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Addressee: CBD
Full Text
The Permanent Forum reiterates to the parties to the Convention on Biological Diversity, and especially to the parties to the Nagoya Protocol, the importance of respecting and protecting indigenous peoples’ rights to genetic resources consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Consistent with the objective of “fair and equitable” benefit sharing in the Convention and Protocol, all rights based on customary use must be safeguarded and not only “established” rights. The Committee on the Elimination of Racial Discrimination has concluded that such kinds of distinctions would be discriminatory.
Responses
CBD reports that recommendation 27 is a reiteration of previous recommendations which were addressed by the Parties during the negotiation of the Nagoya Protocol. Rights to genetic resources are recognized in the protocol however the matter of access is deferred to the national level (in accordance with domestic legislation). This should not be surprising given the diversity of political and legal situations under which indigenous and local communities live and the non-exclusivity of rights over genetic resources which occur across boundaries and landscapes. The Nagoya Protocol is fully consistent with the equitable benefit sharing provisions of the Convention and safeguards customary use and exchange of both genetic resources and associated traditional knowledge in article 12, paragraph 4. The protocol also contains seven paragraphs directly relevant to indigenous and local communities which include a final paragraph which affirms: that nothing in this Protocol shall be construed as diminishing or extinguishing the existing rights of indigenous and local communities. In regards to the comment that, all rights based on customary use must be safeguarded and not only “established” rights, it is clear by the results of the negotiations, that Parties were unwilling or unable to address issues concerning future non-established claims to rights
Final Report of UNPFII Session 10 (2011)
Area of Work
