On Tuesday morning, delegates to the CBD Ad hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions continued discussions on Article 10(c) (customary sustainable use) as a major component of the work programme on Article 8(j). In the light of divergent views among delegations, a contact group on this item was established.

Continuing consideration of the Multi-year Programme of Work, plenary discussed task 7 (benefit-sharing), task 10 (unlawful appropriation of traditional knowledge and associated genetic resources) and task 12 (exchange and dissemination of information) in light of recent developments, including the adoption of the Nagoya Protocol on Access and Benefit-sharing and ongoing negotiations under the World Intellectual Property Organization. A contact group was established on this item, which met in the evening.

Plenary then discussed the need and draft terms of reference to develop guidelines to facilitate repatriation of information, including cultural property, for the recovery of traditional knowledge.
The contact group on Article 10(c) met in the afternoon and discussed, inter alia, whether to: refer to the “full and effective participation and free prior informed consent” or “approval and involvement” of indigenous and local communities; request parties to review national and sub-national “law” on customary resource management; refer to “intellectual property protection” in developing guidelines on economic opportunities for indigenous and local communities; and explore climate change impacts on customary sustainable use practices.

Delegates from France and Finland during the Tuesday morning plenary session.