indigenous participation in the convention on...

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INDIGENOUS PARTICIPATION IN THE CONVENTION ONBIOLOGICAL DIVERSITY PROCESS

IV INTERNATIONAL INDIGENOUS FORUM ON BIODIVERSITY(SEVILLA, SPAIN, 24 – 26 MARCH 2000)

FIRST MEETING OF THE AD HOC OPEN ENDED INTERSESSIONAL WORKING GROUPON ARTICLE 8J) AND RELATED PROVISIONS

(SEVILLA, SPAIN, 27-31 MARCH 2000)

V INTERNATIONAL INDIGENOUS FORUM ON BIODIVERSITY(NAIROBI, KENYA, 14-15 MAY 2000)

FIFTH MEETING OF THE CONFERENCE OF THE PARTIESTO THE CONVENTION ON BIOLOGICAL DIVERSITY

(NAIROBI, KENYA, 15-26 MAY 2000)

EDITED BY PATRICIA BORRAZ (ALMÁCIGA GRUPO DE TRABAJO INTERCULTURAL)

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Introduction

D. Jesús Gracia AldazGeneral Secretary of the Agencia Española de Cooperación Internacional (AECI)

Foreword

Patricia BorrazALMACIGA Grupo de Trabajo Intercultural for WATU Acción Indígena

Documents

Seville

1. Short report on the IV International Indigenous Forum and Firts Meeting of the Ad Hoc Open-Ended Inter-Sessional Working Group on Article 8j) and Related Provisions by the Co-ordinating Body of Indigenous Organizations of the Amazon Basin (COICA).

2. Statement of the IV International Indigenous Forum on Biodiversity at the Inaugural PlenarySession of the Working Group.

3. Statement of the IV International Indigenous Forum on Biodiversity at the Closing Session ofthe Working Group.

4. Annexes to the Report of the Working Group (UNEP/CBD/COP/5/5).

Nairobi

1. Statement of the V International Indigenous Forum on Biodiversity at the Inaugural Session ofthe Fifth Conference of the Parties (COP5).

2. Statement of the V International Indigenous Forum on Biodiversity at the Closing Session ofthe Fifth Conference of the Parties (COP 5).

3. Position Document of the V International Indigenous Forum for the Working Group on article8j) and related provisions.

4. The Co-ordinating Body of Indigenous Organizations of the Amazon Basin’s (COICA)Statement on Access to Genetic Resources and Benefit-Sharing.

5. Decision V/16 of the Fifth Conference of the Parties.6. Decision V/26 of the Fifth Conference of the Parties.

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INTRODUCTION

The Spanish Co-operation is actively compromised in supporting Indigenous Peoples in their sustainabledevelopment processes, being respectful of those Peoples’ rights to define their own concept ofdevelopment, to identify their needs and to establish their priorities, as well as to decide the way in whichthey want to inter relate with the society surrounding them, according to their own cultures and theirexpectations for the future. This also implies the support to these Peoples’ participation in the nationaland international decision-making mechanisms which can directly affect them.

Two main reflections have led us to this standpoint:

- First of all, the recognition of the role of Indigenous Peoples as guardians of the majority of thenatural spaces in the Planet, who have developed management practices of their environment whichhave ensured the conservation of the biological and cultural diversity.

- Second, but not less important, the consideration that Indigenous Peoples are the actors of a differentdevelopment, arising from their distinctiveness from the dominant culture and the surroundingsociety. A development in diversity which, without ignoring the social changes derived from theirown dynamics, means also a wide range of factors closely linked to the respect of human rights.

In this sense, within the frame of the International Decade for the Indigenous Populations declared by theUnited Nations for the period 1995-2004, the Spanish Strategy for Co-operation with Indigenous Peopleswas defined, being one of its two main guidelines the support of Indigenous participation in internationalfora.

From 1996, Spain has supported the most important participation activities of Indigenous Peoples in theConvention on Biological Diversity process: the Workshop held in Madrid on Traditional Knowledge, inNovember, 1997 was a millstone in the process and the First Meeting of the Ad Hoc Open-EndedWorking Group on article 8j) of the Convention, held in Seville by the end of March 2000, complies withDecision IV/9 of the IV Conference of the Parties (COP) held in Bratislava, (Slovakia, May 1998).

Furthermore, with the valuable collaboration of the Spanish non-governmental organisation WATUAcción Indígena, the five meetings of the International Indigenous Forum on Biodiversity have beensupported. They have been held from the III COP in Buenos Aires in 1996, prior to the official meetings.

The contribution of the Spanish Co-operation to these fora has produced a new, probably avant-garde,way of support concerning co-operation with Indigenous Peoples. From the beginning, it has been basedon a previous consensus on the Indigenous autonomy to organise the events and to chose theirrepresentatives among AECI, WATU Acción Indígena and the Indigenous representatives constituting theCo-ordinating Committee. The results achieved during this period allow us to consider that this formulafosters self-development and Indigenous participation and opens a new way of intercultural relationship.

At the V Conference of the Parties, held in May 2000 in Nairobi, Kenya, the International IndigenousForum on Biodiversity has been recognised as a consultant instance for the Conferences in future. Thisrepresents a decisive step forward in the development and just implementation of the Convention onBiological Diversity concerning Indigenous Peoples. Besides, other substantive aspects which have beenrelevant in the V COP have been: the consolidation of Working Group on article 8 (j) and relatedprovisions of the Convention, the creation of a Working Group on access to genetic resources and benefit-sharing, and the approval of the Programme of Work on traditional knowledge.

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It must be underlined that this Programme of Work, initially formulated at the Madrid Workshop andfurther developed in the First Meeting of the Working Group in Seville, establishes that those activitiesneeded to adequately insert Indigenous participation in all the dispositions of the Convention and tofacilitate the information-sharing among Indigenous Peoples concerning traditional knowledge, should beundertaken within the first phase of the Programme of Work. Furthermore, the fundamental role ofIndigenous women in the preservation, keeping and transmission to future generations of their Peoples’traditional knowledge, has been recognised.

Within the context of Nairobi V COP, Spain’s role supporting a greater participation of IndigenousPeoples in the activities of the Convention has been widely acknowledged by many delegations, throughconsultations and interest on our points of view when defining their own standpoints. On their part, therepresentatives of Indigenous communities expressed their positive evaluation of the role played by theSpanish delegation, considering it as an adequate conveyor of their concerns and opinions in manyoccasions.

Concerning the compromises acquired by Spain, as a country Party to the Convention on BiologicalDiversity, related with the Programme of Work approved by the V COP in Nairobi, we have alreadystarted to plan the necessary activities to fulfil them, taking into account not only the obligation todevelop them as Parties to the CBD, but also considering the leading role our country has played in thesupport of the discussion and resolutions of the Conferences of the Parties concerning traditionalknowledge. Besides, we have taken as a very useful reference the different programmes of the SpanishCo-operation framed within the subjects of the Convention on Biological Diversity.

A first activity has already been developed during the last meeting of the UN annual Working Group onIndigenous Populations, held by the end of July 2000 in Geneva. The tripartite co-ordinating schemeworked again among the representatives of the Indigenous Co-ordinating Committee, WATU AcciónIndígena and AECI, to develop a Workshop in which Indigenous leaders who were present in Nairobicould explain the results of the V COP of the Convention on Biological Diversity to Indigenousrepresentatives who were not able to attend that relevant meeting.

The materials and documents used at the Workshop in Geneva are a good account of the work done there,so it was deemed interesting to compile them in the present publication, thus contributing to theirdiffusion.

This is one of the most consolidated work areas of the Spanish Strategy of Co-operation with IndigenousPeoples. So there are the best perspectives for the continuation of AECI’s support to Indigenous Peopleswithin the context of the Convention on Biological Diversity.

Jesús Gracia AldazGeneral SecretarySpanish International Co-operation Agency (AECI)

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FOREWORD

This publication is a reflection of the results of Indigenous Peoples’ participation at the most recentmeetings of the Parties to the Convention on Biological Diversity (CBD). The first was held in Seville,Spain in March 2000 (First Meeting of the Ad Hoc Open-Ended Inter-Sessional Working Group onArticle 8j and Related Provisions) and the second took place in Nairobi in May 2000 (Fifth Meeting of theConference of the Parties-COP5). Indigenous Peoples’ participation is demonstrated in the consensusstatements presented by the International Indigenous Forum on Biodiversity and in the decisions and finaldocuments resulting from the Parties’ negotiations.

The previous publications1 of WATU compiled the results of the participation of Indigenous Peoples atthe Workshop on Traditional Knowledge (Madrid, Spain, November 1997) and Fourth Meeting of theConference of the Parties (Bratislava, Slovakia, May 1998). In this document inaugural and finalstatements of the International Indigenous Forum on Biodiversity in Seville and Nairobi; two documentsby COICA (Co-ordinating Body of Indigenous Organisations of the Amazon Basin); a position documentof the International Indigenous Forum on the Programme of Work from Nairobi, and related official CDBdecisions (annex to the report of the Working Group and Resolutions V/16 and V/26 of the COP5) arepresented.

The main objective of this publication is to facilitate the circulation of information, targeting mainlyIndigenous Peoples, their communities and organisations, so as to guarantee that greater numbers canaccess relevant documents, allowing them to track CBD developments. It also offers the Parties andinternational governmental and non governmental organisations the possibility of going through adocumentation which, we hope, can help them understand better Indigenous Peoples’ points of viewconcerning the CBD, as well as their main concerns and proposals.

The Working Group on Article 8j) and Related Provisions resulted from intense and effective lobbyingefforts of Indigenous Peoples’ representatives which, after was unfortunately small due to lack ofresources and information at the First and Second Conferences of the Parties but increased since the ThirdConference of the Parties (Buenos Aires, Argentina, 1996) and their I International Indigenous Forum onBiodiversity. By then, the deep implications of the CBD for Indigenous Peoples’ rights and territorieswere quite obvious.

The Convention, which is a contractual agreement among Parties based on the principle of the nationalsovereignty over biological resources, almost totally ignores the rights of Indigenous Peoples, includingthe principles of prior informed consent and their participation in implementation, despite the fact mostbiological diversity is be found within Indigenous Peoples’ territories (lands and waters). However, notonly the biological resources are subject to the Convention. In Article 8j) of the CBD, IndigenousPeoples’ knowledge, practices and innovations, are asked to be respected, preserved and maintained byParties and equitable sharing of the benefits arising from the use of such knowledge, practices andinnovations is called for, although subject to their national legislation.

Although Indigenous Peoples were not involved in the drafting and ratification of the Convention, theyeffectively participate in the meetings related to the CBD implementation. They were present at the COP2but it has been since the Third Conference of the Parties when their presence has been impossible toignore . This participation has been fostered and supported by the International Indigenous Fora onBiodiversity, which are open strategy meetings held prior to the official CBD meetings. The effectivework by the Forum contribute to positive decisions taken by the Parties in considering Indigenous Peoples

1 (1999)Indigenous Peoples facing the new millennium, WATU/AECI, Madrid; Participation and prior informedconsent of Indigenous Peoples in the implementation of the Convention on Biological Diversity, WATU, Madrid.

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and specially in establishing a special Working Group on Article 8j) and Related Provisions (DecisionIV/9 of the COP4).

At the first Working Group meeting in Seville, a programme of work for the implementation of article 8j)and related provisions (based on the Report from the Workshop on Traditional Knowledge held inMadrid, Spain, in November 1997) was discussed, negotiated and approved. Through its differentelements and tasks, it reflects basic needs that Indigenous Peoples have identified as important for furtherwork, such as legal protection of traditional knowledge, the study of alternative systems to recognise andprotect the Indigenous Peoples’ collective property of such knowledge, the need for greater participationin the implementation of the Convention by Indigenous Peoples, the need for an appropriate clearinghouse mechanism and access to information and documentation, prior informed consent and equitablebenefit-sharing, the relevant role of Indigenous women, etc. These results were presented for discussionand adoption to the Fifth Conference of the Parties, held two months later.

Indigenous participation at the sessions of the COP5 was of essential importance to achieve thecontinuation of the mandate of the Working Group, which constitutes an interesting space for theIndigenous participation within the process of the Convention, and to ensure that what the Parties didfinally adopt concerning the Programme of Work approved in Seville, would include some of theIndigenous Peoples’ basic principles. Negotiations during the COP were hard. The Parties considered theProgramme of Work too comprehensive and ambitious and they decided that, in order to effectivelyimplement it, it was necessary to prioritise its elements and tasks. Thanks to the excellent work developedby the V International Indigenous Forum on Biodiversity, which held sessions for many hours before andduring the COP, it was achieved both the continuation of the Working Group and to have prioritised thetasks which were priorities for the Indigenous representatives themselves. COP5 did also recognise theimportant contribution of the International Indigenous Forum on Biodiversity to the implementation ofthe Convention and a relevant role for it in future.

The current situation to face future negotiations is sensibly better, from the point of view of Indigenousrights, than it was when the Convention was ratified without taking into account neither IndigenousPeoples nor local communities. This is especially important in a Convention so widely ratified and socomprehensive as the CBD.

This presents the International Indigenous Forum on Biodiversity with new challenges. First, the Forumhas to ensure that its historical demands are recognised. These include: the right to be considered as“Peoples”, territorial rights, the recognition of the collective character and rights to traditional knowledgeand resources, the need for an appropriate legal protection of traditional knowledge and genetic resourcesbefore any bioprospecting arrangements are made, the right to deny access to their resources andknowledge, etc. Second, although Indigenous Peoples are not Parties to the CBD, The Forum needs toprovide advice to parties and to the Working Group on the implementation of Article 8j) and relatedprovisions. This implies the necessity of developing capacity to monitor work. The Forum will also haveto ensure that Indigenous presence and participation are as wide as possible during the meetings of theWorking Group on Article 8j) and related provisions. Many other areas of discussion in the COPs andCBD process need attention by Indigenous Peoples, especially because of the cross-cutting nature oftraditional knowledge throughout the Convention, for example the new Working Group on Access andBenefit-Sharing.

To develop this work, it is important the support of governmental and non governmental organisationscompromised with the recognition of Indigenous Peoples’ rights. In the case of the Spanish Government,the Spanish International Co-operation Agency (AECI) has played an important role facilitating, throughfinancial backing, Indigenous participation in the Fora, specially those held in Madrid and Seville. It hasalso hosted, along with other Spanish institutions, the Madrid Workshop and the Seville meeting of theWorking Group on 8j). On the non-governmental side, WATU Acción Indígena has supported theIndigenous participation since the Third Conference of the Parties (COP 3) and, while WATU hopes to

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continue this work, it calls upon other NGOs to realise and support the importance of Indigenousparticipation in the implementation of the CBD. Only with the full and effective participation ofIndigenous Peoples can a truly just implementation of the Convention on Biological Diversity and thefulfilment of its objectives be ensured.

Patricia BorrazWATU Acción Indígena

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IV INTERNATIONAL INDIGENOUS FORUM ON BIODIVERSITY24 – 26 March 2000

FIRST MEETING OF THE WORKING GROUPON ARTICLE 8J) AND RELATED PROVISIONS

27 – 31 March 2000

Seville, Spain

SHORT REPORT

Background

The Convention on Biological Diversity (CBD), which was developed without substantial participation ofIndigenous Peoples, was presented for adoption during the Earth Summit held in Rio de Janeiro in 1992.The Convention does not recognise the fundamental rights of Indigenous Peoples, among others, the rightto be recognised as Peoples and not only populations; the right to self-determination; rights to their landsand territories; collective right to their traditional knowledge and right to free and prior informed consent.Moreover, the Convention does not deal with biodiversity related questions in an holistic manner, butinstead, it is fragmented into technical aspects, which emphasize the commercial value of Nature. Thedecisions on the implementation of the Convention are taken by the Contracting Parties (the governmentswhich have ratified the Convention) and in this process, Parties are not obliged to take into account theinterests and concerns of Indigenous Peoples.

Because of these reasons, although we agree with the objectives of the Convention (conservation ofbiological diversity, sustainable use of its components and equitable sharing of the benefits arising fromthe use), Indigenous Peoples have not called for the implementation of the Convention but rather for thebest way of establishing the principles for national and international implementation and for a full andeffective participation in the whole process of the Convention.

Since the Third Conference of the Parties (COP 3) held in Buenos Aires, Argentina, in November 1996,we have had important input and exerted strong lobbying pressure into the CBD process. There, we held apreparatory meeting before the COP, which was the I International Indigenous Forum on Biodiversity andwe proposed the establishment, under the COP, of a Working Group to deal with the articles affectingIndigenous Peoples, such as: article 8, which deals with protected areas, sustainable use of biodiversityand traditional knowledge (article 8j); article 10c) (sustainable use of biodiversity components); article 12(research and capacity building); article 14 (impact assessment and reduction of adverse impact ofprojects); article 15 (access to genetic resources); article 17 (benefit sharing), and many others.

COP 3 did not accept our proposal although it was decided to hold a Workshop on TraditionalKnowledge, which was celebrated in Madrid, Spain, in November 1997. In Madrid we also held our IIInternational Indigenous Forum on Biodiversity, where we developed in detail our principles andconcerns on the Convention article. The result of the Madrid Workshop was a consensus proposal inamong the participating governments, Indigenous Peoples and local communities’ representatives, for theestablishment of a Working Group on article 8j) and related provisions. During the COP 4 in Bratislava,Slovakia, where we held our III International Indigenous Forum on Biodiversity, the proposal of creatingsuch working group was approved.

The Working Group was established as an ad hoc group, with a very specific mandate and of limitedduration (not permanent) to be revised by the next COP. It was agreed that the Group would be open to allthe Contracting Parties and not only for some members to the Convention as happens in other instances.The group’s mandate was to elaborate a Programme of Work for the implementation of article 8j)

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(concerning the role of traditional knowledge in the conservation of biodiversity) and related provisions.The Working Group report was submitted to the COP 5 in Nairobi, Kenya, in May 2000. Before this firstmeeting of the Working Group, we held the IV Indigenous Forum on Biodiversity.

IV International Indigenous Forum on Biodiversity

The IV International Indigenous Forum on Biodiversity (IV IIFB) was held on 24 to 26 March, 2000 inSeville, Spain. The technical organisation was under the same co-ordinating group which had beenestablished in Buenos Aires: Indigenous organizations COICA (Co-ordinating Body of IndigenousOrganizations of the Amazon Basin), International Alliance of Tribal-Indigenous Peoples of the TropicalForests, Napguana, Consejo de Todas las Tierras, Indigenous Knowledge Programme- Mesoamerica(IKP) and Abya Yala Fund. The Spanish NGO WATU Acción Indígena co-ordinated logistic matters andworked in the edition of a publication detailing the history of Indigenous participation in the Convention.The IV IIFB was funded by the Spanish International Co-operation Agency (AECI), which did alsofacilitate Indigenous participation at the Working Group sessions.

The IV IIFB defined three items to focus on during the meeting of the Working Group on article 8j) andrelated provisions:

- Indigenous Peoples’ principles, policies and proposals concerning the CBD process- Aspects related to Indigenous participation at the process.- Programme of Work on article 8j) and related provisions.

Principles and policies were reflected in an statement presented by two representatives of the Forum at theInaugural plenary session of the Working Group. The aspects concerning Indigenous participation werereflected in a document entitled “Negotiation and lobby strategies”. Unfortunately, the Indigenousrepresentatives working on the Programme of Work did not produce a final document, although it wasconsidered that the positions drafted in Madrid were still valid, as they are presented at that Workshopreport (UNEP/CBD/COP/4/10/Add.1), especially its annex I (Final statement of the II InternationalIndigenous Forum on Biodiversity) and annex (Proposal for a Programme of Work).

Indigenous representatives did also held daily contact sessions during the Working Group meeting todiscuss our strategies and the daily agenda items of the Working Group.

Working Group on article 8j and related provisions.

COP4 in Bratislava decided to establish the Working Group on article 8j) and related provisions. This isreflected in paragraph 1 of Decision IV/9 of the COP 4. This decision defines and breaks down themandate of the Working Group into three tasks:

1. To provide advice as a priority on the application and development of legal and other appropriateforms of protection for the knowledge, innovations and practices of Indigenous and localcommunities.

2. To develop a programme of work based on the structures of the elements in the Madrid report(UNEP/CBD/COP/4/10/Add.1) appearing in the annex of decision IV/9. These elements are:a. Participatory mechanisms for Indigenous and local communities.b. Status and trends in relation to article 8j) and related provisions.c. Traditional cultural practices for conservation and sustainable use.d. Equitable sharing of benefits.e. Exchange and dissemination of information.f. Monitoring elementsg. Legal elements

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3. To provide the Conference of the Parties with advice related to the implementation of article 8j) andrelated provisions, in particular on the development and implementation of a programme of work atnational and international levels.

Working Group on article 8j) and related provisions (referred to as WG8j from now on, but keeping inmind that the Working Group is not only concerned with article 8j) but also with the rest of the articlesrelated to Indigenous Peoples) convened in Seville, Spain, from 27 to 31 March, 2000 and consideredthose items of its mandate in the agenda, as well as international co-operation among Indigenous andlocal communities.

Following the rules of procedures of the Convention, Juan Luis Muriel from Spain was elected themeeting’s Chairman. He was also responsible for reporting on WG8j to the COP5. The proposal byIndigenous representatives to have an Indigenous Co-Chair for each of the two sub-working groupsdealing with the different agenda items was accepted. The two Indigenous co-chairs were AntonioJacanamijoy, of the Inga people of Colombia, from COICA for subgroup 1 and Aroha Mead, of the Maoripeople in Arotearoa, New Zealand, for subgroup 2. It was also agreed that the Indigenous representativeswould constitute an advisory body to the Bureau (Friends of the Bureau). This advisory body also assistedin the drafting of the reports, proposals and decisions, although the final decisions on what was includedor not in the final texts were taken by the Chair, the Bureau members and, informally, by the Secretariatof the CBD. An important procedure we agreed to was that the final report of the meeting was to beadopted by consensus, which means that an objection by one of the Contracting Parties to the Conventionwould be enough not to accept a change to the final text. In one instance, an objection made by anIndigenous representative was not taken into account, and the text was passed with the approval of all theParties.

Although the Chairman of the meeting did not give the Indigenous Forum representatives the chance toaddress the plenary during the inaugural programme, we had reasonable opportunities to speak andsubmit our ideas and proposals in the other plenary sessions and the sub groups sessions. But it must bestressed the it is the Secretariat to the Convention who decides in many cases what they consider“relevant” to be included in the official documents and in many instances distinct from the originalprinciples of the submission. Among others, Parties did not consider it appropriate to include in the draftdecision the principle of using the term “Indigenous Peoples” (and not only Indigenous populations orcommunities); nor the recognition of the rights to our lands and territories and the proposal for amoratorium on biopiracy. In the end, after much insistence, these three fundamental aspects wereincluded in the narrative report of the final text but not among the final considerations and decisions.

WG8j final report is divided into two parts: the narrative report, where the meeting itself is described, andAnnex I, which included the decisions and recommendations to the COP5, and another Annex to it withthe programme of work. Annex II is a tribute to the government of Spain for hosting the meeting.Decisions and recommendations going forward to COP 5 were divided into the three themes of the WG8jagenda:1. legal elements appropriate for the protection of traditional knowledge2. proposal of a programme of work, divided into priority and middle term (second phase of the

programme of work) elements and tasks to be implemented3. international co-operation among Indigenous and local communities.

Key points and recommendations

Some key points and recommendations for the Indigenous strategy during the COP 5, Nairobi, Kenya, 15-26 May 2000 are the following:

Concerning the rules of procedure of the COP:

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1. Take into account that the report of the Working Group on 8j) and related provisions is one of the fewsubstantial items appearing separately on the COP 5 agenda.

2. Insist on the idea that the Madrid Workshop and the WG8j itself have established precedents for amore effective participation of Indigenous Peoples, therefore it is necessary to keep this in mind andrefer to other processes within the UN where spaces for effective Indigenous participation exist.

3. Make a request to the COP Chair that the V International Indigenous Forum on Biodiversity be givenan opportunity to present a statement at the Inaugural plenary session

4. Propose to the Chair of the COP to establish a “friends of the chair” or friends of the bureau andpermit the Indigenous representatives participation in contact and drafting groups.

On the points which will be probably be discussed with governments:

1. Our stance on the use of the term Indigenous Peoples and local communities2. The main principles from an Indigenous point of view, among other the fundamental role we have

had, have and will continue to have in the conservation of biodiversity; our holistic vision andcosmovision of biodiversity; the close relationship between the recognition of land and territories andbiodiversity protection; the principle that traditional knowledge are collective and not subject tocommercialisation; the principle of free prior informed consent; the lack of effective protection fortraditional knowledge and our call for a moratorium on biopiracy.

3. Propose the extension of the Working Group’s mandate for at least five years in order to deal with thework related with the implementation and monitoring of the programme of work on article 8j) andrelated provisions (made at the first intervention).

4. The proposal, at the same intervention, to secure financial assistance for Indigenous Peoples’participation in the WG8j) and other intersessional processes under the Convention.

5. Ensure that Working Group on 8j takes into account not only article 8j but all the related provisions,which are all articles that impact on Indigenous Peoples and their knowledge.

6. The recognition that before a “just implementation of article 8j and related provisions at local,national and international levels” can occur, principles for implementation and the full and effectiveparticipation of Indigenous and local communities at all stages and levels of its implementation mustbe established and ensured.

7. The proposal that future WG8j) meetings always include on their agenda:- “status and trends” where Indigenous representatives make presentations of the current situation of

the environment and biodiversity, including violations of Indigenous Peoples’ rights by governmentsor international organizations while implementing the Convention (not unlike the system in place atthe annual July Working group on Indigenous Populations meetings in Geneva).

- national and international monitoring of the Programme of Work.- co-ordination with other international processes and instruments, such as: the UN’s permanent Forum

of Indigenous Peoples, the UN Draft Declaration on the Rights of Indigenous Peoples, ILOConvention 169, World Intellectual Property Organization (WIPO), Commission on Sustainabledevelopment (CSD), the UN Conventions on Climate Change and Desertification, policydevelopment of the World Bank and UNDP etc.

8. The assignment of appropriate UN and CDB bodies for the implementation of different elements andtasks of the Programme of Work (the assignment of appropriate CDB bodies to the Programme ofWork was not fully discussed).

9. The further development of Indigenous participation in the:- CHM (Clearing-house Mechanism)- Liaison group with the Secretariat- Roster of experts

COICAMay, 2000.

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27 – 31 march 2000

Seville, Spain

Opening Statement by the IV International Indigenous Forum on BiodiversityInaugural Plenary

27 march 2000

PREAMBLE

Indigenous Peoples have a spiritual obligation to uphold the sacredness of life, as well as to uphold theintegrity of the Earth. We are given life from the Earth. We relate to the Earth as our mother – weunderstand that the role of our mother is a life-giving force that nurtures, protects and promotes life. Theintegral role and values Mother Earth has nurtured within us is that we are responsible for the assuranceof life. These teachings entail the essence of our being, the core of our life and spirit of our peoples,which are not negotiable nor compromised. Exploitation of our traditional knowledge is to severe theumbilical cord between our mother and our peoples. If this cord is severed, it would threaten the survivaland well-being of our future generations and bring an end to life.

Mr. Chairperson,

My name is Atencio Lopez and I am speaking on behalf of the IV International Indigenous Forum onBiodiversity held from 24 – 26 March 2000 in Seville, Spain. We take this opportunity to express ourappreciation to the government and the people of Spain and the city of Seville particularly for hosting thisWorking Group, as well as to WATU Acción Indígena of Spain who has put many efforts into thelogistical aspects of this forum. We congratulate the chairperson of this Working Group on his electionand wish him much success in the work ahead of us.

The International Indigenous Forum on Biodiversity is the forum that unites representatives of Indigenousorganizations from all parts of the world. We had previously convened international Indigenous forumson biodiversity prior to the Third Conference of the Parties (COP 3) in Buenos Aires, Argentina,November 1996, the Workshop on Traditional Knowledge in Madrid, Spain, November 1997, and theFourth Conference of the Parties (COP 4) in Bratislava, Slovak Republic, May 1998. The results of eachof these Indigenous forums have been considered useful in the deliberations of the COP, and the current“Working Group on article 8j) and related provisions” is the result of the relation between ourselves andthe Convention’s process.

Although we are now discussing specific articles of the Convention on Biological Diversity (CDB), wewant to mention that this is a convention to which we, the Indigenous Peoples and local communities ofthe world, fundamental actors in the convention, are not part of. We mention that we are fundamentalactors because ninety (90) percent of world’s biodiversity has been conserved and developed inIndigenous territories, precisely because we are the ones who best know of the management of thisdiversity and who have the authority to take decisions regarding this biodiversity. Indigenous Peopleshave not asked for the development of a convention on biodiversity, because for us, all the proceduresthat are used in spaces such as the United Nations, are very distant from Indigenous Peoples’ conceptsand principles, and from the way in which we work, analyse and take decisions within our communities.

Notwithstanding the proven importance of maintaining ethnic and cultural diversity, in many countriesthere has still not been recognition of Indigenous Peoples. We emphasize again that we are IndigenousPeoples and not just simply Indigenous groups or populations. The CBD process and its documents

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should therefore take this concept into account. In those states as well as in the Convention onBiodiversity itself where this step has not been taken yet, it is necessary to move towards recognition ofthe existence and importance of Indigenous Peoples which also implies the recognition of the collectivesovereignty over our lands and territories, the right to self-determination and the recognition of the rightto choose our own priorities for development. Even though some states have ratified Convention 169 ofthe International Labour Organization (ILO) or other agreements related to Indigenous Peoples, there hasnot been a beneficial implementation of these.

Mr. Chairperson:

In the framework of the CBD and other related instruments, it is important to recognize our collectivesovereignty over our Indigenous knowledge, science, technology, innovations and practices. This impliesthat the various Indigenous Peoples have a legitimate right to participate in decision-making processesrelated to access to our knowledge and our resources. We are here not only referring to free priorinformed consent but also to the right to deny access to our knowledge, and to say NO to bioprospection,exploration, exploitation, or application of intellectual property rights when these procedures go againstthe principles and collective rights of our peoples. We are very concerned that our knowledge and evenwe ourselves are being used as research objects for reasons of bioprospection or biopiracy, whichincreasingly harms biodiversity and even human life. It is also necessary to return genetic resources andtraditional knowledge of Indigenous Peoples and local communities from where they originated.Moreover, we require the application of the precautionary principle when Indigenous Peoples’ rights areat stake.

Following this order of ideas, we think it is appropriate to express here that we do not agree with theapplication of intellectual property right regimes on different forms of life and associated traditionalknowledge, under any circumstance. Likewise, we do not agree on an artificial distinction betweentangible and intangible components in the case of genetic resources. It is also necessary to have a priordiscussion on the fundamental principles of Indigenous Peoples before talking about equitable benefit-sharing, as this could imply the acceptance of patent systems with which we do not agree.

Mr. Chairperson, I thank you for this opportunity to address the plenary and would now like to share thisopportunity with my Indigenous sister, Lucy Mulenkei.

Mr. Chairperson:

My name is Lucy Mulenkei and I also speak on behalf of the International Indigenous Forum onBiodiversity as well as for the “Second Meeting on Indigenous Women and Biodiversity” that was heldon the 26th of March 2000 during the Indigenous Forum. It is sad that the CBD has not yet recognized therole of Indigenous women’s knowledge in the protection and maintenance of biodiversity. It was alsostressed that Indigenous women have the right to control and use the biological diversity in our territoriesand to be included in decision-making processes at all levels, in accordance to the cultural principles ofIndigenous Peoples.

Again we have to make mention of the lack of space for participation of Indigenous Peoples and localcommunities in the CBD process. The application of the Convention in many of our territories continuesto violate our rights and threaten our lives. This is something that the Parties need to consider. Not eventhe documents for the meetings are easily available. In our communities we do not have access to theInternet. The document UNEP/CBD/WG8J/1/INF/1 is not available in Spanish. We urge you, Mr.Chairperson, to maintain the spirit of the workshop of Madrid of full and open participation at all levels ofthe CBD, including in the bureau and contact groups, discussion and drafting committees.

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On the seven elements of a program of work and other matters on the agenda, we have a number ofobservations that we will present to you during the rest of this day and during the week. We note withconcern, Mr. Chairperson, that the documents of the Executive Secretary do not touch on the otherprovisions in the CBD related to Indigenous Peoples and local communities, whereas it has beenexpressly decided not to limit the scope of this Working Group to article 8j).

Having said this, Mr. Chairperson, at this opportunity we would like to make a number ofrecommendations and proposals:

1. To continue the Working Group on article 8j) and related provisions, as a mechanism of contactbetween Indigenous Peoples and the CBD process, with a mandate to develop a more detailedwork program and to monitor its implementation; however, with improved Indigenousparticipation in this Working Group.

2. To provide all the necessary logistical resources for our full and effective participation. Weespecially require simultaneous interpretation, as a minimum, in the official languages of theUnited Nations during all sessions of the Working Group and the sub-working groups. We thinkthat this is just a minimal demand because the languages that Indigenous delegates speak best, arethose of our respective peoples.

3. To establish an Indigenous clearing house mechanism under the CBD.4. To maintain the liaison group between Indigenous Peoples and local communities and the

Secretariat of the Convention, based however, on a composition according to the criteria ofrepresentation defined by the International Indigenous Forum. We will develop the terms ofreference for this liaison group.

5. To appoint Indigenous co-chairs for the two sub-working groups.6. To have Indigenous participation with voice and vote in all contact groups, drafting groups,

discussion groups and decision-making bodies during all sessions of the Working Group.7. To secure funding for the Working Group for its future sessions within the regular budget of the

CBD.8. To articulate the role of Indigenous women as an integral component at every stage of the CBD

process and within every element of the program of work.9. To urge the Working Group to consider in its future sessions in an integral way, the themes of

traditional knowledge, legal regimes and other appropriate mechanisms for protection oftraditional knowledge, intellectual property rights, human rights, customary rights, trade, tourism,protected areas, etc. Likewise, we need an integral approach to the process within the WTO,WIPO, and other bodies and instruments.

Finally, Mr. Chairperson, we insist that the report of the Working Group meeting be adopted byconsensus where the voice of the Indigenous caucus is taken into account. Also, as long as there are nomechanisms for effective and full protection of our rights, we will call for a moratorium on theillegitimate access and use of genetic resources and traditional knowledge.

Thank you Mr. Chairperson.

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27 – 31 march 2000

Seville, Spain

Statement by the IV International Indigenous Forum on BiodiversityClosing Plenary31 march 2000

Mr. Chair, Distinguished Participants of this Working Group:

In name of the Indigenous Organisations participating in this Working Group, we would like to expressour recognition for having improved the mechanisms of participation of the representatives of IndigenousPeoples in this first Working Group on Article 8 (j) and Related Provisions.

We would like here to communicate some of the concerns of Indigenous representatives that are notreflected in the final documents of this first Working Group and that were discussed during the two sub-working groups of this meeting. These concerns are priority issues for Indigenous Peoples throughout theworld and we request that these be corrected and included in the final recommendations resulting fromthis Working Group, to be presented to the COP5 in May 2000 in Nairobi, Kenya. These concerns are thefollowing:

Mr. Chair:

1) We manifest that the International Indigenous Forum on Biodiversity, constituted since COP3 inBuenos Aires, is the contact group among Indigenous Peoples for dealing with aspects related toBiodiversity.

2) ILO Convention 169, a legally binding instrument recognized under international law, should beconsidered as the basis to guide the principles of Indigenous rights underlying discussions onArticle 8 (j) and related provisions.

3) We demand the Parties to the CBD and all governments to use the expressions “IndigenousPeoples and local communities” as has been used in the Ramsar Convention, as well as in severalinternational instruments and fora, as we have self-identified ourselves.

4) We require recognition of our rights to land and to our territories as a fundamental base, not onlymaterially but spiritually, for the survival of our peoples, the conservation of biodiversity, and theprotection of Indigenous knowledge. These elements sustain our identity and constitute ourcultural patrimony with respect to our Mother Earth.

Finally, we request the full participation of our Indigenous representatives throughout the entire meetingof COP5 to be held in Nairobi, and to this end, the provision of the necessary logistic and financial means(such as have been detailed in our opening statement to this meeting). Financing for our participationshould be provided for under the regular budget of the Secretariat, as well as considering the possibleestablishment of a Voluntary Fund, taking into account as a possible model the current Voluntary Fundfor Indigenous Populations of the United Nations, as guided by ECOSOC resolution 1995/32.

We also ask that the Secretariat of the CBD provide all necessary information in the six official languagesof the United Nations well ahead of the meeting, as well as throughout the discussion processes in orderto guarantee the full and effective participation of all Indigenous delegates.

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Notwithstanding these remarks, Mr. Chairperson, we express our great appreciation for the positive andconstructive attitude and the co-operation of the Parties, Secretariat and Bureau, Governments, NGOs,and other participants in this meeting. We trust that this constructive attitude will be the basis for acontinued partnership between Indigenous Peoples and local communities and the process under theConvention, characterised by our full and effective participation.

Thank you, Mr. Chair.

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27 – 31 march 2000

Seville, Spain

Annex I

RECOMMENDATIONS ADOPTED BY THE AD HOC OPEN-ENDED INTER-SESSIONALWORKING GROUP ON ARTICLE 8j) AND RELATED PROVISIONS OF THE CONVENTION

ON BIOLOGICAL DIVERSITY AT ITS FIRST MEETING

1/1. Application and development of legal and other appropriate forms of protection for theknowledge, innovations and practices of Indigenous and local communities

The Ad Hoc Open-ended Inter-Sessional Working Group on Article 8j) and Related Provisions ofthe Convention on Biological Diversity recommends that the Conference of the Parties:

1. Emphasizes once again the need for case-studies developed in conjunction withIndigenous and local communities requested in paragraphs 10 (b) and 15 of its decision IV/9, to enable ameaningful assessment of the effectiveness of existing legal and other appropriate forms of protection forthe knowledge, innovations and practises of Indigenous and local communities;

2. Requests the Executive Secretary to review activities relating to the knowledge,innovations and practices of Indigenous and local communities being undertaken by United Nationsorganizations and agencies and other relevant bodies, including Indigenous, local and regionalorganizations and activities, with a view to identifying areas of complementarities and synergy andmechanisms for promoting coordination and mutual supportiveness of activities aiming at implementingArticle 8j) of the Convention;

3. Reaffirms the importance of making Article 8j) and related provisions of the Conventionand provisions of international agreements related to intellectual property rights mutually supportive;

4. Recognizes the importance of sui generisand other appropriate systems for the protectionof traditional knowledge of Indigenous and local communities and the equitable sharing of benefitsarising from its use to meet the provisions of the Convention on Biological Diversity, taking into accountthe ongoing work on Article 8j) and related provisions, and transmit its findings to the World TradeOrganization and the World Intellectual Property Organization, as suggested in paragraph 6 (b) ofrecommendation 3 of the Inter-Sessional Meeting on the Operations of the Convention;

5. Invites Parties and other Governments to review or, as appropriate, develop, with theparticipation of Indigenous and local communities, national, regional and international legislation or othermeasures, including sui generis, interim and other appropriate systems for the protection of theknowledge, innovations and practices of Indigenous and local communities as appropriate incorporatingthe elements recommended by the Panel of Experts on Access and Benefit-sharing;

6. Further invites Parties and other Governments to exchange information and shareexperiences regarding, national legislation and other measures for the protection of the knowledge,innovations and practices of Indigenous and local communities;

7. Recognizes that the maintenance of knowledge, innovations, and practices of Indigenousand local communities is dependent on the maintenance of cultural identities and the material base that

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sustains them and invites Parties and Governments to take measures to promote the conservation andmaintenance of such identities;

8. Requests Parties to support the development of national registers of traditionalknowledge, innovations and practices of Indigenous and local communities embodying traditionallifestyles relevant for the conservation and sustainable use of biological diversity through participatoryprogrammes and consultations with Indigenous and local communities, taking into account the principlesof strengthening legislation, customary practices and traditional systems of resource management, such asthe protection of traditional knowledge against unauthorized use;

9. Invites Parties to ensure the participation of Indigenous and local communities in thenegotiation of the conditions for the access and utilization of their knowledge, innovations and practices,including, inter alia, their prior informed consent.

1/2. Development of a programme of work on Article 8j) and related provisions of the Conventionon Biological Diversity

The Ad Hoc Open-ended Inter-Sessional Working Group on Article 8j) and Related Provisions ofthe Convention on Biological Diversity recommends that the Conference of the Parties:

Recalling its decision IV/9,

Noting the need for a long-term approach to the programme of work on implementation ofArticle 8j) and related provisions, within a vision to be elaborated progressively, in line with the overallobjectives set out in Article 8j) and related provisions,

Recognizing the need to respect, preserve and maintain knowledge, innovations and practices ofIndigenous and local communities embodying traditional lifestyles relevant for the conservation andsustainable use of biological diversity and promote their wider application,

Noting also that the methods of implementation of Article 8j) and related provisions differ amongregions and countries in approach and capacity,

Further noting the linguistic and cultural diversity among Indigenous and local communities aswell as differences in their capacities,

Further noting that there are existing international agreements, intellectual property rights, currentlaws and policies that May have influence on the implementation of Article 8j) and its related provisions,

Emphasizing the fundamental importance of ensuring the full and effective participation ofIndigenous and local communities in the implementation of Article 8j) and related provisions,

Recognizing the vital role that women play in the conservation and sustainable use ofbiodiversity, and emphasizing that greater attention should be given to strengthening this role and theparticipation of women of Indigenous and local communities in the programme of work,

Noting, the importance of integrating with the full and effective participation of Indigenous andlocal communities the work on Article 8j) and related provisions into national, regional and internationalstrategies, polices and action plans,

Noting existing declarations by Indigenous and local communities to the extent they relate to theconservation and sustainable use of biodiversity, including, inter alia, the Kari Oca Declaration, theMataatua Declaration, the Santa Cruz Declaration, the Leticia Declaration and Plan of Action, the Treatyfor Life Forms Patent Free Pacific, the Ukupseni Kuna Yala Declaration, the Heart of the Peoples

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Declaration on Biodiversity and Biological Ethics, the Jovel Declaration on Indigenous Communities,Indigenous Knowledge and Biodiversity, the Chiapas Declaration, other relevant declarations andstatements of Indigenous Forums, as well as Convention 169 of the International Labour Organization,Agenda 21 and other relevant international conventions,1. Endorses the programme of work annexed to the present decision, which shall be subject toperiodic review during its implementation;2. Urges Parties, other Governments and relevant organizations, to promote and implement thisprogramme of work and to integrate the tasks identified into their ongoing programmes taking intoaccount the identified collaboration opportunities;3. Requests Parties, other Governments and relevant organizations to take full account of existinginstruments, guidelines, codes and other relevant activities in the implementation of the programme ofwork;4. Recognizes the proposals for action on traditional forest-related knowledge of theIntergovernmental Panel on Forests/Intergovernmental Forum on Forests as an important part of this workprogramme;5. Requests Parties, other Governments, the financial mechanism and other international, regionaland national organizations to provide appropriate financial support for the implementation of theprogramme of work;6. Requests the Executive Secretary to facilitate the integration of the relevant tasks of theprogramme of the work in the future elaboration of the thematic programmes of the Convention;7. Decides to extend the mandate of the Ad Hoc Open-ended Inter-Sessional Working Group onArticle 8j) and Related Provisions of the Convention on Biological Diversity to review progress in theimplementation of the programme of work and to report to the Conference of the Parties;8. Recognizes the importance of the role of women in Indigenous and local communities andrequests Parties, other Governments, subsidiary bodies of the Convention, the Executive Secretary andrelevant organizations, including Indigenous and local communities, when implementing the programmeof work contained in the annex to the present decision and other relevant activities under the Conventionto fully incorporate women and women’s organizations in the activities;9. Urges Parties and other Governments, international organizations and organizations representingIndigenous and local communities to examine ways and means to establish guidelines at national andinternational levels to promote equitable sharing of benefits arising from the utilization of knowledge,innovations and practices of Indigenous and local communities,

10. Urges Parties and other Governments and, as appropriate, international organizations, andorganizations representing Indigenous and local communities, to facilitate the full and effectiveparticipation of Indigenous and local communities in the implementation of the Convention and to thisend:

(a) To provide opportunities for Indigenous and local communities to identify their capacityneeds, with the assistance of Governments and others if they so require;

(b) Include, in proposals and plans for projects carried out in Indigenous and localcommunities, funding requirements to build the communications capacity of Indigenous and localcommunities to facilitate dissemination and exchange of information on traditional knowledge,innovations and practices;

(c) Provide for sufficient capacity in national institutions to respond to the needs ofIndigenous and local communities related to Article 8j) and related provisions,

(d) Strengthen and build capacity for communication among Indigenous and localcommunities, and between Indigenous and local communities and Governments, at local, national,regional and international levels, including with the Secretariat of the Convention on Biological Diversityand using the clearing-house mechanism, with direct participation and responsibility of Indigenous andlocal communities;

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(e) Use other means of communication in addition to the Internet, such as newspapers,bulletins, and radio, and increasing the use of local languages;

(f) Provide case-studies on methods and approaches for the recording the knowledge,innovations and practices of Indigenous and local communities and for controlling such records.

Annex

PROGRAMME OF WORK ON THE IMPLEMENTATION OF ARTICLE 8j) AND RELATEDPROVISIONS OF THE CONVENTION ON BIOLOGICAL DIVERSITY

Objectives

The aim of this programme of work is to promote in the framework of the Convention a justimplementation of Article 8j) and related provisions, at local, national, regional and international levelsand to ensure the full and effective participation of Indigenous and local communities at all stages andlevels of its implementation.

I. GENERAL PRINCIPLES

1. Full and effective participation of Indigenous and local communities in all stages of theidentification and implementation of the elements of the programme of work.

2. Full and effective participation of women of Indigenous and local communities in all activities ofthe programme of work.

3. Traditional knowledge should be valued, given the same respect and considered as useful andnecessary as other forms of knowledge.

4. A holistic approach consistent with the spiritual and cultural values and customary practices ofthe Indigenous and local communities and their rights to have control over their traditionalknowledge, innovations and practices.

5. The ecosystem approach is a strategy for the integrated management of land, water and livingresources that promotes conservation and sustainable use of biological diversity in an equitableway.

II. TASKS OF THE FIRST PHASE OF THE PROGRAMME OF WORK

Element 1. Participatory mechanisms for Indigenous and local communities

Task 1. Enhance and strengthen, with the approval and participation of Indigenous and localcommunities, the capacity of those to control and be effectively involved in the decision-making relatedto the use of their knowledge, innovations and practices relevant to the conservation and sustainable useof biological diversity, subject to their prior informed consent.

Task 2. Develop mechanisms, guidelines, legislation and other appropriate initiatives to foster andpromote the effective participation of Indigenous and local communities in decision-making, policyplanning and development and implementation of the conservation and sustainable use of biologicalresources at international, regional, subregional, national and local levels, including access andbenefit-sharing and the designation and management of protected areas, taking into account the ecosystemapproach.

Task 3. On the request of the Executive Secretary, Parties and other Governments, with the fullparticipation of Indigenous and local communities, would establish a roster of experts based on themethodologies used for that purpose by the Conference of Parties, so that the experts support theimplementation of this programme of work.

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Task 4. Develop mechanisms for promoting the full and effective participation of women ofIndigenous and local communities in all elements of the programme of work, taking into account the needto:

(a) Build on the basis of their knowledge,

(b) Strengthen their access to biological diversity;

(c) Strengthen their capacity on matters pertaining to the conservation, maintenance andprotection of their biological diversity;

(d) Promote the exchange of experiences and knowledge;

(e) Document and preserve their knowledge and biological diversity.

Element 2: Status and trends in relation to Article 8j) and related provisions

Task 5. The Executive Secretary to prepare, for the next meeting of the Ad Hoc Working Group, anoutline of a composite report on the status and trends regarding the knowledge, innovations and practicesof Indigenous and local communities, and a plan and a timetable for its preparation, based, inter alia, onadvice submitted by Parties, other Governments, Indigenous and local communities and other relevantorganizations regarding sources and availability of information on these matters. Parties, otherGovernments and Indigenous and local communities and other relevant organizations to submit theinformation and advice to address the requirements of this task and to Parties include in their nationalreports the current state of implementation of Article 8j).

Element 3: Traditional cultural practices for conservation and sustainable use

Task 6. The Ad Hoc Working Group to develop guidelines for the respect, preservation andmaintenance of traditional knowledge, innovations and practices and their wider application inaccordance with Article 8j).

Element 4. Equitable sharing of benefits

Task 10. The Working Group develop guidelines for the development of mechanisms, legislation orother appropriate initiatives to ensure: (i) that Indigenous and local communities atttain a fair andequitable share of benefits arising from the use and application of their knowledge, innovations andpractices; (ii) that private and public institutions interested in using such knowledge, practices andinnovations obtain the prior informed consent of the Indigenous and local communities; (iii) advance theidentification of the obligations of countries of origin and Parties where such knowledge, innovations andpractices and the associated genetic resources are used.

Element 5: Exchange and dissemination of information

Task 11. Identification of a focal point within the clearing-house mechanism to liaise with Indigenousand local communities.

Element 6: Monitoring elements

Task 14. The Working Group to develop, in cooperation Indigenous and local communities, guidelinesand recommendations for the conduct of cultural, environmental and social impact assessments regardingany development proposed to take place on sacred sites and on lands or waters occupied or used byIndigenous and local communities. The guidelines and recommendations should ensure the participationof Indigenous and local communities in the assessment and review.

Task 15. Develop standards and guidelines for the reporting and prevention of illicit appropriation oftraditional knowledge and related genetic resources.

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Element 7. Legal elements

Task 16. The Working Group assess existing national and international instruments, particularlyintellectual property rights instruments, that May have implications on the protection of the knowledge,innnovations and practices of Indigenous and local communities, with a view to ways of possibleharmonization of these instruments with the objectives of Article 8j).

Task 17. Develop guidelines that will assist Parties and other Governments in the establishment of legalinstruments to implement Article 8j) and its related provisions (which could include sui generis systems),and definitions of key terms and concepts, at international, regional and national levels, that recognize,safeguard and fully guarantee the rights of Indigenous and local communities to have control over theirtraditional knowledge, practices, innovations, cultural heritage and customs, in countries of origin anduse, within the context of the Convention. This work shall take into account, and as far as possible becarried out in collaboration with other relevant organizations, including th e World Intellectual PropertyOrganization (WIPO).

III. TASKS OF THE SECOND PHASE OF THE PROGRAMME OF WORK


Task 7. Develop a set of guiding principles and standards to strengthen the use of traditionalknowledge and other forms of knowledge for the conservation and sustainable use of biological diversity,taking into account the role that traditional knowledge can play with respect to the ecosystem approach, insitu conservation, taxonomy, biodiversity monitoring and environmental impact assessments in allbiodiversity sectors.

Task 8. Develop guidelines and proposals for the establishment of national incentive schemes forIndigenous and local communities to preserve and maintain their traditional knowledge, innovations andpractices and for the application of such knowledge, innovations and practices in national strategies andprogrammes for the conservation and sustainable use of biological diversity.

Task 9. Develop guidelines that would facilitate repatriation of information, including culturalproperty, in accordance with Article 17, paragraph 2, of the Convention on Biological Diversity in orderto facilitate the recovery of traditional knowledge of biological diversity.

Element 5: Exchange and dissemination of information

Task 12. Identify, compile and analyse, with the participation of Indigenous and local communities,existing and customary codes of ethical conduct to guide the development of models for codes of ethicalconduct for research, access to, use, exchange and management of information concerning traditionalknowledge, innovations and practices for the conservation and sustainable use of biological diversity.

Element 6: Monitoring elements

Task 13. Develop, in cooperation with Governments and Indigenous and local communities, methodsand criteria to assist in assessing the implementation of Article 8j) and related provisions at theinternational, regional, national and local levels, and reporting of such in national reports in conformitywith Article 26.

IV. WAYS AND MEANS

The Executive Secretary to develop, in consultation with Indigenous and local communities,Parties, other Governments, and relevant international organizations, a questionnaire, as a basis for theprovision of information concerning: (i) existing instruments and activities relevant to the tasks of theprogramme of work; (ii) gaps and needs concerning the guidelines referred to in task 6 above; and(iii) priorities for the further development of the programme of work.

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The Executive Secretary to solicit information from Parties, other Governments, Indigenous andlocal communities and other relevant organizations, in preparation for consideration by tasks 7, 8, 9, 12and 13 in a second phase of the work programme.

The Executive Secretary to consult with and invite relevant international organizations tocontribute to the implementation of this programme of work, also with a view to avoiding duplication andto encouraging synergies.

Parties, other Governments, the financial mechanism and other international, regional andnational organizations to provide appropriate financial support for the implementation of the programmeof work.

1/3. Measures to strengthen cooperation among Indigenous and local communities at theinternational level

The Ad Hoc Working Group on Article 8j) and Related Provisions of the Convention onBiological Diversity recommends that the Conference of the Parties:

1. Emphasizes the need for Parties to increase the participation of representatives ofIndigenous and local community organizations in official delegations to meetings held under theConvention on Biological Diversity and, in order to facilitate traditional approaches to networking,decision-making and consensus-building on the issues to be discussed, to allocate sufficient time andresources for Indigenous and local community participants to meet together beforehand;

2. Requests that Parties, with due regard to their national legislation, strengthen ongoinginternational cooperation among Indigenous and local communities and assist them in identifying othernetworking opportunities that would facilitate the implementation of the programme of work onArticle 8j), including through the organization of meetings on relevant topics, the provision of adequatefinancial support, communications projects (for example, radio and newsletters), and the development ofcollaborative and capacity-building projects addressing thematic areas and cross-cutting issues from theperspective of Indigenous and local communities;

3. Emphasizes the need for arrangements controlled and determined by Indigenous and localcommunities, to facilitate cooperation and information exchange among Indigenous and localcommunities, for the purposes of, inter alia, helping to ensure that such communities are in a position tomake informed decisions on whether or not to consent to the release of their knowledge, and, in thisrespect:

(a) Requests the Executive Secretary, with the expertise of the clearing-house mechanism, tocooperate closely with Indigenous and local communities to explore ways in which such needs May bestbe addressed;

(b) Invites Parties to consider ways and means of providing the necessary resources to enablethe Secretariat to undertake the above-mentioned tasks;

5. Requests the Executive Secretary to compile information on existing initiativesundertaken or commenced by Indigenous and local communities embodying traditional lifestyles relevantto the conservation and sustainable use of biological diversity with a view to:

(a) Better articulating and understanding barriers and support-mechanisms for ongoingcooperation among Indigenous and local communities;

(b) Increasing the respect and worth of Indigenous and local community initiatives; and

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(c) Fostering trust between such communities and others;

6. Requests Parties to strengthen the capacity of Indigenous and local communities topromote their full and effective participation in the development and implementation of nationalbiodiversity strategies and action plans and other activities carried out under the Convention;

7. Further requests Parties, international financial institutions and the Global EnvironmentFacility to explore ways of providing necessary funding for these activities.

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FIFTH CONFERENCE OF THE PARTIES15 – 26 May 2000

Nairobi, Kenya

Statement by the V International Indigenous Forum on BiodiversityOpening Statement

15 May 2000

Mr. Chairman,

First of all we would like to congratulate you on your election as Chairman of this conference. Asa Kenyan I would like to thank the government for hosting this event and for the warm hospitalityexpressed to the Indigenous Peoples delegates from around the world.

My name is Lucy Mulenkei of the Maasai People and I am speaking to you as the representativeof the V International Indigenous Forum on Biodiversity.

The Indigenous Peoples of the V International Indigenous Forum on Biodiversity send theirgreetings to all those participating in COP5 of the Convention on Biological Diversity and present thefollowing declaration.

Indigenous Peoples and local communities play a fundamental role in the maintenance,conservation and protection of biodiversity. Our elders who are the guardians of our knowledge andcultural values from generation to generation teach us that the people and the land are one. Themaintenance and protection of our traditional knowledge is inseparable from the recognition andprotection of our territories.

In this respect, we wish to express the following recommendations:

1. That Parties support the continuation of the Ad Hoc Open-Ended Inter-Sessional Working Group onArticle 8 (j) and related provisions and provide adequate financial resources to implement itsProgramme of Work and fulfil its mandate;

2. That the Parties guarantee the full and effective participation of Indigenous Peoples and localcommunities in all of the processes of the Convention. Under the mechanisms decided by theIndigenous Forum and with specific reference to this Fifth Meeting of the COP, we ask formeaningful participation in the plenary and contact groups;

3. Given the cross-cutting nature of Indigenous knowledge we recommend adequate coordination withother international instruments and organisms relating to human rights, intellectual property rightsand the environment.

4. That in accordance with the preamble of the Convention, the Parties recognise the fundamental rolesplayed by women from Indigenous and local communities in the conservation and maintenance ofbiodiversity;

5. That the COP support the establishment of Indigenous communication networks and clearinghousemechanisms that will interact with the CHM of the Convention on Biological Diversity;

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6. That the COP adopt a resolution recommending to the Parties a moratorium on all bio-prospectingactivities in the territories of Indigenous Peoples until appropriate guarantees exist to protecttraditional knowledge;

Thank-you, Mr. Chairman.

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Nairobi, Kenya

Statement by the V International Indigenous Forum on BiodiversityClosing Statement

26 May 2000

Agenda item: PLENARYConcerning article 8j and related provisions.Reference Document: UNEP/CBD/COP/5/1.Add.2

Intervention by Esther Camac on behalf of the International Indigenous Forum on Biodiversity, inparticular relation to Agenda Item 18.4. Article 8j) and related provisions.

Thank you Madam Chair, for the opportunity to address this forum.

Elders, distinguished delegates, brothers and sisters, dear friends.

My name is Esther Camac I am speaking on behalf of the International Indigenous Forum on BiologicalDiversity.

I commence here today by acknowledging the Traditional owners of this land we are now gathered on. Ido this not as hollow gesture but as tribute to their culture, their beautiful lands and their survival. Wewish them PEACE and Prosperity and we wish it soon, with all the warmth of our collective hearts.

Welcome to this historic day and this historic week.

I say historic, in the sense that it will be a day that future generations will look back upon as one of thelandmark steps towards saving our wonderful biological diversity and indeed saving our very planet.

I wish to take this opportunity to express a great deal of satisfaction with positive responses to Article 8j)and related provisions. Over the years, the work of Indigenous Peoples and in particular the Secretariat onthe Convention on Biological Diversity has resulted in a growing awareness of Indigenous Peoples andour related issues.

Once marginalised in United Nations processes, now we find that we are invited to the table when issuesrelevant to us are discussed. We do not come here as equal partners in the game, but perhaps at somefuture time, even that May be possible.

Terms such ascollective traditional knowledge, intergenerational transfer, customary lawand evenIndigenous intellectual propertyare now in common use. The international community recognises theimportance of building an international legal system that protects all the peoples of our mother earthequally and not just some of us.

In our final statement for COP 5, we wish to take this opportunity to briefly note particular issues that arevital to us as Indigenous Peoples. Whilst not unhappy with our hard-won negotiated outcomes, many ofthese issues have not been articulated to our full satisfaction. We therefore respectfully use thisopportunity to re-emphasize these principals.

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Of primary importance to Indigenous Peoples is the recognition of Indigenous territories. Our lands areinseparable from our very identities.

Our concerns over the rape, pillage and plundering of our Earthly Mother demands that we call for aMoratorium on Bio-prospecting and the access and use of traditional knowledge until such time that ourcultural heritage is fully protected under national and international laws.

On that note, of primary importance to Indigenous Peoples is the on-going participation in thedevelopment of international and national policies and laws on Biological Diversity, including access togenetic resources and the protection of traditional knowledge. We firmly believe that favourableoutcomes in regards to participation, must include the right to deny access to genetic resources andtraditional knowledge, and the right to fair and equitable benefit sharing where Indigenous Peoples, agreeto such access. We must make it clear that it is our desire and our right to have full control over ourresources.

Also of practical importance is commitment and support from the UN, NGOs and Nation States,particularly financial support to ensure full and effective participation of Indigenous Peoples at everylevel of the above processes

We also reiterate our right of Prior Informed Consent, the same right that is afforded to non-IndigenousPeoples in regards to their individual intellectual property. Protection of our traditional knowledge isreliant on the full legal recognition (and protection) of our collective rights.

We stand by the principal of a Rights based approach to social justice – recommending theDraftDeclaration on the Rights of Indigenous Peoples, as the most up to date articulation of our rights as seenby Indigenous Peoples. And we welcome the establishment of the Permanent Forum for IndigenousPeoples with ECOSOC.

Of particular importance to our peoples is the full recognition and participation of Indigenous women, ineverything we do, for we are the nurturers of life. Our affinity with our Mother Earth is a key strength forall our peoples.

We are concerned about the enormous damage that has already been done to our knowledge systems andwill watch with interest the development of calls for retrospectivity of mechanisms proposed fordevelopment.

Retrospectivity is particularly important in regards to ex-situ collections acquired before the developmentof effective mechanisms for protection.

Also of importance is the understanding of the linkages between access to genetic resources and Article8j) and related articles of the Convention on Biological Diversity.

Our ability to proudly celebrate our achievements will be haunted and undermined by these issues ofunfinished business between Indigenous Peoples and others.

All these things point to the unfinished business in saving this Earth for future generations.

What the International Indigenous Forum presents here today to heads of the governments, is a light toshow us the path towards the resolution of our unfinished business.

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But Indigenous Peoples can only light the way. We cannot deliver the results on the issues that ithighlights. It is for governments to commit to finding the lighted path that will save this earth with all itscultural and biological diversity.

The hour has come.

(Will we again see, as so often in the past, that there is only token action or no action at all. Or will we seea new spirit leading to a true healing.)

Our struggle for Indigenous human rights and equality is bound up inextricably with you, what you do tous, you do to yourselves, for all is interconnected.

Our freedom to be Indigenous, on our terms, is your freedom.

In closing, I wish to congratulate the Secretariat of the Convention on Biological Diversity and theConference of Parties (5) for their outstanding work in raising the profile of Indigenous issues.

We also thank those countries, especially the African countries for supporting 8j) and the work-plan. Wealso call for the full and proper recognition of the Indigenous Peoples of Africa in all their diversity,beauty and splendour. And we reject poverty – it is the worst form of violence against humanity.

We urge you all to continue the good work that has been started here in regards to the full and effectiveimplementation of 8j), respectfully reminding all, that this work needs to be carried out with the (full andeffective) participation of Indigenous Peoples.

The International Indigenous Forum on Biological Diversity and I remain firmly committed to theseprocesses to save our bio-diversity and our planet and believe in the value of this process for all people/s.

In years to come, ladies and gentlemen, we will be reminded of this historic occasion. And I will lookback and remember how privileged I was to share so significantly in this day with you.

On this very special day of ours, I hope that you will remember that an Indigenous woman, weary of alifetime of human rights struggle, spoke to you about these important issues.

We believe that our work here today is a healing salve for the woes of this ravaged land for make nomistake – the Earth is on Fire !

We believe in you and we have extended our hand to all people/s.

Those who take our hands are those that dare dream of an Earth that could be.

Through the healing we can find answers to our problems and become as one in the dreaming of thisEarth.

What a rich and valuable heritage to leave all our children

Will you take our hand?

Will you dare to share our dream?

Thank you for listening to me today.

30


Nairobi, Kenya

Document by the V International Indigenous Forum on BiodiversityWorking Group on Article 8j and related provisions.

Programme of work on the implementation of Article 8j and related Provisions of theConvention on Biological Diversity

19 May 2000

In general there is consensus amongst Indigenous Peoples in regards to the maintenance of the WorkProgramme and where possible, the strengthening of the elements and tasks.

Objectives

Supported

The COP should guarantee the full and effective participation of Indigenous Peoples with all theprogressive processes of the CBD. The Indigenous Forum should be recognised as the mechanism inrelation to the COP.


Supported

There is consensus within the International Indigenous Forum for the General Principles of theProgramme of Work on the implementation of Article 8 (j) and related provisions with the inclusion ofthe following.

• Recognition of the collective character of traditional knowledge and profound relationship with theland and Indigenous territories.

• The principal of free and prior informed consent on mutually agreed terms should be a fundamentalprinciple.


Element 1 Participatory Mechanisms for Indigenous and Local Communities

Priority – Very High

Task 1

Supported

Indigenous Peoples believe that the words “control”” and “prior informed consent” need to be maintainedand the Parties should consider adding the words “on mutually agreed terms” following “prior informedconsent”.

31

Task 2

Supported

Indigenous Peoples believe that in line 5, after “taking into account”, the words “Indigenous territoriesand” should be added.

Task 3

Supported

This task should include recognition (and support) of the International Indigenous Forum as themechanism between Indigenous Peoples and the Conference of Parties

The experts should be Indigenous specialists selected in coordination with the traditional authorities andorganisations of the Indigenous Peoples.

Task 4

Supported

Noting the vital role of women in the conservation of biological diversity, in the Preamble of theConvention on Biological Diversity.

During the Ad Hoc Working Group on Article 8j) in Seville, Indigenous women requested that this taskbe elevated to a new ‘Element’. This is not reflected in UNEP/CBD/COP/5/1/Add.2.

There are also problems of translation.

Please note:

4(a) in English reads ‘Build’ and in Spanish reads ‘Exploit’.4(e) reads ‘Documents and preserve their knowledge and biological diversity’ – Indigenous women donot agree with this and it did not form part of our original intervention, which said ‘develop culturallyappropriate and gender specific ways in which to document and preserve women’s knowledge andprotecting biodiversity.’

Indigenous women respectfully request that this task be upgraded to an element and that the originalwording be used.

Element 2: Status and trends in relation to Article 8j) and related provisions.

Priority- High

Task 5

Supported


Priority – High

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Task 6

Supported.

Please consider strengthening this task by inserting ‘enforceable’ before guidelines.

Element 4: Equitable sharing of benefits

Priority-High

Task 7

Supported and linked to Element 7 – Legal Elements.

Strengthen in order to ensure that benefit sharing must include the right to say ‘no’ and retain Indigenousknowledge, innovations and practices associated with biological diversity (including genetic resources).

Element 5: Exchange and Dissemination of Information.

Priority-Very High

Task 8

Supported subject to:

In order to ensure the full implementation of this task we propose that that the term focal points should bereplaced by Indigenous regional and national coordination and communication centres in accordance withthe Opening Statement of the Indigenous Forum at COP5

Please Note:

Considerable problems have arisen as a result of significant differences in official translations of COPDocuments in English, Spanish and French.

Element 6: Monitoring Elements

Priority-Very High

Tasks 9 and 10


The establishment of recommendations and guidelines for monitoring of Article 8 (j) is vital. It must benoted that monitoring is a very high priority in order to evaluate progress. Furthermore that clearmechanisms should be established for the full and effective participation of Indigenous Peoples withinmonitoring and evaluation. This must not be confined to social and environmental impact assessments .We desire full and effective participation and clear mechanisms for participation in this vital area.

Element 7: Legal Elements

Priority-Very High

Tasks 11 and 12

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Supported

Noting that the Objectives of the Programme of Work of Article 8j) are:

…..to promote in the framework of the Convention a just implementation of Article 8j) andrelated provisions, at local, national, regional and international levels and to ensure the full andeffective participation of Indigenous and local communities at all stages of its implementation.

Considering the terms ‘just implementation’, it should be emphasised that Indigenous Peoples require thatthis task focuses on ‘protection’. It is important that recognition be given to Indigenous cultural rightsconcerning biological diversity, as well as Indigenous economic rights in regards to this issue.

A legal research programme of work should prioritise critiquing of existing of existing legal measures,recommendations regarding legal reform, including the recognition of Customary Law and the duality oflegal systems under which Indigenous Peoples find ourselves living and the examination anddevelopment of sui generis legal regimes that adequate address our issues where current legal systems donot.

This work needs to be carried out with the full and effective participation of Indigenous Peoples.


Element 3:Traditional cultural practices for conservation and sustainable use.

Priority-Moderate

Task 13


We have considerable reservations with respect to the reference to taxonomy within this task.

We believe that in addition to focusing on taxonomy this task should focus on the underlyingcauses of the loss of Indigenous knowledge related to the conservation and sustainable use of biodiversity.

This task should be informed by the results of the analysis of the underlying causes of the loss oftraditional knowledge contemplated in Element 2, Task 5, relative to status and trends and the guidelinesfor the respect, preservation and maintenance of traditional knowledge within Element 3, Task 6.

Task 14


The inclusion of ‘with the full and effective participation of Indigenous Peoples’.

Task 15


Indigenous Peoples are extremely interested in developing effective retrospective measures in regards torepatriation of information including cultural property, traditional knowledge, and collections such asdata-bases and research.

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Element 5: Exchange and dissemination of Information

Priority-Moderate

Task 16


Indigenous Peoples believe that such guidelines need to be legally enforceable.

Element 6: Monitoring Elements

Priority-Moderate

Task 17


Indigenous Peoples believe there is a need for National Governments to fund independent representativeIndigenous Organizations (NGOs) to provide a balanced view to National reports.

IV. WAYS AND MEANS

In order to guarantee the full and effective participation of Indigenous Peoples and localcommunities a financial mechanism should be established within the general budget of the Convention inorder to ensure our participation with the intersessional meetings and the COP. The Parties, othergovernments, the financial mechanism and other international, regional and national organisations shouldalso provide sufficient financial support for the full and effective participation of Indigenous Peoplesthroughout the process of the implementation of the programme of work as well as for the adequatefunctioning of the Working Group.

Additional Aspects with respect to the Mandate and meetings of the Working Group:

We support the proposal for the extension of the mandate for the Ad Hoc Inter-Sessional WorkingGroup of open composition on Article 8 (j) and related provisions of the Convention in accordance withdecision 7.

The Working Group on Article 8 (j) should meet in accordance with decision 4/9.

35


Nairobi, Kenya

V INTERNATIONAL INDIGENOUS FORUM ON BIODIVERSITY14 –15 May 2000

Nairobi, Kenya

Guidelines on the subject of Access to Genetic Resources and Benefit Sharing

I. GENERAL CONSIDERATIONS

As we all know, before the adoption of the Convention on Biological Diversity (CBD), genetic resourceswere considered as heritage of humankind and their access was readily available. But the CBD declaresthat genetic resources belong to the States and it is them who have to adopt legal and administrativemeasures in terms of their access.

Regulation of the access to genetic resources is a process which has just recently started, so there are notmany appropriate legal precedents, except in countries such as the Philippines, Brazil and the Andeancountries (Decision no. 391), among others.

The CBD has recently established guidelines for the elaboration of political, administrative and legalmeasures as a result of the meeting of the Group of Experts on Access and Benefit-sharing, mentioned indocument UNEP/CBD/COP/5/8 in which, among the other subjects, it is recommended that when nonational legislation has been adopted, the establishment of contractual agreements answering to theConvention objectives. Also, a call is made to the countries to continue working to elaborate appropriatelegal, administrative and political frameworks on access and benefit-sharing.

Access to genetic resources is a priority subject to be discussed under the Fifth Conference of the Parties(COP5) under the CBD. So Indigenous Peoples should follow the official debate with much attention soas to influence the decisions to be adopted.

II. INDIGENOUS PEOPLES’ CONCERNS AND PROPOSALS FOR A PLAN OF ACTION

It is essential that we underline the important contribution of Indigenous Peoples to the basic objectives ofthe Convention on Biological Diversity, as it is the conservation of the resources and their sustainable usethat are the issue. This reasoning must be strongly supported so that Indigenous Peoples be taken intoaccount as active subjects in all the Convention processes.

The reflections proposed on the following elements could help us to orient the Indigenous Forumdiscussions and propose to the COP5 our points of view on the subject of access and benefit-sharing.

1. Adoption of legal, administrative and political measures, including intellectual property rights:

• Legal, administrative and political measures will be viable and applicable if they are elaborated withthe full participation of all the stakeholders. The right to consultation and participation of IndigenousPeoples, as guaranteed in international law, must be respected to facilitate their participation at both

36

levels both national and international. For instance Indigenous representatives participation incompetent national governmental institutions would be a key issue in the protection of Indigenousrights.

• The need to continue making efforts to identifysui generismechanisms for the protection ofIndigenous and local communities’ traditional knowledge. If minimum protection measures are notdeveloped, Indigenous Peoples would be fully entitled to call for a moratorium on the access togenetic resources when related to Indigenous knowledge.

• In fact, many countries which have not implemented adequate laws, have preferred to continue thenegotiations on access through contracts. This is a mechanism which is not suitable for IndigenousPeoples as we will be in a clearly disadvantaged situation due to the lack of information and capacityon technical issues on genetic resources true value, prior informed consent, prior agreed conditions,including intellectual property rights and contractual access agreements.

• Indigenous Peoples could express serious objections about the States continuing their search for legalvacuums in the present systems of intellectual property protection regarding traditional knowledge,because these systems are mainly individually rights-based, are trade-oriented and differ substantiallyfrom collective rights, intrinsic to traditional knowledge.

• We could also emphasize the elements mentioned in Annex VI of the document UNEP/CBD/COP/5/8concerning the elements which asui generisregime for the protection of the Indigenous and localcommunities’ knowledge, innovations and practices should address. From the Indigenous Peoples’point of view, we want to underline some substantial elements which should also be included in thisproposal such as the following:

(i) The need to have Indigenous lands and territories recognized due to their deep relationshipwith biodiversity resources conservation;

(ii) Indigenous Peoples own existence to revitalize traditional knowledge;

(iii) In the process of the adoption of legal measures for the protection of traditional knowledgeand their application, customary use of genetic resources by Indigenous and localcommunities should not be prevented

(iv) We must propose that guidelines on Prior Informed Consent (PIC), must be studied in depthand applied also in the case of Indigenous Peoples to any access request, before givingpermissions when traditional knowledge is involved. We could also propose that differentmodels of PIC should be adopted, as a request for access May be done by many stakeholdersinvolved as owners of genetic resources. In the case of the access to a genetic resource withinan Indigenous territory, where it is at the same time associated to traditional knowledge,Indigenous Peoples themselves are the ones who should establish their own procedurescriteria regarding the PIC.

(v) Present intellectual property rights could have serious implications for the preservation oftraditional knowledge. Thus, it is even more necessary that different regimes are adopted forthe protection of such knowledge. One possibility, which could be studied, is that a co-ownership between the inventor of a product derived from a genetic resource and theIndigenous People who contributed the traditional knowledge is developed, as this couldguarantee an equitable share in the benefits.

• Although Indigenous Peoples have substantially contributed to the objectives of the Convention, it isnecessary that governments adopt more appropriate political and legal measures, so that Indigenous

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Peoples could equitably participate in the benefit-sharing of the genetic resources including thosearising from derived products, so as to incentive conservation. Whether the benefits are monetary ornot is something to be decided upon by the Indigenous Peoples themselves, according to their ownpriorities.

2. Capacity-building:

• Indigenous Peoples and local communities’ full and effective participation in the process ofnegotiation on access, when Indigenous Peoples and local communities’ knowledge, innovations andpractices are involved. Capacity-building is related to all these aspects, especially in the legal andcommercial spheres.

• In order to develop a long term capacity-building process with concrete results, perhaps it would benecessary to work in temporary stages at the Convention Secretariat, at the competent nationalauthorities or any specialized body or institution through cooperation agreements between them andthe representatives of Indigenous Peoples and local communities.

3. Information mechanisms:

• Concerning information mechanisms on access and benefit-sharing, it is necessary to examine theiraccessibility and the available clearing-house mechanisms. Indigenous and local communities Mayoften require easier documents to ensure their comprehension.

• It is further more appropriate that Indigenous Peoples themselves be the ones in charge of thisinformation work. To this end, cooperation agreements with the respective governments and theSecretary of the Convention could be established.

4. Creating synergies with other initiatives:

• There is also a need for the Indigenous Peoples to express their opinions by themselves on thesynergies which must exist, taking the CBD as a basis, with the different processes and otherinstitutions such as, World Intellectual Property Organization, World Trade Organization and FAO.The WTO TRIPs agreements are particularly disturbing as they contravene the very objectives of theConvention as they intend to incorporate as subjects to patenting living animal and vegetable formsand even isolated parts of the human body, ignoring a series of processes already advanced under theCBD.

COICAQuito – Ecuador, 11 May, 2000

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Nairobi, Kenya

Decision V/16

Article 8 j) and related provisions

The Conference of Parties,

Recalling its decision IV/9,

Recognizing the need to respect, preserve and maintain knowledge, innovations and practices ofIndigenous and local communities embodying traditional lifestyles relevant for the conservation andsustainable use of biological diversity and promote their wider application,

Noting the need for a long-term approach to the programme of work on implementation ofArticle 8j) and related provisions of the Convention on Biological Diversity, within a vision to beelaborated progressively, in line with the overall objectives set out in Article 8j) and related provisions,

Emphasizing the fundamental importance of ensuring the full and effective participation ofIndigenous and local communities in the implementation of Article 8j) and related provisions,

Noting the importance of integrating with the full and effective participation of Indigenous andlocal communities the work on Article 8j) and related provisions into national, regional and internationalstrategies, polices and action plans,

Recognizing the vital role that women play in the conservation and sustainable use ofbiodiversity, and emphasizing that greater attention should be given to strengthening this role and theparticipation of women of Indigenous and local communities in the programme of work,

Further noting the linguistic and cultural diversity among Indigenous and local communities aswell as differences in their capacities,

Noting existing declarations by Indigenous and local communities to the extent they relate to theconservation and sustainable use of biodiversity, including, inter alia, the Kari Oca Declaration, theMataatua Declaration, the Santa Cruz Declaration, the Leticia Declaration and Plan of Action, the Treatyfor Life Forms Patent Free Pacific, the Ukupseni Kuna Yala Declaration, the Heart of the PeoplesDeclaration on Biodiversity and Biological Ethics, the Jovel Declaration on Indigenous Communities,Indigenous Knowledge and Biodiversity, the Chiapas Declaration, other relevant declarations andstatements of Indigenous Forums, as well as Convention 169 of the International Labour Organization,Agenda 21 and other relevant international conventions,

Recognizing the role that the International Indigenous Forum on Biodiversity has played since thethird meeting of the Conference of the Parties in addressing the Conference of the Parties on theimplementation of Article 8j) and related provisions,

Reaffirming the importance of making Article 8j) and related provisions of the Convention andprovisions of international agreements related to intellectual property rights mutually supportive,

Further noting that there are existing international agreements, intellectual property rights, currentlaws and policies that May have influence on the implementation of Article 8j) and its related provisions,

39

Noting also that the methods of implementation of Article 8j) and related provisions differ amongregions and countries in approach and capacity,

1. Endorses the programme of work as contained in the annex to the present decision, whichshall be subject to periodic review during its implementation;

2 Decides to implement the programme of work giving priority to tasks 1, 2, 4, 5, 8, 9 and11, as well as 7 and 12, which shall be initiated following completion of tasks 5, 9 and 11;

3. Urges Parties and Governments in collaboration with relevant organizations, subject totheir national legislation, to promote and implement this programme of work, and to integrate the tasksidentified into their ongoing programmes as appropriate to national circumstances, taking into account theidentified collaboration opportunities;

4. Requests Parties, Governments and relevant organizations to take full account of existinginstruments, guidelines, codes and other relevant activities in the implementation of the programme ofwork;

5. Encourages the participation of Indigenous and local communities in the work of the AdHoc Open-ended Working Group on Access and Benefit-sharing on the development of guidelines andother approaches to ensure the respect, preservation and maintenance of knowledge, innovations andpractices of Indigenous and local communities embodying traditional lifestyles relevant for theconservation and sustainable use of biological diversity;

6. Takes into account the importance of the proposals for action on traditional forest-relatedknowledge of the Intergovernmental Panel on Forests/Intergovernmental Forum on Forests as animportant part of this programme of work;

7. Requests Parties, Governments, and international, regional and national organizations toprovide appropriate financial support for the implementation of the programme of work;

8. Requests the Executive Secretary to facilitate the integration of the relevant tasks of theprogramme of work in the future elaboration of the thematic programmes of the Convention on BiologicalDiversity and provide a report on the progress of the thematic programmes to the Ad Hoc Open-endedInter-Sessional Working Group on Article 8j) and Related Provisions of the Convention on BiologicalDiversity;

9. Decides to extend the mandate of the Ad Hoc Open-ended Inter-Sessional WorkingGroup on Article 8j) and Related Provisions of the Convention on Biological Diversity to review progressin the implementation of the priority tasks of its programme of work according to reports provided by theExecutive Secretary, and the Parties to the meeting of the Working Group and recommend further actionon the basis of this review. The Working Group should further explore ways for increased participationby Indigenous and local communities in the thematic programmes of work of the Convention onBiological Diversity. The Working Group should report to the Conference of the Parties at its sixthmeeting;

10. Requests Parties, Governments, subsidiary bodies of the Convention, the ExecutiveSecretary and relevant organizations, including Indigenous and local communities, when implementingthe programme of work contained in the annex to the present decision and other relevant activities underthe Convention, to fully incorporate women and women’s organizations in the activities;

11. Invites Parties and Governments to support the participation of the InternationalIndigenous Forum on Biodiversity, as well as relevant organizations representing Indigenous and localcommunities, in advising the Conference of the Parties on the implementation of Article 8j) and relatedprovisions;

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12. Urges Parties and Governments and, as appropriate, international organizations, andorganizations representing Indigenous and local communities, to facilitate the full and effectiveparticipation of Indigenous and local communities in the implementation of the Convention and, to thisend:

(a) Provide opportunities for Indigenous and local communities to identify their capacityneeds, with the assistance of Governments and others, if they so require;

(b) Include, in proposals and plans for projects carried out in Indigenous and localcommunities, funding requirements to build the communications capacity of Indigenous and localcommunities to facilitate dissemination and exchange of information on issues related to traditionalknowledge, innovations and practices;

(c) Provide for sufficient capacity in national institutions to respond to the needs ofIndigenous and local communities related to Article 8j) and related provisions;

(d) Strengthen and build capacity for communication among Indigenous and localcommunities, and between Indigenous and local communities and Governments, at local, national,regional and international levels, including with the Secretariat of the Convention on Biological Diversity,with direct participation and responsibility of Indigenous and local communities through their appropriatefocal points;

(e) Use other means of communication in addition to the Internet, such as newspapers,bulletins, and radio, and increasing the use of local languages;

(f) Provide case-studies on methods and approaches that contribute to the preservation oftraditional knowledge, innovations and practices, including through their recording where appropriate,and that support control and decision-making by Indigenous and local communities over the sharing ofsuch knowledge, innovation and practices;

13. Emphasizes once again the need for case-studies developed in conjunction withIndigenous and local communities requested in paragraphs 10 (b) and 15 of its decision IV/9, to enable ameaningful assessment of the effectiveness of existing legal and other appropriate forms of protection forthe knowledge, innovations and practices of Indigenous and local communities;

14. Recognizes the potential importance of sui generisand other appropriate systems for theprotection of traditional knowledge of Indigenous and local communities and the equitable sharing ofbenefits arising from its use to meet the provisions of the Convention on Biological Diversity, taking intoaccount the ongoing work on Article 8j) and related provisions, and transmits its findings to the WorldTrade Organization and the World Intellectual Property Organization, as suggested in paragraph 6 (b) ofrecommendation 3 of the Inter-Sessional Meeting on the Operations of the Convention(UNEP/CBD/COP/5/4, annex);

15. Invites Parties and Governments to exchange information and share experiencesregarding national legislation and other measures for the protection of the knowledge, innovations andpractices of Indigenous and local communities;

16. Recognizes that the maintenance of knowledge, innovations, and practices of Indigenousand local communities is dependent on the maintenance of cultural identities and the material base thatsustains them and invites Parties and Governments to take measures to promote the conservation andmaintenance of such identities;

17. Requests Parties to support the development of registers of traditional knowledge,innovations and practices of Indigenous and local communities embodying traditional lifestyles relevantfor the conservation and sustainable use of biological diversity through participatory programmes andconsultations with Indigenous and local communities, taking into account strengthening legislation,

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customary practices and traditional systems of resource management, such as the protection of traditionalknowledge against unauthorized use;

18. Invites Parties and Governments to increase the participation of representatives ofIndigenous and local community organizations in official delegations to meetings held under theConvention on Biological Diversity;

19. Emphasizes the need for arrangements controlled and determined by Indigenous andlocal communities, to facilitate cooperation and information exchange among Indigenous and localcommunities, for the purposes of, inter alia, helping to ensure that such communities are in a position tomake informed decisions on whether or not to consent to the release of their knowledge, and, in thisrespect:

(a) Requests the Executive Secretary, to fully utilize the clearing-house mechanism, tocooperate closely with Indigenous and local communities to explore ways in which such needs May bestbe addressed;

(b) Invites Parties to consider ways and means of providing the necessary resources to enablethe Secretariat to undertake the above-mentioned tasks;

20. Further requests Parties and international financial institutions to explore ways ofproviding the necessary funding for these activities.

Annex

PROGRAMME OF WORK ON THE IMPLEMENTATION OF ARTICLE 8j) ANDRELATED PROVISIONS OF THE CONVENTION ON BIOLOGICAL DIVERISTY

ObjectivesThe objective of this programme of work is to promote within the framework of the Convention a

just implementation of Article 8j) and related provisions, at local, national, regional and internationallevels and to ensure the full and effective participation of Indigenous and local communities at all stagesand levels of its implementation.


1. Full and effective participation of Indigenous and local communities in all stages of theidentification and implementation of the elements of the programme of work. Full and effectiveparticipation of women of Indigenous and local communities in all activities of the programme of work.2. Traditional knowledge should be valued, given the same respect and considered as useful andnecessary as other forms of knowledge.3. A holistic approach consistent with the spiritual and cultural values and customary practices ofthe Indigenous and local communities and their rights to have control over their traditional knowledge,innovations and practices.4. The ecosystem approach is a strategy for the integrated management of land, water and living

resources that promotes conservation and sustainable use of biological diversity in an equitable way.5. Access to traditional knowledge, innovations and practices of Indigenous and local communities

should be subject to prior informed consent or prior informed approval from the holders of suchknowledge, innovations and practices.

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Element 1.Participatory mechanisms for Indigenous and local communities

Task 1. Parties to take measures to enhance and strengthen the capacity of Indigenous and localcommunities to be effectively involved in decision-making related to the use of their traditionalknowledge, innovations and practices relevant to the conservation and sustainable use of biologicaldiversity subject to their prior informed approval and effective involvement.

Task 2. Parties to develop appropriate mechanisms, guidelines, legislation or other initiatives tofoster and promote the effective participation of Indigenous and local communities in decision-making,policy planning and development and implementation of the conservation and sustainable use ofbiological diversity at international, regional, subregional, national and local levels, including access andbenefit-sharing and the designation and management of protected areas, taking into account the ecosystemapproach.

Task 4. Parties to develop, as appropriate, mechanisms for promoting the full and effectiveparticipation of Indigenous and local communities with specific provisions for the full, active andeffective participation of women in all elements of the programme of work, taking into account the needto:

(a) Build on the basis of their knowledge,

(b) Strengthen their access to biological diversity;

(c) Strengthen their capacity on matters pertaining to the conservation, maintenance andprotection of biological diversity;

(d) Promote the exchange of experiences and knowledge;

(e) Promote culturally appropriate and gender specific ways in which to document andpreserve women’s knowledge of biological diversity

Element 2.Status and trends in relation to Article 8j) and related provisions

Task 5. The Executive Secretary to prepare, for the next meeting of the Ad Hoc Working Group,an outline of a composite report on the status and trends regarding the knowledge, innovations andpractices of Indigenous and local communities, a plan and a timetable for its preparation, based, inter alia,on advice submitted by Parties, Governments, Indigenous and local communities and other relevantorganizations regarding sources and availability of information on these matters. Parties, Governmentsand Indigenous and local communities and other relevant organizations to submit the information andadvice to address the requirements of this task and to Parties include in their national reports the currentstate of implementation of Article 8j).

Element 4.Equitable sharing of benefits

Task 7. Based on tasks 1, 2 and 4, the Working Group to develop guidelines for the developmentof mechanisms, legislation or other appropriate initiatives to ensure: (i) that Indigenous and localcommunities obtain a fair and equitable share of benefits arising from the use and application of theirknowledge, innovations and practices; (ii) that private and public institutions interested in using suchknowledge, practices and innovations obtain the prior informed approval of the Indigenous and localcommunities; (iii) advancement of the identification of the obligations of countries of origin, as well as

43

Parties and Governments where such knowledge, innovations and practices and the associated geneticresources are used.

Element 5.Exchange and dissemination of information

Task 8. Identification of a focal point within the clearing-house mechanism to liaise withIndigenous and local communities.

Element 6.Monitoring elements

Task 9. The Working Group to develop, in cooperation with Indigenous and local communities,guidelines or recommendations for the conduct of cultural, environmental and social impact assessmentsregarding any development proposed to take place on sacred sites and on lands or waters occupied or usedby Indigenous and local communities. The guidelines and recommendations should ensure theparticipation of Indigenous and local communities in the assessment and review.

Element 7.Legal elements

Task 11. The Working Group to assess existing subnational, as appropriate, national andinternational instruments, particularly intellectual property rights instruments, that May have implicationson the protection of the knowledge, innovations and practices of Indigenous and local communities with aview to identifying synergies between these instruments and the objectives of Article 8j).

Task 12. The Working Group to develop guidelines that will assist Parties and Governments inthe development of legislation or other mechanisms, as appropriate, to implement Article 8j) and itsrelated provisions (which could include sui generis systems), and definitions of relevant key terms andconcepts in Article 8j) and related provisions at international, regional and national levels, that recognize,safeguard and fully guarantee the rights of Indigenous and local communities over their traditionalknowledge, innovations and practices, within the context of the Convention.


Element 1.Participatory mechanisms for Indigenous and local communities

Task 3. On the request of the Executive Secretary, Parties and Governments, with the fullparticipation of Indigenous and local communities, would establish a roster of experts based on themethodologies used by the Conference of Parties, to allow the experts to support the implementation ofthis programme of work.

Element 3.Traditional cultural practices for conservation and sustainable use

Task 6. The Ad Hoc Working Group to develop guidelines for the respect, preservation andmaintenance of traditional knowledge, innovations and practices and their wider application inaccordance with Article 8j).

Task 13. The Ad Hoc Working Group to develop a set of guiding principles and standards tostrengthen the use of traditional knowledge and other forms of knowledge for the conservation andsustainable use of biological diversity, taking into account the role that traditional knowledge can playwith respect to the ecosystem approach, in situ conservation, taxonomy, biodiversity monitoring andenvironmental impact assessments in all biodiversity sectors.

Task 14. The Ad Hoc Working Group to develop guidelines and proposals for the establishmentof national incentive schemes for Indigenous and local communities to preserve and maintain theirtraditional knowledge, innovations and practices and for the application of such knowledge, innovationsand practices in national strategies and programmes for the conservation and sustainable use of biologicaldiversity.

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Task 15. The Ad Hoc Working Group to develop guidelines that would facilitate repatriation ofinformation, including cultural property, in accordance with Article 17, paragraph 2, of the Convention onBiological Diversity in order to facilitate the recovery of traditional knowledge of biological diversity.

Element 5.Exchange and dissemination of information

Task 16. The Executive Secretary to identify, compile and analyse, with the participation ofIndigenous and local communities, existing and customary codes of ethical conduct to guide thedevelopment of models for codes of ethical conduct for research, access to, use, exchange andmanagement of information concerning traditional knowledge, innovations and practices for theconservation and sustainable use of biological diversity.

Element 6.Monitoring elements

Task 10. The Ad Hoc Working Group to develop standards and guidelines for the reporting andprevention of unlawful appropriation of traditional knowledge and related genetic resources.

Task 17. The Executive Secretary to develop, in cooperation with Governments and Indigenousand local communities, methods and criteria to assist in assessing the implementation of Article 8j) andrelated provisions at the international, regional, national and local levels, and reporting of such in nationalreports in conformity with Article 26.

IV. WAYS AND MEANS

In developing and implementing the programme of work, the Executive Secretary shall solicitinformation from Parties, Governments, Indigenous and local communities and other relevantorganizations, and consult with the liaison group on Article 8j) and related provisions.

The Executive Secretary to develop, in consultation with Indigenous and local communities,Parties, Governments, and relevant international organizations, a questionnaire, as a basis for theprovision of information concerning: (i) existing instruments and activities relevant to the tasks of theprogramme of work; (ii) gaps and needs concerning the guidelines referred to in task 6 above; and (iii)priorities for the further development of the programme of work.

The Executive Secretary to consult with and invite relevant international organizations tocontribute to the implementation of this programme of work, also with a view to avoiding duplication andto encouraging synergies.

This programme of work shall, as relevant, take into account the work of the Ad Hoc Open-endedWorking Group on Access and Benefit-sharing, and, as far as possible, be carried out in collaborationwith other relevant organizations, including the World Intellectual Property Organization (WIPO).

Parties, Governments, and international, regional and national organizations to provideappropriate financial support for the implementation of the programme of work.

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Nairobi, Kenya

Decision V/26

Access to Genetic Resources

A. Access and benefit-sharing arrangements

The Conference of the Parties

1. Requests Parties to designate a national focal point and one or more competent nationalauthorities, as appropriate, to be responsible for access and benefit-sharing arrangements or to provideinformation on such arrangements within its jurisdiction;

2. Requests Parties to notify the Executive Secretary of the names and addresses of its focalpoints and competent authorities;

3. Urges Parties to ensure that national biodiversity strategies as well as legislative,administrative or policy measures on access and benefit-sharing contribute to conservation andsustainable-use objectives;

4. Recognizing the importance for Parties to promote trust-building and transparency inorder to facilitate the exchange of genetic resources, particularly with regard to the implementation ofArticle 15 of the Convention:

(a) Urges Parties to pay particular attention to their obligations under Articles 15, 16 and 19of the Convention, and requests them to report to the Conference of the Parties on the measures they havetaken to this effect;

(b) Notes that legislative, administrative or policy measures for access and benefit-sharingneed to promote flexibility, while recognizing the need for sufficient regulation of access to geneticresources to promote the objectives of the Convention;

(c) Notes that all countries are providers and recipients of genetic resources, and urgesrecipient countries to adopt, appropriate to national circumstances, legislative, administrative or policymeasures consistent with the objectives of the Convention that are supportive of efforts made by providercountries to ensure that access to their genetic resources for scientific, commercial and other uses, andassociated knowledge, innovations and practices of Indigenous and local communities embodyingtraditional lifestyles relevant to the conservation and sustainable use of biological diversity, asappropriate, is subject to Articles 15, 16 and 19 of the Convention, unless otherwise determined by thatprovider country;

(d) Recognizing the complexity of this issue, with particular consideration of the multiplicityof prior informed consent considerations, invites Parties to cooperate further to find practical andequitable solutions to this issue;

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5. Notes that the promotion of a comprehensive legal and administrative system Mayfacilitate access to and use of genetic resources and contribute to mutually agreed terms in line with theaims of the Convention;

6. Notes that, in the absence of comprehensive legislation and national strategies for accessand benefit-sharing, voluntary measures, including guidelines, May help ensure realization of theobjectives of the Convention, and to that end invites the Parties to consider promotion of their use;

7. Stresses that it is important that, in developing national legislation on access, Parties takeinto account and allow for the development of a multilateral system to facilitate access and benefit-sharing in the context of the International Undertaking on Plant Genetic Resources, which is currentlybeing revised;

8. Notes the report of the Chairman of the Commission on Genetic Resources for Food andAgriculture of the Food and Agriculture Organization of the United Nations (UNEP/CBD/COP/5/INF/12)and urges the Commission to finalize its work as soon as possible. The International Undertaking isenvisaged to play a crucial role in the implementation of the Convention on Biological Diversity. TheConference of the Parties affirms its willingness to consider a decision by the Conference of the Food andAgriculture Organization of the United Nations that the International Undertaking become a legallybinding instrument with strong links to both the Food and Agriculture Organization of the United Nationsand the Convention on Biological Diversity, and calls upon Parties to coordinate their positions in bothforums;

9. Notes the common understandings of the Panel of Experts on Access and Benefit-sharingwith respect to prior informed consent and mutually agreed terms as contained in paragraphs 156 to 165of its report (UNEP/CBD/COP/5/8);

10. Decides to reconvene the Panel of Experts on Access and Benefit-sharing with a concretemandate and agenda. The Panel will conduct further work on outstanding issues from its first meeting,especially:

(a) Assessment of user and provider experience in access to genetic resources and benefit-sharing and study of complementary options;

(b) Identification of approaches to involvement of stakeholders in access to genetic resourcesand benefit-sharing processes;

and will include additional expertise. The Panel will submit its report to the Ad Hoc Open-ended WorkingGroup on Access and Benefit-sharing referred to in paragraph 11 below;

11. Decides to establish an Ad Hoc Open-ended Working Group, composed ofrepresentatives, including experts, nominated by Governments and regional economic integrationorganizations, with the mandate to develop guidelines and other approaches for submission to theConference of the Parties and to assist Parties and stakeholders in addressing the following elements asrelevant to access to genetic resources and benefit-sharing, inter alia: terms for prior informed consentand mutually agreed terms; roles, responsibilities and participation of stakeholders; relevant aspectsrelating to in situ and ex situconservation and sustainable use; mechanisms for benefit-sharing, forexample through technology transfer and joint research and development; and means to ensure therespect, preservation and maintenance of knowledge, innovations and practices of Indigenous and localcommunities embodying traditional lifestyles relevant for the conservation and sustainable use ofbiological diversity, taking into account, inter alia, work by the World Intellectual Property Organizationon intellectual property rights issues.

The above-mentioned elements should, in particular, serve as inputs when developing anddrafting:

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(a) Legislative, administrative or policy measures on access and benefit-sharing; and

(b) Contracts or other arrangements under mutually agreed terms for access and benefit-sharing.

The results of the deliberations of the Working Group, including draft guidelines and otherapproaches, shall be submitted for consideration by the Conference of the Parties at its sixth meeting.

The work of the Working Group shall take into account the reports of the Panel of Experts onAccess and Benefit-sharing and other relevant information.

The Working Group will be open to the participation of Indigenous and local communities, non-governmental organizations, industry and scientific and academic institutions, as well asintergovernmental organizations.

The Working Group shall maintain communication and exchange of information with theWorking Group on Article 8j) and Related Provisions of the Convention on Biological Diversity.

In order to build capacity for access and benefit-sharing, the Open-ended Working Group shallconsider issues of capacity-building, including those needs identified in paragraphs 14 (a), (b), (c) and (d)below;

12. Notes that information is a critical aspect of providing the necessary parity of bargainingpower for stakeholders in access and benefit-sharing arrangements, and that, in this respect, there is aparticular need for more information regarding:

(a) User institutions;

(b) The market for genetic resources;

(c) Non-monetary benefits;

(d) New and emerging mechanisms for benefit-sharing;

(e) Incentive measures;

(f) Clarification of definitions;

(g) Sui generis systems; and

(h) "Intermediaries";

13. Requests the Executive Secretary to compile the information referred to in paragraph 12above and disseminate it through the clearing-house mechanism and relevant meetings, and requestsParties and organizations to provide such information to assist the Executive Secretary;

14. Notes that further development of capacities regarding all aspects of access and benefit-sharing arrangements is required for all stakeholders, including local governments, academic institutions,and Indigenous and local communities, and that key capacity-building needs include:

(a) Assessment and inventory of biological resources as well as information management;

(b) Contract negotiation skills;

(c) Legal drafting skills for development of access and benefit-sharing measures;

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(d) Means for the protection of traditional knowledge associated with genetic resources;

15. Noting that the Panel of Experts on Access and Benefit-sharing was not able to come toany conclusions about the role of intellectual property rights in the implementation of access and benefit-sharing arrangements, and that the Panel developed a list of specific issues that require further study(UNEP/CBD/COP/5/8, paras. 127-138):

(a) Invites Parties and relevant organizations to submit to the Executive Secretaryinformation on these issues by 31 December 2000;

(b) Requests the Executive Secretary, on the basis of these submissions and other relevantmaterial, to make available for the second meeting of the Panel, or the first meeting of the Ad Hoc Open-ended Working Group, a report on these specific issues;

(c) Recalls recommendation 3 of the Inter-Sessional Meeting on the Operations of theConvention, and requests the Executive Secretary to prepare his report in consultation with, inter alia, theSecretariat of the World Intellectual Property Organization;

(d) Invites relevant international organizations, including the World Intellectual PropertyOrganization, to analyse issues of intellectual property rights as they relate to access to genetic resourcesand benefit-sharing, including the provision of information on the origin of genetic resources, if known,when submitting applications for intellectual property rights, including patents;

(e) Requests relevant international organizations, for example, the World IntellectualProperty Organization and the International Union for the Protection of New Varieties of Plants, in theirwork on intellectual property rights issues, to take due account of relevant provisions of the Conventionon Biological Diversity, including the impact of intellectual property rights on the conservation andsustainable use of biological diversity, and in particular the value of knowledge, innovations and practicesof Indigenous and local communities embodying traditional lifestyles relevant for the conservation andsustainable use of biological diversity;

(f) Requests the Executive Secretary to explore experience and possibilities for synergisticinteractions resulting from collaboration in research, joint development and the transfer of technologyfollowing access to genetic resources.

B. The relationship between intellectual property rights and the relevant provisions of theAgreement on Trade-related Aspects of Intellectual Property Rights and theConvention on Biological Diversity

The Conference of the Parties,

Noting recommendation 3 of the Inter-Sessional Meeting on the Operations of the Convention,concerning the relationship between intellectual property rights and the relevant provisions of theAgreement on Trade-related Aspects of Intellectual Property Rights and the Convention,

1. Reaffirms the importance of systems such as sui generisand others for the protection oftraditional knowledge of Indigenous and local communities and the equitable sharing of benefits arisingfrom its use to meet the provisions of the Convention, taking into account the ongoing work on Article 8j)and related provisions;

2. Invites the World Trade Organization to acknowledge relevant provisions of theConvention and to take into account the fact that the provisions of the Agreement on Trade-relatedAspects of Intellectual Property Rights and the Convention on Biological Diversity are interrelated and tofurther explore this interrelationship;

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3. Requests the Executive Secretary to transmit the present decision to the secretariats of theWorld Trade Organization and the World Intellectual Property Organization, for use by appropriatebodies of these organizations, and to endeavour to undertake further cooperation and consultation withthese organizations;

4. Renews its request to the Executive Secretary of the Convention to apply for observer status onthe Council for the Trade-related Aspects of Intellectual Property Rights, and requests him to report backto the Conference of the Parties on his efforts.

C. Ex situ collections acquired prior to the entry into force of the Convention and notaddressed by the Commission on Genetic Resources for Food and Agriculture

The Conference of the Parties

1. Decides to continue the information-gathering exercise on ex situcollections acquiredprior to the entry into force of the Convention and not addressed by the Commission on GeneticResources for Food and Agriculture of the Food and Agriculture Organization of the United Nationsinitiated by decision IV/8;

2. Requests the Executive Secretary to gather available information of the type described inthe annexes to the present decision, as appropriate, from Parties, Governments and relevant organizationsand forums through questionnaires;

3. Invites relevant organizations and forums already involved in consideration of theseissues to provide this information to the Executive Secretary;

4. Invites Parties, Governments and other organizations to provide capacity-building andtechnology development and transfer for the maintenance and utilization of ex situ collections;

5. Requests the Executive Secretary to report to the Conference of the Parties at its sixthmeeting on the implementation of the present decision.

[Annex I : ELEMENTS FOR A QUESTIONAIRE ON EX SITU COLLECTIONS not included]