The Working Group adopted recommendations on, inter alia: progress in implementation of the Article; benefit-sharing from, and unlawful appropriation of, traditional knowledge; development of elements of sui generis systems for the protection of traditional knowledge; mechanisms to promote the effective participation of ILCs in the work of the Convention; and development of indicators relevant for traditional knowledge and customary sustainable use.
4 November 2011: The Ad hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions under the Convention on Biological Diversity (CBD) adopted eight recommendations and made progress on additional issues. It faced difficulties, however, addressing three key topics, and did not tackle the issue of revising the CBD terminology from “indigenous and local communities” (ILCs) to “indigenous peoples and local communities” and implications for the Convention’s work.
The Working Group met in Montreal, Canada, from 31 October-4 November 2011. It adopted recommendations on: progress in implementation of Article 8(j) and related provisions; Tasks 7, 10 and 12 (benefit-sharing from, and unlawful appropriation of, traditional knowledge) of the Article 8(j) Work Programme; development of elements of sui generis systems for the protection of traditional knowledge; mechanisms to promote the effective participation of ILCs in the work of the Convention, including a report of an expert group meeting of local community representatives; Article 10(c) (customary sustainable use) as a new major component of work on the Article 8(j) work programme; development of indicators relevant for traditional knowledge and customary sustainable use; recommendations from the UN Permanent Forum on Indigenous Issues (UNPFII); and terms of reference for the development of guidelines on repatriation.
The Working Group made progress on Article 10(c), recommending the development of an action plan on customary sustainable use and its phased implementation, and on repatriation. Delegates, however, faced difficulties in addressing: references to rights and legislation on lands, waters and resources in the context of, and to the impacts of climate change on, customary sustainable use; reference to international repatriation; and the need for prior informed consent for the continued use of repatriated traditional knowledge by the repatriating country.
The Working Group recommendations will be submitted to the CBD Conference of the Parties at its 11th meeting (COP 11), to be held in October 2012. [IISD RS Meeting Coverage]