ENB:09:65
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KNOWLEDGE, INNOVATION AND PRACTICES OF INDIGENOUS AND LOCAL COMMUNITIES (AGENDA ITEM 11)
The Secretariat introduced background documentation on the implementation of Article 8(j) on the role of knowledge, innovations and practices of indigenous and local communities (“traditional knowledge”), as contained in documents UNEP/CBD/COP/3/19, UNEP/CBD/COP/3/Inf.33, UNEP/CBD/COP/3/Inf.44.
During discussion of this issue in the COW, indigenous peoples’ groups, supported by several developing countries, presented a proposal for an Open-ended Working Group on Article 8(j) to advise the SBSTTA and report to the COP. CANADA, supported by SWEDEN (on behalf of the Nordic countries), the NETHERLANDS and ITALY, suggested an intersessional meeting involving governments and indigenous peoples’ groups to create the basis for further discussion at COP-4.
SWITZERLAND stated that the protection of rights will require a combination of mechanisms and supported an examination of best practices. COLOMBIA proposed establishing a subsidiary body under the COP on innovative practices of indigenous peoples and called for the suspension of access to genetic resources until there is a guarantee of protection.
The EU recognized that traditional knowledge should be respected in accord with national legislation and underlined consistency with international agreements. JAPAN highlighted uncertainty over the relationship between Article 8(j) and Farmers’ Rights. INDIA stated that a policy mechanism should require: information regarding source of origin; respect of relevant laws and practices in the country of origin; and prior informed consent. INDONESIA requested elaboration on benefit sharing mechanisms.
The decision (UNEP/CBD/COP/3/L.13) adopted by the COP requests Parties to develop national legislation to implement Article 8(j) in consultation with indigenous and local communities, and to include information on this in national reports. It also requests the Executive Secretary to hold a five-day intersessional workshop, involving governments and indigenous and local communities, on such issues as the interaction between traditional and other forms of knowledge relating to biodiversity, the influence of current laws and policies on traditional knowledge, and incentive measures. The decision requests the interim financial mechanism to examine support, with participation and prior informed consent, for capacity building for preservation of traditional knowledge related to conservation and sustainable use.
The decision also requests that the Executive Secretary prepare background documentation containing the following: consideration of linkages between Article 8(j) and such issues as technology transfer, access, ownership of genetic resources, IPR, alternative systems of knowledge protection and incentives; elaboration of key terms of Article 8(j); and a survey of activities undertaken by relevant organizations and their possible contributions to Article 8(j). The decision recommends that the indigenous knowledge post in the Secretariat be filled as soon as possible, and that the Executive Secretary remain informed on relevant international processes including the Commission on Human Rights, the Commission on Sustainable Development, Convention 169 of the International Labor Organization, the World Bank, the FAO, UNESCO and the WTO.