharing of benefits
Task 7. Based on tasks 1, 2 and 4, the Working Group to develop
guidelines for the development of mechanisms, legislation or other
appropriate initiatives to ensure: (i) that indigenous and local communities
obtain a fair and equitable share of benefits arising from the use and
application of their knowledge, innovations and practices; (ii) that private
and public institutions interested in using such knowledge, practices and
innovations obtain the prior informed approval of the indigenous and local
communities; (iii) advancement of the identification of the obligations of
countries of origin, as well as Parties and Governments where such knowledge,
innovations and practices and the associated genetic resources are used.
Element 5. Exchange and dissemination of information
Task 8. Identification of a focal point within the clearing-house
mechanism to liaise with indigenous and local communities.
Element 6. Monitoring elements
Task 9. The Working Group to develop, in cooperation with indigenous
and local communities, guidelines or recommendations for the conduct of
cultural, environmental and social impact assessments regarding any
development proposed to take place on sacred sites and on lands or waters
occupied or used by indigenous and local communities. The guidelines and
recommendations should ensure the participation of indigenous and local
communities in the assessment and review.
Element 7. Legal elements
Task 11. The Working Group to assess existing subnational, as
appropriate, national and international instruments, particularly
intellectual property rights instruments, that may have implications on the
protection of the knowledge, innovations and practices of indigenous and
local communities with a view to identifying synergies between these
instruments and the objectives of Article 8(j).
Task 12. The Working Group to develop guidelines that will assist
Parties and Governments in the development of legislation or other
mechanisms, as appropriate, to implement Article 8(j) and its related
provisions (which could include sui generis systems), and definitions of
relevant key terms and concepts in Article 8(j) and related provisions at
international, regional and national levels, that recognize, safeguard and
fully guarantee the rights of indigenous and local communities over their
traditional knowledge, innovations and practices, within the context of the
Convention.
III. TASKS OF THE SECOND PHASE OF THE PROGRAMME OF WORK
Element 1. Participatory mechanisms for indigenous and local communities
Task 3. On the request of the Executive Secretary, Parties and
Governments, with the full participation of indigenous and local communities,
would establish a roster of experts based on the methodologies used by the
Conference of Parties, to allow the experts to support the implementation of
this programme of work.
Element 3. Traditional cultural practices for conservation
and sustainable use
Task 6. The Ad Hoc Working Group to develop guidelines for the
respect, preservation and maintenance of traditional knowledge, innovations
and practices and their wider application in accordance with Article 8(j).
Task 13. The Ad Hoc Working Group to develop a set of guiding
principles and standards to strengthen the use of traditional knowledge and
other forms of knowledge for the conservation and sustainable use of
biological diversity, taking into account the role that traditional knowledge
can play with respect to the ecosystem approach, in situ conservation,
taxonomy, biodiversity monitoring and environmental impact assessments in all
biodiversity sectors.
Task 14. The Ad Hoc Working Group to develop guidelines and proposals
for the establishment of national incentive schemes for indigenous and local
communities to preserve and maintain their traditional knowledge, innovations
and practices and for the application of such knowledge, innovations and
practices in national strategies and programmes for the conservation and
sustainable use of biological diversity
Task 15. The Ad Hoc Working Group to develop guidelines that would
facilitate repatriation of information, including cultural property, in
accordance with Article 17, paragraph 2, of the Convention on Biological
Diversity in order to facilitate the recovery of traditional knowledge of
biological diversity.
Element 5. Exchange and dissemination of information
Task 16. The Executive Secretary to identify, compile and analyse,
with the participation of indigenous and local communities, existing and
customary codes of ethical conduct to guide the development of models for
codes of ethical conduct for research, access to, use, exchange and
management of information concerning traditional knowledge, innovations and
practices for the conservation and sustainable use of biological diversity.
Element 6. Monitoring elements
Task 10. The Ad Hoc Working Group to develop standards and guidelines
for the reporting and prevention of unlawful appropriation of traditional
knowledge and related genetic resources.
Task 17. The Executive Secretary to develop, in cooperation with
Governments and indigenous and local communities, methods and criteria to
assist in assessing the implementation of Article 8(j) and related provisions
at the international, regional, national and local levels, and reporting of
such in national reports in conformity with Article 26.
IV. WAYS AND MEANS
In developing and implementing the programme of work, the Executive
Secretary shall solicit information from Parties, Governments, indigenous and
local communities and other relevant organizations, and consult with the
liaison group on Article 8(j) and related provisions.
The Executive Secretary to develop, in consultation with indigenous and
local communities, Parties, Governments, and relevant international
organizations, a questionnaire, as a basis for the provision of information
concerning: (i) existing instruments and activities relevant to the tasks of
the programme of work; (ii) gaps and needs concerning the guidelines referred
to in task 6 above; and (iii) priorities for the further development of the
programme of work.
The Executive Secretary to consult with and invite relevant
international organizations to contribute to the implementation of this
programme of work, also with a view to avoiding duplication and to
encouraging synergies.
This programme of work shall, as relevant, take into account the work
of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing, and, as
far as possible, be carried out in collaboration with other relevant
organizations, including the World Intellectual Property Organization (WIPO).
Parties, Governments, and international, regional and national
organizations to provide appropriate financial support for the implementation
of the programme of work
