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Decision III/14: IMPLEMENTATION OF ARTICLE 8 (j)
The Conference of the Parties, Reaffirming the spirit and the intent of the Convention as expressed in Article 8 (j), Recognizing that Article 8 (j) is closely linked with other articles of the Convention, in particular Articles 10 (c), 17.2 and 18.4, Taking note of relevant activities within the United Nations system, in particular under the Commission on Human Rights, and of relevant international instruments, such as Convention 169 of the International Labour Organization, Stressing the need for Contracting Parties to implement Article 8 (j) and related articles and to initiate a process toward this end, Realizing the importance of biological diversity for indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, Emphasizing the need for dialogue with representatives of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity within the framework of the Convention, Recognizing rights under national legislation of indigenous and local communities to control access to their knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity, Reaffirming the dynamic nature of traditional knowledge, innovations and practices, Recognizing that traditional knowledge should be given the same respect as any other form of knowledge in the implementation of the Convention, Emphasizing the need for Parties to initiate projects on capacity-building with indigenous and local communities to address concerns in the conservation and sustainable use of biological diversity and of equitable sharing of the benefits arising from the utilization of their knowledge, innovations and practices, Recognizing that issues related to traditional knowledge, innovations and practices go beyond the scope of the Convention, Expressing its sincere appreciation for the valuable contribution made by the participating representatives of the indigenous and local communities at the third meeting of the Conference of the Parties, 1. Requests those Parties that have not yet done so to develop national legislation and corresponding strategies for the implementation of Article 8 (j) in consultation particularly with representatives of their indigenous and local communities; 2. Urges Parties to supply information about the implementation of Article 8 (j) and related articles, for example, national legislation and administrative and incentive measures, and to include such information in national reports; 3. Invites Governments, international agencies, research institutions, representatives of indigenous and local communities and non-governmental organizations to submit case studies to the Executive Secretary in time for consideration by the workshop referred to in paragraph 9 below on measures taken to develop and implement the Convention's provisions relating to indigenous and local communities. These studies could highlight key areas of discussion and help in considering the implementation of Article 8 (j) and related articles, including, inter alia, interactions between traditional and other forms of knowledge relating to conservation and sustainable use of biological diversity; the influence of current laws and policies on knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity; and incentive measures; 4. Requests the Executive Secretary to remain informed as to relevant international processes and bodies, including, inter alia, those under the auspices of the Commission on Human Rights and the Commission on Sustainable Development, Convention 169 of the International Labour Organization, the World Intellectual Property Organization, the World Bank, the Food and Agriculture Organization of the United Nations, the United Nations Educational, Social and Cultural Organization, and the World Trade Organization, and to provide periodic reports related to Article 8 (j) and related articles to the Conference of Parties; 5. Requests the interim financial mechanism to examine the support of capacity-building projects for indigenous and local communities embodying traditional lifestyles related to the preservation and maintenance of their knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity with their prior informed consent and their participation; 6. Recommends that the indigenous knowledge post in the Secretariat should be filled as soon as possible; 7. Decides that an intersessional process should be established to advance further work on the implementation of Article 8 (j) and related provisions with a view to producing a report for consideration at the fourth meeting of the Conference of the Parties; 8. Decides that activities as part of the intersessional process referred to in paragraph 7 should include representation by Governments, indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity, and other relevant bodies; 9. Requests the Executive Secretary to arrange, as part of the intersessional process referred to in paragraph 7, a five-day workshop before the fourth meeting of the Conference of the Parties according to the terms of reference in the Annex; 10. Further requests the Executive Secretary to produce, in support of the intersessional process referred to in paragraph 7, a background document containing the following: (a) The consideration of the linkages between Article 8 (j) and related issues including, inter alia, technology transfer, access to genetic resources, ownership, intellectual property rights, alternative systems of protection of knowledge, innovations and practices, incentives and Articles 6 and 7 and the remainder of Article 8; (b) The elaboration of concepts of key terms of Article 8 (j) and related provisions such as Articles 10 (c), 17.2 and 18.4; (c) A survey of the activities undertaken by relevant organizations and their possible contribution to Article 8 (j) and related articles; 11. Further requests the Executive Secretary to invite representatives of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity to provide input to the meeting; 12. Calls upon Parties to make additional voluntary contributions to help fund the workshop.
Annex
1. The workshop would seek: (a) To identify the extent to which the various organizations, individually or collectively, could address interests in Article 8 (j), such as guidance to Governments on implementation; (b) To identify any gaps which would help set future priorities of the Conference of the Parties; (c) To consider the background document prepared by the Executive Secretary according to operative paragraph 9 to the present decision; (d) To consider the input provided by the indigenous and local communities embodying traditional lifestyles according to paragraph 10 to the present decision; (e) To consider the information provided by the Parties on national implementation under Article 8 (j) and related articles and seek to draw conclusions which will be of assistance in an assessment of priorities for future work by Parties and by the Conference of the Parties relevant to Article 8 (j) and related articles; (f) To provide advice to the Conference of the Parties on the possibility of developing a workplan on Article 8 (j) and related articles including the modalities for such a workplan; (g) To examine the need to establish an open-ended intersessional working group or a subsidiary body to address the role of traditional knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity. 2. In organizing the workshop, (a) The Executive Secretary will consult with the Centre for Human Rights and other relevant bodies on organizational considerations in sessions of the United Nations Working Group on Indigenous Populations in order to inform the process of organizing this workshop; (b) The Parties shall, as far as possible and as appropriate, promote consultations among indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity in order for them to choose their representatives to the workshop; (c) A set number of funded participants will be determined according to the amount of voluntary contributions received and will be allocated taking into account regional and gender representations; (d) A core figure of US$350,000 will be allocated in the budget of the Convention on Biological Diversity to cover the administrative costs of the workshop; (e) Consideration could be given to holding it back-to-back with the third meeting of the Subsidiary Body on Scientific, Technical and Technological Advice or at a venue offered by a voluntary host.[Go to start of Document]