Recalling decision V/16,
Also recalling the second phase of the programme of work and the general principles on the implementation of Article 8(j) and related provisions,
Further recalling paragraph 2 of decision V/16 to complete task 7 relating to the fair and equitable sharing of benefits and task 12 concerning the safeguard and full guarantee of the rights of indigenous and local communities over their traditional knowledge, innovations and practices (which could include sui generis systems) within the context of the Convention of the first phase of the programme of work, and that tasks 5 and 11 have not been completed,
Emphasizing the need for dialogue with representatives of indigenous and local communities, particularly women for the conservation and sustainable use of biological diversity within the framework of the Convention,
Noting the progress made in the integration of relevant tasks of the programme of work in the thematic programmes of the Convention, and in the implementation of the priority tasks of the programme of work on Article 8(j) and related provisions,
Recognizing the need to further explore ways and means to enhance the full and effective participation of indigenous and local communities in the Convention process,
Recognizing that the Convention on Biological Diversity is the primary international instrument with the mandate to address issues regarding the respect, preservation and maintenance of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity,
Also recognizing that indigenous and local communities have their own systems for the protection and transmission of traditional knowledge as part of their customary law,
Further recognizing the need to strengthen national laws, policies and other measures, where necessary, and the need for synergies with measures at the international level for the protection of traditional knowledge, innovations and practices of indigenous and local communities,
Noting with appreciation the work of the Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization, and that of the Permanent Forum on Indigenous Issues established by the Economic and Social Council, the Working Group on Indigenous Populations of the United Nations Commission on Human Rights, the United Nations Development Programme, the United Nations Environment Programme, the United Nations Educational, Scientific and Cultural Organization, the United Nations Conference on Trade and Development, and the World Health Organization, the International Labour Organization and encourages further collaboration among them and with the Convention on Biological Diversity,
Noting that other relevant international and intergovernmental bodies such as the United Nations Conference on Trade and Development, the United Nations Environment Programme, the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization, the World Trade Organization, the Working Group on Indigenous Populations of the Commission on Human Rights, and the World Health Organization are also discussing related matters in their work programmes,
Noting the ongoing review process of the World Trade Organization Agreement on Trade-related Aspects of Intellectual Property Rights, particularly with respect to Article 27.3 (b) and Article 71 of the Agreement,
Noting also the work on the role of intellectual property rights in the implementation of access and benefit-sharing arrangements with the framework of the Ad Hoc Open-ended Working Group on Access and Benefit-Sharing,
Further noting paragraph 19 of the Declaration of the World Trade Organization Doha Ministerial Meeting related to the examination by World Trade Organization Council on Trade-related Aspects of Intellectual Property Rights of the relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity as well as the protection of traditional knowledge,
A. - Report on progress in the integration of relevant tasks of the programme of work on Article 8(j) and related provisions into the thematic programmes of the Convention on Biological Diversity
1.Requests the Executive Secretary of the Convention to examine, in collaboration with the Food and Agriculture Organization of the United Nations, the implication of the International Treaty on Plant Genetic Resources for Food and Agriculture on the issues under Article 8(j) and related provisions;
2.Notes the progress made in the integration of the relevant tasks of the programme of work in the thematic programmes of the Convention and emphasizes to Parties the need for further action on:
a.With regard to forest biological diversity, the development of methodologies to advance the integration of traditional forest-related knowledge into sustainable forest management, promotion of activities to assemble management experiences and scientific, indigenous and local information at the national and local levels, and dissemination of research results and syntheses of reports on relevant scientific and traditional knowledge on key forest biological issues;
b.With regard to marine and coastal biological diversity, the provision of information regarding approaches to the management of marine and coastal living resources in relation to those used by indigenous and local communities;
c.With regard to inland water ecosystems, the implementation of the guidelines for establishing and strengthening local communities' and indigenous peoples' participation in the management of wetlands, adopted by the Conference of the Parties to the Ramsar Convention, through its resolution VII.8;
d.With regard to agricultural biological diversity, the need to support local dryland and sub-humid ecosystems, and capacity-building to promote farming practices and information exchange to assist farmers and indigenous and local communities to transform unsustainable agricultural practices to sustainable ones and to increase productivity;
3.Urges Parties, where they have not already done so, to include information in their national reports on each of the thematic programmes dealt with under the Convention on Biological Diversity, on:
a.The status and trends in relation to traditional knowledge, innovations and practices of indigenous and local communities;
b.Measures taken to enhance the participation of indigenous and local communities, particularly that of women from such communities, and their relevant organizations in the implementation of national work programmes in each of the thematic areas; and
c.Capacity-building measures taken to facilitate the involvement of indigenous and local communities and the application of the knowledge they hold, with their prior informed consent, in the management, conservation and sustainable use of biological diversity in each of the thematic areas at national, subnational and local levels;
4.Requests the Executive Secretary to prepare a progress report on the integration of the relevant tasks of the programme of work on Article 8(j) into each of the thematic areas, taking into account the above information, for the consideration of the Ad Hoc Working Group on Article 8(j) and Related Provisions at its third meeting;
5.Reminds Parties of the need for further action in relation to the potential impacts of genetic use restriction technologies on the indigenous and local communities and on Farmer's Rights, according to the studies and reports elaborated by different relevant organizations, the consultations held by the Executive Secretary, and other appropriate analysis and information sources;
B. - Review of progress in the implementation of the priority tasks of the programme of work on Article 8(j) and related provisions
Recalling paragraph 6 of decision V/19, in which it is recommended that Parties prepare their national reports through a consultative process involving all relevant stakeholders, as appropriate, or by drawing upon information developed through other consultative processes, and requests Parties to ensure that indigenous and local communities, as well as women are included in the consultative process, particularly in relation to the preparation of those sections of the national report dealing with Article 8(j) and related provisions and the programme of work,
6.Requests the Executive Secretary to prepare a report on progress on the implementation of the programme of work on Article 8(j) and related provisions based on information submitted in national reports, and other relevant information, for the next meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions;
7.Decides that one meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8 (j) and Related Provisions be organized prior to the seventh meeting of the Conference of the Parties in order to ensure further advancement of the implementation of the work programme on Article 8(j) and related provisions;
C. - Outline of the composite report on the status and trends regarding the knowledge, innovations and practices of indigenous and local communities relevant to the conservation and sustainable use of biodiversity
8.Adopts the outline of the composite report on the status and trends regarding the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity as a basis for proceeding with the first phase of information-gathering and reporting, as contained in annex I to the present decision;
9.Requests the Executive Secretary to undertake the first phase of the composite report, based upon elements 1 and 2 in the outline, and to submit the first phase report to the next meeting of the Ad Hoc Open-Ended Inter-Sessional Working Group on Article 8(j) and Related Provisions. This will include recommendations for the subsequent phases and, as necessary, revision of the outline;
10.Also requests the Executive Secretary to use the information contained in the report to support further advancement of the programme of work on Article 8(j) and related provisions of the Convention on Biological Diversity;
11.Further requests the Executive Secretary to ensure the full and effective participation of indigenous and local communities, particularly women, in the completion of the report, through, inter alia, the organization of regional workshops, and encourages Parties and Governments to hold national workshops. In that regard, appropriate financing should be provided. The outcome of the workshops will be submitted to the Secretariat as a contribution to the composite report;
D. - Recommendations for the conduct of cultural, environmental and social impact assessment regarding developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities
12.Adopts, pursuant to Article 8(j) and Article 14 of the Convention on Biological Diversity and decision V/16 of the Conference of the Parties, the recommendations for the conduct of cultural, environmental, and social impact assessments regarding development proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities contained in annex II to the present decision;
13.Requests the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions, at its third meeting, to carry out further work on guidelines for the conduct of cultural, environmental and social impact assessments regarding developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities. Such work, with the aim of strengthening the social and cultural aspects, should complement and be in conjunction with the "guidelines for incorporating biodiversity-related issues into environmental assessment legislation and/or processes and in strategic environmental assessment", endorsed by the Conference of the Parties in its decision VI/7 A, and address institutional and procedural considerations;
14.Also requests the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions to submit the outcome of its work from its third meeting for consideration at the seventh meeting of the Conference of the Parties;
15.Invites Parties and Governments to pay due regard to these recommendations until the complete set of guidelines for impact assessment is finalized;
16.Requests Parties and Governments to undertake education and awareness-raising and develop communication strategies that allows indigenous and local communities, with special attention to indigenous and local community women, relevant government departments and agencies, private sector developers, potential stakeholders in development projects, and the public at large to be made aware of these recommendations, for incorporation, as appropriate, into policies and processes for the assessment of proposed developments;
17.Invites those secretariats of intergovernmental agreements, agencies, organizations and processes whose mandates and activities involve potential significant impacts on biological diversity, or who are in the process of developing guidelines or policies regarding such impacts, to take into consideration the recommendations contained in annex II to the present decision;
18.Also invites international funding and development agencies that provide funding and other forms of assistance to Governments, developing countries, in particular least developed countries and small island developing States, to facilitate the incorporation of the recommendations into policies and processes for the assessment of proposed developments;
19.Further invites international funding and development agencies and relevant non-governmental organizations, where requested, and in accordance with their mandates and responsibilities, to consider providing assistance to indigenous and local communities, particularly women, for the conduct of cultural, environmental and social impact assessments regarding developments proposed to take place on territories, lands and waters traditionally occupied or used by them, and which take into account the recommendations in annex II to the present decision.
20.Invites Parties, Governments and relevant international, non-governmental and indigenous and local community organizations, to submit to the Executive Secretary information on their national experiences, case-studies, best practices, and lessons learned concerning participatory mechanisms for indigenous and local communities in matters related to the objectives of Article 8(j) and related provisions of the Convention;
21.Requests the Executive Secretary to prepare a synthesis report based on the information referred to in paragraph 20 above, and, taking into account that conditions may vary from country to country, invites Parties and Governments to use the report as a basis for the establishment and/or strengthening of mechanisms at the national and local levels aimed at promoting full and effective participation of indigenous and local communities, especially women, in the decision-making process regarding the preservation, maintenance and utilization of traditional knowledge relevant for the conservation and sustainable use of biological diversity;
22.Requests the Executive Secretary to explore and, as appropriate, secure potential sources of funding to facilitate the full and effective participation of indigenous and local communities of all geographical regions in meetings organized within the framework of the Convention and to report thereon to the Conference of the Parties;
23.Urges Parties and Governments to strengthen their efforts to support capacity-building aimed at the full and effective participation of indigenous and local communities, particularly women, in decision-making processes regarding the preservation, maintenance and utilization of traditional knowledge relevant for the conservation and sustainable use of biological diversity at all levels (local, national, regional and international); and, where indigenous and local communities and Parties and Governments deem appropriate, promote their participation in the management of biological diversity; and encourage the capacity-building efforts of indigenous and local communities in getting access to existing protections in national and international laws regarding the preservation, maintenance and utilization of their traditional knowledge;
24.Also urges Parties and Governments and, as appropriate, international organizations to encourage and support the development of communication mechanisms, such as the Indigenous Biodiversity Information Network, among indigenous and local communities in response to their need for better understanding of the objectives and provisions of the Convention on Biological Diversity and for supporting discussions on guidelines, priorities, time-lines and the implementation of the thematic programmes of the Convention;
25.Requests the Executive Secretary to consult with the secretariats of relevant environmental conventions and programmes, such as the United Nations Convention to Combat Desertification, the United Nations Framework Convention on Climate Change, the Convention on Wetlands (Ramsar, Iran, 1971), the Convention on the Conservation on Migratory Species of Wild Animals, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and to explore the possibility of cooperating in order to facilitate collaboration among the different conventions with regard to the participation and involvement of indigenous and local communities in discussions related to the maintenance and application of traditional knowledge relevant for the conservation and sustainable use of biological diversity;
26.Also requests the Executive Secretary to communicate with the Permanent Forum on Indigenous Issues, established as a subsidiary organ of the United Nations Economic and Social Council, and other relevant bodies such as the World Intellectual Property Organization, the United Nations Conference on Trade and Development and the United Nations Educational, Scientific and Cultural Organization, in order to explore possibilities of coordination and collaboration on matters of mutual concern;
27.Urges Parties and Governments to develop, implement and evaluate, in cooperation with indigenous and local communities, strategies aimed at promoting awareness and enhancing access by indigenous and local communities to information on issues relating to Article 8(j) and related provisions of the Convention;
28.Requests the Executive Secretary to establish a technical expert group to develop the roles and responsibilities of the thematic focal point within the clearing-house mechanism of the Convention on issues related to Article 8(j) and related provisions, in accordance with task 8 of the programme of work adopted by the Conference of the Parties in its decision V/16;
29.Also requests funding agencies, in particular the Global Environment Facility, to provide information on activities and processes, including information on the criteria for eligibility and access to project funding, and make such information easily accessible to Parties, Governments and indigenous and local communities (for example, through electronic, print/broadcast, popular publications, and other means);
30.Invites the Global Environment Facility to give special consideration in funding to projects that clearly contain elements of participation of indigenous and local communities, where appropriate, and to continue to apply the Global Environment Facility's policy on public involvement to support the full and effective participation of indigenous and local communities;
F. - Assessment of the effectiveness of existing subnational, national and international instruments, particularly intellectual property rights instruments, that may have implications for the protection of the knowledge, innovations and practices of indigenous and local communities
31.Invites the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization to continue its efforts to promote the more effective participation of indigenous and local communities in its work and invites the Intergovernmental Committee to examine and consider mechanisms to protect traditional knowledge, such as the disclosure of the origin of relevant traditional knowledge in applications for intellectual property rights;
32.Invites the Scientific, Technical, and Research Commission of the Organization of African Unity to continue its work and requests the Executive Secretary to encourage and assist the African Union to facilitate implementation of, in a manner consistent with the Convention on Biological Diversity, the African Model Law for the Protection of the Rights of Local Communities, Farmers and Breeders and for the Regulation of Access to Biological Resources;
33.Also invites Parties and Governments, with the approval and involvement of indigenous and local communities representatives, to develop and implement strategies to protect traditional knowledge, innovations and practices based on a combination of appropriate approaches, respecting customary laws and practices, including the use of existing intellectual property mechanisms, sui generis systems, customary law, the use of contractual arrangements, registers of traditional knowledge, and guidelines and codes of practice, with the support of relevant intergovernmental organizations such as the Working Group on Indigenous Populations of the United Nations Commission on Human Rights, the Permanent Forum on Indigenous Issues established by the Economic and Social Council, the World Health Organization, the World Intellectual Property Organization, the United Nations Educational, Scientific and Cultural Organization, and the United Nations Conference on Trade and Development;
34.Requests the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity to address the issue of sui generis systems for the protection of traditional knowledge, focusing in particular on the following issues:
c.Making available this compilation and assessment through the clearing-house mechanism of the Convention;
d.Studying existing systems for handling and managing innovations at the local level and their relation to existing national and international systems of intellectual property rights, with a view to ensure their complementarity;
e.Assessing the need for further work on such systems at the local, national, regional and international levels;
f.Identifying the main elements to be taken into consideration in the development of sui generis systems;
g.The equitable sharing of benefits arising from the utilization of traditional knowledge, innovations and practices of indigenous and local communities, taking into account the work carried out by the Intergovernmental Committee Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore with a view to promote mutual supportiveness, and existing regional, subregional, national and local initiatives;
35.Also requests the Executive Secretary to continue to compile information provided by Parties and Governments relating to existing national legislation and other measures for the protection of traditional knowledge, innovations and practices;
36.Invites the World Trade Organization and the World Intellectual Property Organization to make available to the Executive Secretary information referred to in paragraph 35 above provided through their respective notification systems;
37.Requests the Executive Secretary to make the information referred to in paragraphs 35 and 36 above available through, inter alia, the clearing-house mechanism, with a view to enabling Parties and Governments to monitor the implementation of Article 8(j) and to identify best practices;
38.Invites the World Intellectual Property Organization to forward to the Executive Secretary all documents considered to be relevant with respect to advances made by the Intergovernmental Committee so that they be included in documentation for meetings of the Working Group on Article 8(j);
39.Encourages Parties and Governments, where they have not already done so, to take measures to establish or improve operational links between their national governmental intellectual-property bodies, national focal points of the Convention on Biological Diversity, and indigenous and local communities and their organizations in order to better coordinate and institute measures to protect their traditional knowledge, innovations and practices relevant to the conservation and sustainable use of biological diversity, particularly with regard to traditional-knowledge documentation initiatives and community-based registries of traditional knowledge;
40.Also encourages Parties and Governments, with the assistance of international development agencies and other relevant organizations, as appropriate, and with the participation, involvement and consent of the concerned indigenous and local communities, to undertake pilot projects in order to evaluate the effectiveness of existing intellectual property rights regimes, contractual methods and new systems being developed as a means of protection of traditional knowledge;
41.Invites Parties and Governments, with the approval and involvement of indigenous and local communities to examine the feasibility of establishing mechanisms to protect the traditional knowledge, innovations and practices of these communities relevant to the conservation and sustainable use of biological diversity, taking into consideration customary laws and practices, and subject to national legislation:
42.Also invites Parties, Governments, international development agencies, and other relevant international organizations and institutions to provide technical and financial assistance to developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition, and to indigenous and local communities, in consultation with the national focal points, where appropriate, for the enhancement of national capacities for the establishment and maintenance of mechanisms to protect traditional knowledge at national and subnational levels, and for building the capacity of indigenous and local communities to develop strategies and systems for the protection of traditional knowledge;
43.Further invites Parties and Governments, indigenous and local communities and relevant organizations to exchange national experiences among countries where progress has been made in incorporating elements of customary law relevant for the protection of traditional knowledge, innovations and practices of indigenous and local communities in national legislation;
44.Also invites Parties and Governments, indigenous and local community organizations and other relevant organizations to submit case-studies and other relevant information for the Executive Secretary to compile and disseminate through the clearing-house mechanism concerning:
a.Information regarding the nature, diversity and status under national laws of customary laws of indigenous and local communities, collected with their full and effective participation;
b.The development of strategies by indigenous and local communities to protect their traditional knowledge, innovations and practices, emphasizing the approaches used, the method of implementation and problems encountered;
c.The establishment of operational links between national intellectual-property authorities and indigenous and local communities to facilitate the protection of their traditional knowledge, innovations and practices relevant to the conservation and sustainable use of biological diversity;
e.The activities and conduct of researchers and academic institutions pertinent to the protection and promotion of traditional knowledge, innovations and practices;
45.Requests the Executive Secretary to disseminate the case-studies and information referred to in paragraph 44 above through the clearing-house mechanism and other relevant means;
46.Invites Parties and Governments to encourage the disclosure of the origin of relevant traditional knowledge, innovations and practices of indigenous and local communities relevant to the conservation and sustainable use of biological diversity in applications for intellectual property rights, where the subject matter of the application concerns or makes use of such knowledge in its development;
47.Urges Parties and Governments to examine, as appropriate, relevant provisions of the Convention on Biological Diversity with respect to prior informed consent and mutually agreed terms where traditional knowledge is used in its original form or in the development of new products and/or new applications;
48.Invites Parties and Governments, with the assistance of the World Intellectual Property Organization, to take into account traditional knowledge in the examination of novelty and inventive step in patent applications;
49.Also invites Parties, Governments and relevant international organizations to submit information on the feasibility of establishing appropriate dispute-settlement or arbitration procedures and mechanisms, including the possible application of Article 27 of the Convention on Biological Diversity, to address cases of disputes between contracting Parties concerning the interpretation or application of the Convention relating to traditional knowledge, innovations and practices.