The third meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity (CBD) met from 8-12 December 2003, in Montreal, Canada.

Approximately 240 participants attended the meeting, representing 84 governments, as well as indigenous and local community groups, UN agencies, inter-governmental and non-governmental organizations, academia and industry.
Delegates at the third meeting of the Working Group considered and adopted nine recommendations on: the integration of the work programme on Article 8(j) into the CBD thematic areas; progress in the implementation of the work programme; recommendations from the UN Permanent Forum on Indigenous Issues; genetic use restriction technologies; elements for a sui generis system for the protection of indigenous and local communities’ knowledge, innovations and practices; participatory and communication mechanisms for the effective involvement of indigenous and local communities in matters related to the objectives of Article 8(j); draft 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; the composite report regarding the knowledge, innovations and practices of indigenous and local communities; and technology transfer and cooperation. The recommendations adopted by the Working Group will be forwarded to the seventh meeting of the CBD Conference of the Parties (COP-7), to be held from 9-20 February 2004, in Kuala Lumpur, Malaysia.
The meeting was held in a constructive and efficient spirit, which was acknowledged by many during the closing Plenary. Expected stalemates were encountered regarding the role of international and national law and the recognition of customary law with regard to sui generis systems. However, the adoption of the Akwé: Kon guidelines on impact assessments, recommendations for concrete steps to increase indigenous participation in the CBD process, and proposed elements for sui generic systems for the protection of traditional knowledge bode well not only for the future of the Article 8(j) Working Group, but also for the implementation of the Convention. The Earth Negotiations Bulletin’s coverage of this meeting is available at: http://enb.iisd.org/biodiv/wg8j-3/