ENB @ Article 8(j)

First Meeting of the Ad-Hoc Open-Ended Inter-Sessional Working Group on Article 8(j) And Related Provisions of the Convention on Biological Diversity.

Seville, Spain, 27 - 31 March 2000

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Versión en Español

Tuesday, 28th March

Delegates to the Working Group on Article 8(j) met during the morning in a brief Plenary session to hear the results of the Bureau meeting, and then adjourned for Sub-Working Group discussions. Sub-Working Group I (SWG-I) addressed Agenda Item 3 on the application and development of legal and other forms of protection for traditional knowledge during morning and afternoon sessions. Sub-Working Group II (SWG-II) addressed specific programme elements of Agenda Item 5 on development of the work programme.

Lars Andreassen of the Nordic Sami Institute, reading before the opening of the morning Plenary.

Hamdallah Zedan, CBD Executive Secretary, Chair Juan Luis Muriel and members of the Secretariat during the morning Plenary.

	Shakeel Bhatti, World Intellectual Property Organization (WIPO), gave a brief overview of its recent fact-finding mission to identify and explore the needs of the holders of traditional knowledge.
		Co-Chair John Herity, Canada, addresses the work programme elements in Sub-Working Group II.
	Souleye Ndiaye, Director of National Parks, Senegal, noted that in some cases, traditional knowledge is not to be disseminated or sold, even to members of the broader community, which prohibits foreigner access.
		Christian Prip, Denmark, noted a legal vacuum between international IPR systems and Article 8(j) and called for disclosure of the origin of genetic resources and traditional knowledge used for inventions.
	R.H. Khwaja, Ministry of Environment and Forests, India, called for examination of how geographic indications could be applied to traditional knowledge.
	Sub-Working Group I Co-Chair, Damaso Luna, Mexico, and Sam Johnston of the CBD Secretariat consult during a break.
		Lorenzo Muelas, Colombian Indigenous Movement, spoke on the right of recognition of Indigenous peoples.
		Victoria Tauli-Corpuz, TEBTEBBA noted that the TRIPS agreement compromises national and local sovereignty over natural resources.
		in Sub-Working Group II.
	Norku Worku Damena, Ethiopia, stated that the TRIPs agreement undermines the protection of traditional knowledge and drew attention to the review of the International Undertaking on Plant Genetic Resources and the relevance of farmers' rights.
		Leonor Zalabata, Confederacion Indigena Fayrond, said that technology diffusion or funding do not affect the protection of traditional knowledge, but rather the conditions of the territories where they live, thereby requiring protection of their territories and respect for their worldview.
	Sabrina Safrin, US, supports a recommendation on a review of activities under the UN and other intergovernmental bodies to help identify areas of synergy and coordination.
		Onel Masardule, Regional Coordinator, Mesoamerican Programme for Indigenous Knowledge.
	Priscilla Settee, Canada, discussed two inconsistent world views: the Western world view of property; and the indigenous world view of cooperation and respect for community as a collective. She said the negotiation process is relatively fast-moving and therefore it is difficult to fit traditional knowledge and practices, which take generations to develop, into a legal framework.


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