Article 8(j)
and related provisions
Bearing in mind that for the purposes of this decision, protection
of traditional knowledge, innovations and practices must be interpreted in
accordance with the provisions of Article 8(j),
A. Implementation and in-depth review of the programme
of work for Article 8(j) and related provisions and integration of the relevant
tasks of the programme of work into the thematic programmes
The Conference of the Parties
1. Requests the Executive Secretary to continue to report on progress
on the implementation of Article 8(j) and related provisions based on information
submitted to the Executive Secretary, for consideration at the fifth meeting
of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions;
2. Invites Parties to submit through their national reports, if appropriate,
to the Executive Secretary, reports on progress in achieving national participation
of indigenous and local communities, and associated capacity-building, and requests the
Executive Secretary to compile these submissions and, as appropriate and with
the assistance of Parties and of indigenous and local communities, prepare
a statistical report thereon identifying, inter alia, participation
in different bodies of the Convention, participation from different countries/continents,
participation in government delegations as well as outside of government delegations,
and those funded by voluntary mechanisms;
3. Requests Parties that have not yet submitted information regarding
the implementation of the programme of work to do so in consultation with indigenous
and local communities, as appropriate, in time for the fifth meeting of the
Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions
4. Underlines that the continued implementation of the programme of
work should take note of work being carried out in other relevant international
bodies;
5. Requests the Ad Hoc Open-ended Working Group on Article 8(j) and
Related Provisions at its next meeting to address, as a priority, the timeframe
to initiate work on the remaining tasks of the programme of work ;
6. Requests the Ad Hoc Open-ended Working Group on Article 8(j) and
Related Provisions to analyse work initiated and/or advanced on related provisions,
in particular Articles 10 (c), 17, paragraph 2, and 18, paragraph 4,
of the Convention, and based on this information to provide advice on how these
related provisions may be further advanced and implemented;
7. Decides further that the fifth meeting of the Ad Hoc Open-ended
Working Group on Article 8(j) and Related Provisions be organized prior to
the ninth meeting of the Conference of the Parties in order to ensure further
advancement of the implementation of the programme of work on Article 8(j)
and related provisions;
8. Notes the progress made in the integration of the relevant tasks
of the programme of work in the thematic programmes of the Convention;
9. Requests the Executive Secretary to continue reporting on progress
achieved in the integration of relevant tasks of the programme of work on Article
8(j) into the thematic programmes, and to consider ways and means that the
Working Group can assist in the implementation of work in the thematic programmes
for the consideration of the Ad Hoc Open-ended Working Group on Article 8(j)
and Related Provisions at its fifth meeting.
B. Composite report on
status and trends regarding the knowledge innovations and practices relevant
to the conservation and sustainable use of biological diversity
I. COMPOSITE REPORT
The Conference of the Parties
1. Takes notewith appreciation of the information prepared
for the fourth meeting of the Ad Hoc Open-ended Inter-Sessional Working Group
on Article 8(j) and Related Provisions and in particular, the completion
of phase one of the composite report, which includes the report on traditional-knowledge
registers and the regional Arctic report;
2. Also notes with appreciation the progress in the work of phase
two of the composite report;
3. Further notes the discussion on the composite report held at the
fourth meeting of the Working Group on Article 8(j) and Related Provisions
and requests the Executive Secretary to further develop phase two of
the composite report taking into account comments made at the discussion;
4. Recommends to Parties and Governments to bear in mind that registers
are only one approach to the protection of traditional knowledge, innovations
and practices, and as such their establishment should be voluntary, not a prerequisite
for protection. Registers should only be established with the prior informed
consent of indigenous and local communities;
5. Requests the Executive Secretary to explore the possibility of
developing technical guidelines for recording and documenting traditional knowledge,
innovations and practices, , and to analyse the potential threats of such documentation
to the rights of holders of traditional knowledge, innovations and practices,
with the full and effective participation of indigenous and local communities;
6. Notes with concern the specific vulnerabilities of indigenous and
local communities, inter alia, of the Arctic, small island States and
high altitudes, concerning the impacts of climate change and accelerated threats,
such as pollution, drought and desertification, to traditional knowledge, innovations
and practices, and requests further research be conducted, subject to
the availability of resources, into highly vulnerable indigenous and local
communities, with a focus on causes and solutions, with the outcomes of the
research to be made available to the Working Group on Article 8(j) and Related
Provisions for attention at its fifth meeting;
7. Recalls element 19 in the annex to decision VII/16 E
(“Parties should establish measures to ensure respect for the rights of unprotected
or voluntarily isolated communities”) and requests the Executive Secretary
in consultation with Governments, international organizations, indigenous and
local communities and all interested stakeholders, to research and prepare
a report on possible measures to ensure respect for the rights of unprotected
and voluntarily isolated communities taking into account their traditional
knowledge and the development of access and benefit-sharing regimes;
8. Decides to renew the mandate of the advisory group established
by decisions VI/10, annex I, paragraph 28 (b), and VII/16 E, paragraph
4 (d), and to continue to provide advice on the further development of
phase two of the composite report and, in particular, element D, subject to
the availability of resources.
II. ELEMENTS OF A PLAN OF ACTION FOR THE RETENTION OF TRADITIONAL KNOWLEDGE,
INNOVATIONS AND PRACTICES EMBODYING TRADITIONAL LIFESTYLES RELEVANT FOR THE
CONSERVATION AND SUSTAINABLE USE OF BIOLOGICAL DIVERSITY
9. Notes with appreciation the advancement of many elements of the
plan of action for the retention of traditional knowledge, innovations and
practices embodying lifestyles relevant for the conservation and sustainable
use of biological diversity;
10. Urges Parties and Governments to take appropriate measures to
further advance the elements of the plan of action;
11. Requests the Executive Secretary to continue to report on progress
on the further development of elements of the plan of action at the fifth meeting
of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and
Related Provisions;
12. Requests the Executive Secretary to take into consideration comments
made at the fourth meeting of the Working Group on Article 8(j) and Related
Provisions, and to continue gathering and analysing information, in consultation
with Parties, Governments, indigenous and local communities, with a view to
further developing the plan of action, giving priority to sections B and D,
and to report on the advancement of this task to the Working Group at its fifth
meeting;
13. Requests the Executive Secretary to collaborate with Parties in
convening, subject to the availability of financial resources, regional and
subregional workshops to assist indigenous and local communities in capacity-building,
education and training, with particular emphasis on the participation of women
from indigenous and local communities.
C. International regime on access and benefit-sharing:
collaboration with the Ad Hoc Working Group on Access and Benefit-sharing
and participation of indigenous and local communities
The Conference of the Parties,
Recalling its decision VII/19 D,
1. Requests the collaboration and contribution of the Ad Hoc Open-ended
Inter-sessional Working Group on Article 8(j) and Related Provisions to the
fulfilment of the mandate of the Ad Hoc Open-ended Working Group on Access
and Benefit-sharing by providing views on the elaboration and negotiation of
an international regime on access and benefit-sharing relevant to traditional
knowledge, innovations and practices associated with genetic resources and
to the fair and equitable sharing of benefits arising from their utilization
and requests the Executive Secretary to compile these views and make
them available to the Ad Hoc open-ended Working Group on Access and Benefit-sharing
before its sixth meeting;
2. Invitesindigenous and local communities to submit to their
governments and to provide to the Secretariat comments, including case-studies,
on their experience with effective measures for the protection of their traditional
knowledge, innovations and practices associated with genetic resources;
3. Requests the Executive Secretary, where practicable, to make the
necessary arrangements for the Ad Hoc Open-ended Working Group on Access and
Benefit-sharing to be convened immediately following the Ad Hoc Open-ended
Inter-Sessional Working Group on the Article 8(j) and Related Provisions;
4. Invites Parties, Governments, and donor organizations to contribute
to provide the ways and means to facilitate sufficient preparation and participation
of representatives of indigenous and local communities in the Ad Hoc Open-ended
Inter-Sessional Working Group on Article 8(j) and Related Provisions and the
Ad Hoc Open-ended Working Group on Access and Benefit-sharing;
5. Requests the Executive Secretary to endeavour to make documentation
for the meetings of the Ad Hoc Open-ended Inter-Sessional Working Group on
Article 8(j) and Related Provisions and the Ad Hoc Open-ended Working Group
on Access and Benefit-sharing available three months prior to those meeting,
where possible, to facilitate consultations with representatives of indigenous
and local communities;
6. Having regard to paragraph 1 above, reaffirms paragraph
6 of decision VII/19 D, and to this end:
(a) Requests the Executive Secretary to provide administrative support
to representatives from indigenous and local communities through practical
measures, including making available meeting rooms, access to documentation,
and computer and photocopying facilities, subject to the availability of funds;
(b) Invites Parties and Governments to increase the participation
of representatives of indigenous and local communities’ organizations in official
delegations to meetings of the Ad Hoc Open-ended Working Group on Access Benefit-sharing
and the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and
Related Provisions, without prejudice to the participation of representatives
of indigenous and local communities outside official delegations.
(c) Invites Parties, Governments, donor countries and organizations to facilitate
the participation of indigenous and local communities in preparatory processes
for the meetings of the Ad Hoc Open-ended Working Group on Access Benefit-sharing
and the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and
Related Provisions.
7. Invites chairpersons to facilitate the effective participation
of representatives of indigenous and local communities and to consult them,
as appropriate, on issues related to traditional knowledge, innovations and
practices and associated genetic resources, in proceedings related to decision
VII/19 D in accordance with the rules of procedure.
D. Mechanisms to promote the effective participation
of indigenous and local communities in matters related to the objectives
of Article 8( j ) and related provisions
The Conference of the Parties adopts the following mechanism to promote
the effective participation of indigenous and local communities in meetings
held under the Convention.
I. CRITERIA FOR THE OPERATION OF THE VOLUNTARY FUNDING MECHANISM
1. Adopts the draft criteria for the operation of the voluntary funding
mechanism annexed to the present recommendation;
2. Urges Parties, Governments as well as relevant funding institutions
and mechanisms to make voluntary contributions to the trust fund;
3. Invites Parties, Governments and relevant funding institutions
and mechanisms to provide financial support to developing country Parties,
in particular the least developed and small island developing States among
them, and countries with economies in transition, where appropriate, for
capacity-building and training for representatives of indigenous and local
communities in meetings of the Convention;
II. THE ROLE OF THE THEMATIC FOCAL POINT UNDER THE CLEARING-HOUSE MECHANISM
4. Noteswith appreciation the launching of the traditional
knowledge information portal and related initiatives by the Secretariat, including
the provision of other communication tools that are easily accessible for indigenous
and local communities;
5. Takes note of the need for appropriate and effective funding being
made available for the translation of notifications and other information resources,
including the traditional knowledge information portal, for indigenous and
local communities, as appropriate, into the six official languages of the United
Nations,
6. Requests the Executive Secretary to:
(a) Convene, subject to the availability of financial resources, regional
and subregional workshops on new information and web-based technologies to
assist indigenous and local communities in their use and to facilitate the
establishment of communication networks;
(b) Monitor the use of the Convention website and in particular, the traditional
knowledge information portal, and to consult with indigenous and local communities
and their organizations, that are participating in the work of the Convention,
such as the International Indigenous Forum on Biodiversity, to identify any
gaps or shortcomings and to report to the fifth meeting of the Ad Hoc Open-ended
Inter-Sessional Working Group on Article 8(j) and Related Provisions;
(c) Launch, subject to available resources, pilot projects in developing
countries, in particular the least developed and small island developing States
among them, and countries with economies in transition, relating to enhancing
the role of the national clearing-house mechanism in providing information
to indigenous and local communities;
(d) Provide, in a timely fashion, documentation for meetings under the Convention
in the six United Nations languages to the national focal points, in order
to facilitate their use in the process of consultations with, between and within
indigenous and local communities;
7. Invites Parties, Governments and relevant funding institutions
and mechanisms to provide financial support to developing country Parties,
in particular the least developed and small island developing States among
them, and countries with economies in transition where appropriate, to support
national projects for the translation of documentation for meetings of the
Convention on Biological Diversity into local languages.
Annex
DRAFT CRITERIA FOR THE OPERATION OF THE VOLUNTARY FUNDING MECHANISM
A. Administrative context, structure and processes of the fund
The following administrative context, structure and processes are based on
precedents adapted to the context of the Convention on Biological Diversity
and are consistent with the Financial Regulations and Rules of the United Nations.
(a) Title of trust fund
The title of the trust fund is the Voluntary Trust Fund to Facilitate the
Participation of Indigenous and Local Communities in the Work of the Convention
on Biological Diversity.
(b) Fund management
The Trust Fund will be administered by United Nations Environment Programme
(UNEP), as Trustee with a 13 per cent charge for administrative costs and expenditures,
and shall operate in accordance with the Financial Regulations and Rules of
the United Nations .
(c) Title of programme manager
The Executive Secretary of the Convention on Biological Diversity is the
programme manager of the Fund.
(d) Advisory Selection Committee
In the selection of beneficiaries in accordance with the criteria
for selection provided in section B below, the Executive Secretary will consult,
though electronic means and long-distance communication, with an Advisory Selection
Committee consisting of seven representatives of indigenous and local communities
nominated by indigenous and local communities from the seven geo-cultural regions
applied under the United Nations Permanent Forum on Indigenous Issues, as well
as with the Bureau of the Conference of the Parties.
(e) Legislative mandate
The legislative mandate derives from paragraph 10 of decision VII/16 G, on
participatory mechanisms for indigenous and local communities adopted at the
seventh meeting of the Conference of the Parties.
(f) Possible donor(s)
Voluntary contributions are anticipated from various Parties and Governments,
financial institutions and foundations, intergovernmental and non-governmental
organizations and private entities.
(g) Fund-raising and sources of funding
The Executive Secretary may undertake appropriate activities and initiatives
to encourage contributions, as required.
(h) Focus/purpose of the Fund
The primary focus of the Fund is to facilitate the participation of indigenous
and local communities, in meetings under the Convention, including meetings
of the indigenous and local community advisory group/steering committee to
the programme of work of Article 8(j) and Related Provisions, (hereafter referred
to as the “Advisory Group”) established by decision VI/10, annex I, paragraph
28 and VII/16 E, paragraph 4 (d), and relevant meetings of ad hoc technical
expert groups, and in particular but not exclusively those that are related
to the objectives of Article 8(j) and Related Provisions.
(i) Relationship to other approved or proposed trust funds
In supporting participants from indigenous and local communities, in the
work of the Convention on Biological Diversity (CBD), the Fund remains the
only United Nations fund specifically for indigenous and local community participation
in meetings related to the Convention.
(j) Collaboration with other Trust Funds
The Secretariat will remain in contact with other relevant funds to ensure
complementarity, to achieve gender, age and geographic equity and to avoid
overlap or duplication regarding funding arrangements and to ascertain that
the level of expertise and qualifications of individual applicants is ensured
and by doing so that funding is effectively allocated and used.
B. Proposed recommendations for selection criteria for beneficiaries of
the fund
The following selection criteria for beneficiaries of the Fund are applied,
in accordance with the Financial Regulations and Rules of the United Nations,
to ensure an objective and transparent selection process:
(i) Main criteria
(a) Special priority is given to participants from indigenous and local communities
from developing countries and countries with economies in transition and small
island developing States but not excluding applicants from indigenous and local
communities in developed countries.
(b) Gender balance should be applied, recognizing the special role of indigenous
and local community women (in knowledge, innovations and practices) from indigenous
and local communities.
(c) Broad geographical representation and geographic, demographic and ethnic
balance should be applied according to the seven geo-cultural regions applied
under the United Nations Permanent Forum on Indigenous Issues, while recognizing
that issues under discussion at specific meetings may require the representation
of particular indigenous and local communities.
(ii) Other criteria
(a) Age balance should be applied recognizing the important role of Elders,
in the intergenerational transfer of knowledge, innovations and practices of
indigenous and local communities and the role of youth.
(b) The Secretariat will give priority, as appropriate, to applicants living
in their own community and territory and/or country (vis-à-vis applicants living
abroad).
(iii) Requirements
(a) The only beneficiaries of assistance from the Fund shall be participants
from indigenous and local communities and their organizations:
(i) Who are so considered by the Executive Secretary in consultation
with the Advisory Selection Committee and the Bureau of the Conference
of the Parties, and in accordance with established practice under the Convention,
or through official accreditation under other bodies;
(ii) Who would not, in the opinion of the Executive Secretary in consultation
with the Advisory Committee, be able to attend the meetings without such
assistance provided;
(b) Travel costs (economy air ticket and daily subsistence allowance, not
including health, accident or travel insurance – these costs should be met
by the individual and/or the organization being represented) approved
by the Secretariat are given on an individual basis. An organization or beneficiary
cannot request that a beneficiary be replaced by another one, except under
exceptional circumstances, time permitting and upon approval by the Secretariat.
Nominating bodies are strongly encouraged to ascertain the availability of
individuals before they are nominated and to nominate a number of candidates
in priority order taking into account geographic, age and gender equity;
(c) The participants nominated should be those nominated by the indigenous
or local communities and the organizations applying for financial assistance
should be indigenous or local community organizations. Indigenous and local
community individuals from non-governmental organizations may also be considered
where necessary and appropriate. The Secretariat will also consider indigenous
and local community individuals who have the authority to speak on behalf of
their communities as political representatives;
(d) The Secretariat will only consider applications, which provide a letter
of recommendation signed by an executive of their organization or by indigenous
and local community representatives. The Secretariat will not take into account
a letter of recommendations signed by the applicant herself/himself;
(e) For participants from indigenous and local communities from developing
countries, including small island developing States, as well as countries with
economies in transition, participating on the official delegations of Parties,
the Secretariat will only consider applications which provide a letter of recommendation
from the organization or community being represented and confirmation from
their government that the participant will be included on their official delegation;
(f) The Secretariat only considers a maximum of two (2) applicants per organization
or community and organizations or communities submitting two names are requested
to consider gender balance (and where possible, to submit both a male and a
female applicant);
(g) Applicants must submit application forms and recommendation letters in
one of the six official languages of the United Nations (English, French, Spanish,
Russian, Chinese or Arabic). Applications in other languages will not be considered
by the Secretariat;
(h) Applicants must indicate their role and/or responsibilities in their
organization or community;
(i) The Secretariat's selection of an applicant to attend a specific meeting
of the Convention on Biological Diversity does not exclude another recommendation
to attend other relevant meetings and vice versa.
The criteria for selection are reflected in the application forms, which
are available on the webpage of the Secretariat at http://www.biodiv.org/default.shtml .
The Secretariat will advise of meetings through official communications, where
possible, five months in advance to facilitate early applications. Applications
must be received by the Secretariat of the Convention on Biological Diversity
within 45 days of the official communication by the Secretariat of the call
for applications. An application form is provided in the appendix hereto.
Appendix
E. Development of elements
of sui generis systems for the protection of the knowledge, innovations and
practices of indigenous and local communities
The Conference of the Parties,
Recalling decision VII/16 H, in particular paragraphs 6 (a) and 6
(b),
1. Urges Parties and Governments to develop, adopt and/or recognize
national and local sui generis models for the protection of traditional
knowledge, innovations and practices with the full and effective participation
of indigenous and local communities.
2. Urges Parties and Governments to report on these initiatives to
adopt local and national sui generis models and to share experiences
through the clearing-house mechanism;
3. Invites Parties and Governments with transboundary distribution
of some biological and genetic resources and associated traditional knowledge
to consider the establishment of regional sui generis frameworks
for the protection of traditional knowledge, innovations and practices, as
appropriate, with the full and effective participation of indigenous and local
communities;
4. Requests the Executive Secretary to continue gathering and analysing
information, in consultation with Parties, Governments, indigenous and local
communities, to further developas a priority issue, the possible elements
listed in the annex to decision VII/16 H for consideration by the
Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related
Provisions at its fifth meeting, and further requests the Working Group on
8(j) to identify priority elements of sui generis systems;
5. In the spirit of mutual supportiveness and to avoid duplication of efforts, requests the
Executive Secretary to inform other relevant organizations, such as those listed
in decision VII/16 H, of the potential elements to be considered in the
development of sui generis systems for the protection of traditional
knowledge, innovations and practices;
6. Acknowledges the work being done at the Intergovernmental Committee
on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
of the World Intellectual Property Organization on the intellectual property
aspects of sui generis systems for the protection of traditional knowledge
against misappropriation and misuse;
7. Acknowledges the ongoing discussions in the World Trade Organization
to examine, inter alia, the relationship between the Agreement on Trade-related
Aspects of Intellectual Property Rights and the Convention on Biological Diversity
and the protection of traditional knowledge;
8. Invites the Parties and Governments, indigenous and local communities,
and non-governmental organizations to communicate to the Secretariat their
views on the definitions (UNEP/CBD/WG8J/4/7, annex II), related to the present
decision and requests the Executive Secretary to compile these views
for consideration at the fifth meeting of the Working Group on Article 8(j)
and Related Provisions;
F. Elements of an ethical
code of conduct to ensure respect for the cultural and intellectual heritage
of indigenous and local communities relevant to the conservation and sustainable
use of biological diversity
The Conference of the Parties
1. Takes note of the draft elements of an ethical code of conduct
to ensure respect for the cultural and intellectual heritage of indigenous
and local communities relevant for the conservation and sustainable use of
biological diversity, as contained in the note by the Executive Secretary on
the subject (UNEP/CBD/WG8J/4/8);
2. Invites Parties, Governments, indigenous and local communities,
relevant international organizations and other relevant stakeholders, after
having undertaken, where appropriate, consultations, to submit written comments
to the Executive Secretary, on the draft elements, at least six months prior
to the fifth meeting of the Ad Hoc Working Group on Article 8(j) and Related
Provisions;
3. Requests the Executive Secretary to transmit the present decision
to the United Nations Permanent Forum on Indigenous Issues and to seek collaboration
in the development of the code;
4. Requests the Executive Secretary to compile the views and comments
provided and make the compilation as well as a revised draft on elements of
an ethical code of conduct, available at least three months prior to the fifth
meeting of the Ad Hoc Working Group on Article 8(j) and Related Provisions
for its consideration;
5. Requests the Ad Hoc Working Group on Article 8(j) and Related Provisions
to further develop the draft elements of an ethical code of conduct and submit
these to the Conference of the Parties at its ninth meeting for consideration
and possible adoption;
6. Invites Parties, Governments, relevant international organizations
and relevant stakeholders to take note of the annex to the present decision.
Annex
1. In the further development of the draft elements of an ethical code of
conduct, all relevant actors are encouraged to engage positively and in a constructive
manner.
2. The following list reflects a variety of views that were raised in an
initial exchange of views at the fourth meeting of the Ad Hoc Working Group
on Article 8(j) and Related Provisions, which are not necessarily commonly
held but which may be useful in further work:
(a) Consistency with the mandate of the Convention on Biological Diversity;
(b) Paying due respect to the work and mandates of other international organizations,
in particular of the United Nations Commission on Human Rights;
(c) Developing a more logical structure of the document and of the sequence
and location of paragraphs;
(d) Audiences: the draft elements of the ethical code of conduct should be
targeted and useful for different audiences;
(e) Scope of the draft elements of the ethical code of conduct: language
of the code to be reviewed;
(f) Respect for national legislation;
(g) Section 3 (“Ethical Principles”) of annex I to the note by the Executive
Secretary on elements of an ethical code of conduct (UNEP/CBD/WG8J/4/8) offers
guidance relating to the scope of the draft elements of the ethical code of
conduct;
(h) Incorporation of customary law and practices;
(i) Research management tools for indigenous and local communities;
(j) Some aspects in the document UNEP/CBD/WG8J/4/8 which appear in the draft
elements are more appropriate as an explanation;
(k) Relationship between different indigenous and local communities;
(l) The draft elements of the ethical code may cover not only research on
sacred sites, lands and waters;
(m) Title of the draft elements of the ethical code may be revisited;
(n) The concept “indigenous communities” may be replaced by the concept “indigenous
peoples”;
(o) Ethical principles: application of the draft elements of the ethical
code may not be restricted to research carried out inside indigenous and/or
local communities but include research on traditional knowledge carried out ex
situ;
(p) Take into account the integrity of indigenous peoples’ collective rights;
(q) The scope of the draft elements of the ethical code may include both
interaction with indigenous and local communities as well as research, access
to, use, exchange, and management of information concerning traditional knowledge,
innovations and practices for the conservation and sustainable use of biological
diversity;
(r) The draft elements of the ethical code of conduct may take into account
the need for researchers to return the results of their research to indigenous
and local communities and to seek the prior informed consent of the communities
before applying for intellectual property rights;
(s) The draft elements of the ethical code of conduct may include the elements
of ethical principles of indigenous peoples.
G. Indicators for assessing
progress towards the 2010 biodiversity target: status of traditional knowledge,
innovations and practices
The Conference of the Parties
1. Considers that a more structured technical process is required
to guide further work in the Ad Hoc Open-ended Working Group on Article 8(j)
and Related Provisions on further development of a limited number of meaningful
and practical indicators for assessing the status of traditional knowledge,
innovations and practices, for assessing progress towards the 2010 biodiversity
target;
2. Invites Parties, Governments and relevant organizations, in
consultation with indigenous and local communities, to provide to the Executive
Secretary information on activities pertaining to the development and application
of indicators for assessing the status of traditional knowledge, innovations
and practices, including on the testing of prototypes and pilot projects,
through existing reporting mechanisms;
3. Requests the Executive Secretary to compile this information and
make it available through the clearing-house mechanism and, as appropriate,
to the technical process referred to in paragraph 1 above;
4. Invites the Open-ended Working Group on Article 8(j) and Related
Provisions, to further elaborate a limited number of meaningful and practical
indicators for assessing progress in the implementation of the Strategic Plan
of the Convention and the 2010 biodiversity target, before the 5 th meeting
of the Working Group on Article 8(j) and Related Provisions:
5. Welcomes the initiative of the International Indigenous Forum on
Biodiversity (IIFB) Working Group on Indicators to organize an international
expert seminar on Indicators relevant for indigenous and local communities
and the Convention on Biological Diversity, with the aim of supporting the
work of the Open-ended Working Group on Article 8(j) and Related Provisions,
the Strategic Plan of the Convention, the 2010 target, and the Millennium Development
Goals;
6. Invites Parties, the United Nations Permanent Forum on Indigenous
Issues, the United Nations Development Programme, the United Nations Educational,
Scientific and Cultural Organization, IUCN, the 2010 Biodiversity Indicator
Partnership and organizations with relevant experience and data-sets relevant
to this work, donors, the academe and research institutions and other interested
bodies to support and collaborate with the Open-ended Working Group on Article 8(j) and Related Provisions and
the IIFB Indicators Initiative with the above mentioned technical process;
H. Recommendations of
the United Nations Permanent Forum on Indigenous Issues
The Conference of the Parties
1. Welcomes the close cooperation between the Convention process and
the Permanent Forum on Indigenous Issues on matters pertaining to indigenous
and local communities and their knowledge, innovations and practices relevant
for the conservation and sustainable use of biological diversity as an important
initiative to avoid duplication of work and maximize synergy;
2. Notes with appreciation the Workshop on Cultural, Environmental
and Social Impact Assessments based on the Akwé: Kon Voluntary Guidelines
and aimed at the further strengthening of the understanding of the link between
environment and cultural diversity, which was held in Tokyo, Japan, from 30
May to 2 June 2005, in collaboration with other United Nations agencies and
relevant international organizations, with the participation of representatives
of indigenous and local communities;
3. Requests the Executive Secretary to transmit the report of the
Workshop to the Permanent Forum on Indigenous Issues;
4. Takes note of the request by the Permanent Forum on Indigenous
Issues to the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j)
and Related Provisions to advance its mandate to develop mechanisms for effective sui
generis systems of protection based on customary laws of indigenous peoples.