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Addressee: Convention on Biological Diversity, the Ad Hoc Working Group on Long-term Cooperative Action of the United Nations Framework Convention on Climate Change, and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO)
Full Text
The Permanent Forum recognizes the importance of indigenous peoples knowledge systems as the basis of their development with culture and identity and therefore recommends that ongoing international processes, such as negotiations on the international regime on access and benefit-sharing of the Convention on Biological Diversity, the Ad Hoc Working Group on Long-term Cooperative Action of the United Nations Framework Convention on Climate Change, and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization, should recognize and integrate the crucial role and relevance of indigenous knowledge systems in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
Responses
The Secretariat of UNFCCC reports (2011): The UNFCCC secretariat is pleased to report significant progress regarding the implementation of recommendation 13 with the inclusion of many references to indigenous issues in the decision "Outcome of the work of the Ad-Hoc Working Group on long-term Cooperative Action under the Convention" adopted at COP16/CMP 6 held in Cancun, 28 November - 10 December 2010. Relevant excerpts are contained in the UNFCCC submission to the Tenth Session, available on the Tenth session webpage of the Permanent Forum.
COP 16/CMP 6 further adopted a decision titled "Progress in, and ways to enhance, the implementation of the amended New Delhi work programme on Article 6 of the Convention" according to which Parties are invited to undertake a number of actions to enhance the implementation of the amended New Delhi work programme (decision 9/CP.13), regarding climate change education, training and public awareness. One of the actions listed
relates to fostering the participation of indigenous peoples (amongst other groups) in decision-making on climate change at the national level and their attendance at intergovernmental meetings, including sessions of the Conference of the Parties, the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol and the subsidiary bodies (paragraph 2 (e)).
Furthermore, among the recommendations agreed upon by participants to the regional workshop on the implementation of Article 6 of the Convention in small island developing States (November 2010), there is one regarding the
provision of incentives for indigenous people (amongst other groups) to participate in the formulation and implementation of efforts to address climate change (document FCCC/SB1/2010/22, paragraph 61 0)). Moreover, the participants to the regional workshop on the implementation of Article 6 of the Convention in Latin America and the Caribbean (April 2010) noted that improved reporting on activities related to Article 6 through national communications would also require national coordinating mechanisms, which would include indigenous people (amongst other groups) to coordinate the reporting process and share best practices and main challenges in the implementation of activities related to Article 6 (document FCCC/SBI/201 0/9, paragraph 61 (b)).
SCBD reports (2011): The Nagoya Protocol on Access and Benefit Sharing was adopted at COP 10, and fully recognizes the importance of traditional knowledge systems.
The purpose of the Protocol is to effectively implement one of the three core objectives of the
Convention: the fair and equitable sharing of benefits arising from the utilization of genetic resources. It builds on the access and benefit-sharing provisions of the Convention.
Regarding associated traditional knowledge
The Preamble provides a context for the interpretation of the text of the Protocol. The preamble contains seven paragraphs relevant to ILCs and TK. These paragraphs includes references to article 8(j), the interrelationship between GR and TK and their inseparable nature, the diversity of circumstances in which TK is owned or held (including by countries), the identification of the rightful holders of TK, the Declaration on the rights of indigenous peoples and the non-extinguishment of existing rights.
The Protocol also contains significant provisions relating to traditional knowledge associated with genetic resources held by indigenous and local communities, as well as to genetic resources held by indigenous and local communities where the rights of these communities over these resources have been recognized.
The Protocol sets out clear obligations to seek the prior informed consent of indigenous and local communities in these situations. It also provides for the sharing of benefits arising from the use of traditional knowledge associated with genetic resources, as well as benefits arising from the use of genetic resources in accordance with domestic legislation. Benefit sharing must be based on mutually agreed terms.
In addition, Parties to the Protocol must ensure that their nationals comply with the domestic legislation and regulatory requirements of provider countries related to access and benefit-sharing of traditional knowledge associated with genetic resources.
(Report to UNPFII Tenth Session by CBD: http://www.un.org/esa/socdev/unpfii/en/session_tenth.html)
Final Report of UNPFII Session 9 (2010)
Area of Work
