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Recalling decision V/16, in which it established the programme of work on Article 8(j) and related provisions, and decision X/43,1 in which it revised the multi-year programme of work for 2010-2020,
Noting that postponed tasks 6, 11, 13, 14 and 17 of the multi-year programme of work have been addressed through the completion of other tasks under the work programme on Article 8(j) and related provisions,
Recognizing the need for a more holistic, forward-looking and integrated programme of work, taking into account recent developments, including the 2030 Agenda for Sustainable Development and its goals,2 the Paris Agreement3 under the United Nations Framework Convention on Climate Change, as well as the future post-2020 biodiversity framework,
Taking into account the results of the “Múuch’tambal Summit on Indigenous and Local Experiences – Traditional Knowledge, Biological and Cultural Diversity – Mainstreaming the contribution of Traditional Knowledge, Innovations and Practices across Agriculture, Fisheries, Forestry and Tourism Sectors for the conservation and sustainable use of Biodiversity for Well‑being”,4
Building on the composite report on the status and trends of traditional knowledge and the guidelines and other tools and standards already developed by the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions, including:
The Akwé: Kon voluntary 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;5
The Tkarihwaié:ri Code of Ethical Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities;6
The Mo’otz kuxtal7 voluntary guidelines for the development of mechanisms, legislation or other appropriate initiatives to ensure the “prior and informed consent”, “free, prior and informed consent” or “approval and involvement”, depending on national circumstances, of indigenous peoples and local communities8 for accessing their knowledge, innovations and practices, for fair and equitable sharing of benefits arising from the use of their knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity, and for reporting and preventing unlawful appropriation of traditional knowledge;9
The Rutzolijirisaxik Voluntary Guidelines for the Repatriation of Traditional Knowledge of Indigenous Peoples and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity;10
The global Plan of Action on the Customary Sustainable Use of Biological Diversity;11
Taking into account the joint programme of work between the Secretariat of the Convention on Biological Diversity and the United Nations Educational, Scientific and Cultural Organization on the links between biological and cultural diversity,12
Welcoming the completion of work on task 15 by the adoption of the Rutzolijirisaxik Voluntary Guidelines for the Repatriation of Traditional Knowledge of Indigenous Peoples and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity,13
Noting that tasks 1, 2, 4, as well as the implementation of the above-mentioned guidelines and standards adopted by the Conference of the Parties, represent ongoing responsibilities of Parties,
Emphasizing the need for the effective implementation of the guidelines and standards related to Article 8(j) and related provisions at the national level in order to achieve progress towards Aichi Biodiversity Target 18 of the Strategic Plan for Biodiversity 2011-2020,
1.Decides to complete the current programme of work on Article 8(j) and related provisions no later than the fifteenth meeting of the Conference of the Parties;
2.Also decides to consider the development of a fully integrated programme of work on Article 8(j) and related provisions within the post-2020 biodiversity framework, to allow for the full and effective participation of indigenous peoples and local communities in the work of the Convention, on the basis of achievements to date, taking into account the ongoing and postponed tasks of Parties, also taking into account the 2030 Agenda for Sustainable Development and its goals,2 the Paris Agreement3 under the United Nations Framework Convention on Climate Change, and gaps identified;
3.Invites Parties to gather experience in the implementation of the guidelines and standards related to Article 8(j) and related provisions at the national level and, in the light of those experiences, to consider the need for further work on these issues in the development of a fully integrated programme of work;
4.Encourages Parties to engage with indigenous peoples and local communities in the implementation of the Convention, including by recognizing, supporting and valuing their collective actions, including their efforts to protect and conserve their territories and areas, for the goals of the Convention, and, fully engage them in the preparation of national reports, the revision and implementation of national biodiversity strategies and action plans, and the process for developing the post-2020 biodiversity framework for the Convention;
5.Invites Parties and other Governments to report on the implementation of the programme of work on Article 8(j) and related provisions, in particular, tasks 1, 2 and 4 and the implementation of the Plan of Action on customary sustainable use, as well as the application of the various guidelines and standards developed under the aegis of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions and adopted by the Conference of the Parties, through the national reports or the clearing-house mechanism, in order to determine progress made and inform the development of the post-2020 biodiversity framework;
6. Requests the Executive Secretary to facilitate an online forum inviting Parties, other Governments, indigenous peoples and local communities, other relevant organizations and interested stakeholders to have an initial exchange of views and information, as appropriate, on:
(a)Possible objectives to be considered to achieve an effective integration in the work of the subsidiary bodies on matters of direct relevance to indigenous peoples and local communities, and to enable full and effective participation of indigenous peoples and local communities in the work of the Convention;
(b)Possible elements of a programme of work on Article 8(j) and related provisions as part of the post-2020 biodiversity framework;
7.Also requests the Executive Secretary to prepare and make available a summary of the exchange of views received during the online forum to the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions at its eleventh meeting;
8.Invites Parties, Governments, indigenous peoples and local communities, relevant international organizations, in particular other biodiversity-related conventions, and interested stakeholders to submit views to the Executive Secretary on possible elements of a fully integrated programme of work as part of the post-2020 biodiversity framework;
9.Invites Parties, Governments and indigenous peoples and local communities to submit views to the Executive Secretary on possible institutional arrangements and their modus operandi for the implementation of Article 8(j) and related provisions, such as, but not limited to, the following:
(a)Establishing a subsidiary body on Article 8(j) and related provisions with a mandate to provide advice to the Conference of the Parties, other subsidiary bodies, and, subject to their approval, the Conference of the Parties serving as the meeting of the Parties to the respective Protocols, on matters that are relevant to indigenous peoples and local communities and are within the scope of the Convention;
(b)Continuing the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions with a revised mandate within the framework of the post-2020 biodiversity framework;
(c)Applying the enhanced participation mechanisms used by the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions for the participation of representatives of indigenous peoples and local communities, as appropriate, when addressing matters of direct relevance to indigenous peoples and local communities in the subsidiary bodies, in order to ensure their effective participation and to fully integrate them into the work of the Convention;
10.Requests the Executive Secretary to compile and analyse the information received with a view to proposing possible elements of a fully integrated programme of work as part of the post-2020 biodiversity framework as well as possible institutional arrangements and their modus operandi for the consideration of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions at its eleventh meeting;
11.Also requests the Executive Secretary to prepare a projection of the financial and governance implications of possible institutional arrangements for the implementation of Article 8(j) and related provisions for the biennium 2021-2022 for the consideration of the Subsidiary Body on Implementation at its third meeting;
12. Requests the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions to develop, at its eleventh meeting, proposals for possible future work, including proposals for a second phase of work on the Plan of Action on Customary Sustainable Use, as well as institutional arrangements and their modus operandi for consideration by the Subsidiary Body on Implementation at its third meeting in order to inform the development of a fully integrated programme of work as part of the post-2020 biodiversity framework which takes into account developments in other relevant international forums and organizations;
13.Requests the Executive Secretary, subject to the availability of resources, to extend appropriate assistance that enables representatives of indigenous peoples and local communities to participate effectively in broader discussions and processes under the Convention, including through regional consultations, which will determine the post-2020 biodiversity framework, in order to facilitate the integration of any further work on Article 8(j) and related provisions into the work of the Convention.