Eighth Meeting of Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity Being Held Montreal

From 7 to 11 October 2013, the Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity (Working Group) will hold its eighth meeting in Montreal, Canada. Several important items are on the agenda this year, including whether to adopt the terminology "indigenous peoples and local communities" (Agenda Item 5); consideration of a draft plan of action on customary sustainable use of biological diversity (Agenda Item 4(a)); consideration of best practice guidelines regarding repatriation of traditional knowledge (Agenda Item 4(b); and potential revision of tasks 7, 10 and 12 of the programme of work on implementation of Article 8(j) (Agenda Item 4(c)). In addition, a number of side events will be held during the meeting addressing a wide variety of topics and issues relevant to Article 8(j) and related provisions of the Convention. Eli Makagon of Natural Justice will be attending and presenting on Natural Justice's work in this area. For more information, see the meeting documents, and follow IISD's coverage of the event, as well as Natural Justice's blog and Twitter feed. 

Overview of Key CBD COP11 Outcomes

Kabir Bavikatte (left) and Holly Shrumm (Natural Justice)

discussing key issues in the negotiations towards a plan

of action on customary sustainable use. Photo via IISD-RS.

Natural Justice was recently in India for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD), which took place from 8-19 October in Hyderabad. In addition to a range of events and meetings, we actively participated in the negotiations, with particular emphasis on the draft decisions on Article 8(j) and Related Provisions, Sustainable Use of Biodiversity, and Protected Areas. Other key agenda items for which we provided technical guidance and coordination assistance through the CBD Alliance and ICCA Consortium included: Monitoring Progress on the Implementation of the Strategic Plan and Aichi Biodiversity Targets; Review of the Programme of Work on Island Biodiversity; Ecosystem Restoration; Marine and Coastal Biodiversity; Biodiversity and Climate Change; Biodiversity for Poverty Eradication and Development; Biological Diversity of Inland Water Ecosystems; Forest Biodiversity; and Agricultural Biodiversity.

The overriding emphasis of the negotiations was on setting the foundations for resource mobilisation and policy alignment for implementation of the 2011-2020 Strategic Plan and Aichi Biodiversity Targets. Amongst the 33 decisions adopted, there were many provisions of direct relevance to the work of Natural Justice and our partners.

Joint Submission on Programme of Work on Article 8(j)

The Forest Peoples Programme, Natural Justice and 24 other Indigenous peoples’ and community-based organisations and supporting NGOs made a joint submission to the Secretariat of the Convention on Biological Diversity (CBD) concerning the further development of the Plan of Action for customary sustainable use as a new major component of the revised Programme of Work on Article 8(j) and Related Provisions. The submission suggests that the new component addresses secure land, resource and tenure rights as a fundamental condition for effective customary sustainable use of biological resources.

Overall, the submission states that the draft Plan of Action should encourage Parties to the CBD to: 

• Take necessary measures to secure indigenous peoples’ and local communities’ territories and land, resource and tenure rights; 
• Promote and support stewardship, governance and management by indigenous peoples and local communities; 
• Ensure that laws, policies, and decision-making processes at all levels appropriately recognize and respect customary laws, institutions, worldviews, resource management practices, and traditional knowledge, languages, educational systems, and occupations; 
• Review, revise, enact, and implement laws and policies at all levels in accordance with the ecosystem approach and with the full and effective participation and free, prior and informed consent of indigenous peoples and local communities; and
• Respect and apply the right of free, prior informed consent of indigenous peoples and local communities in all actions that may affect their territories, lands and waters (including and inland, coastal and marine).

The joint submission is available for download here. Other legal submissions compiled by Natural Justice and its partners can be found here.

Training Session on Nagoya Protocol and BCPs for Tribal Link's Project Access

In preparation for the 11th session of the UN Permanent Forum on Indigenous Issues (UNPFII), Tribal Link organised a training session for Indigenous Peoples from all over the world from 2-4 May. This year's training included a daylong session on the Convention on Biological Diversity (CBD), Article 8(j) of the Convention, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, and biocultural community protocols. The third day of the training was organised by John Scott (CBD Secretariat), assisted by Lucy Mulenkei (Indigenous Information Network and the Indigenous Women's Biodiversity Network, IWBN), Florina Lopez (Kuna Yalaas and IWBN) and Johanna von Braun (Natural Justice).

Many of the discussions related to comparing strategies of engagement between the UNPFII and the CBD with respect to indigenous issues. The 11th Session of the UNPFII is affected, similar to previous years, by severe spacial challenges due to ongoing constructions at the UN Secretariat in New York. While 1600 participants have been registered from all over the world, the meeting venue can only hold 400 people.

Working Group on Article 8(j) Concludes in Montreal

The 7th Meeting of the Working Group on Article 8(j) and Related Provisions (WG8(j)-7) concluded in the evening of 4 November in Montreal. Throughout the week, delegates considered a range of issues, including:

• Progress report on the Programme of Work on Article 8(j) and related provisions;
• Mechanisms to promote the effective participation of Indigenous peoples and local communities in matters related to the objectives of Article 8(j) and related provisions of the CBD;
• Multi-year Programme of Work on the implementation of Article 8(j) and related provisions, with a new major component on Article 10 with a focus on Article 10(c), as well as focus on development of sui generis systems for the protection of traditional knowledge and development of indicators relevant for traditional knowledge and customary use;
• In-depth dialogue on thematic areas and other cross-cutting issues of ecosystem management, ecosystem services, and protected areas;
• Recommendations from the United Nations Permanent Forum on Indigenous Issues; and
• Adoption of recommendations.

The Secretariat’s meeting report and all of the in-session documents, including L docs with draft recommendations submitted by the Chair, are available online. For more detailed information about the negotiations' outcomes, read the Earth Negotiations Bulletin summary and analysis.

Side Events on BCPs, REDD, ABS, and Protected Areas

At the 7th meeting of the Working Group on Article 8(j) (WG8(j)) held in Montreal from 31 October to 4 November, Natural Justice participated in four side events hosted by other organizations. The first side event hosted by Asociacion ANDES and the International Institute for Environment and Development (IIED) was entitled, "Customary Norms and Biocultural Protocols in the Potato Park, Peru" and focused on the development of an inter-community agreement for equitable benefit-sharing based on Quechua customary laws, and the role of the agreement in strengthening local economies and knowledge systems. The side event also launched a new publication on the biocultural protocol of the six Quechua communities that established, governed and managed the Potato Park as an in-situ gene bank under their stewardship.

Side Event on Recognizing and Supporting ICCAs

Women in Pa' Upan, Krayan Selatan, Indonesia.
Credit: Cristina Eghenter

On Wednesday, 2 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice co-hosted a side event with the Union of Indigenous Nomadic Pastoralist Tribes of Iran and the ICCA Consortium entitled, “Recognizing and Supporting Territories and Areas Conserved by Indigenous Peoples and Local Communities”. It included a number of presentations from Indigenous peoples’ and local communities’ experiences and lessons learned with the recognition and support of ICCAs in different contexts.

Territories and areas conserved by Indigenous peoples and local communities (also known as ICCAs) are a phenomenon of global significance for the earth's biodiversity and ecosystem functions, cultural and linguistic diversity, and livelihood security. If appropriately recognized and supported, ICCAs could account for the conservation of as much land and natural resources around the world as those currently under government protected areas. Since 2003 and 2004, respectively, the International Union for Conservation of Nature (IUCN) and the CBD Programme of Work on Protected Areas (PoWPA) have stressed the need to better understand and appropriately support ICCAs. CBD Decision X/31 also calls upon Parties to recognize the role of ICCAs in biodiversity conservation, collaborative management, and the diversification of protected area governance types.

Roundtable on Indigenous Peoples' Territories at WG8(j)

On Tuesday, 1 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice hosted a roundtable on Indigenous peoples’ territories and community conserved areas. Members of Indigenous peoples and local communities from Zimbabwe, Australia, Canada, and Iran shared their experiences with varying types of legal recognition of collective rights to territories, areas, and resources, recognition of customary governance and management systems, and identity as a function of cultural connection to lands and waters.

Inappropriate forms of recognition and support was a common theme, particularly in cases where government or market-based mechanisms either retain ownership or decision-making power or have the potential to significantly undermine that of communities, primarily due to lack of attention to governance issues and inequitable sharing of costs and benefits. Other major barriers and challenges include far-reaching assimilationist policies, lack of full and effective participation of Indigenous peoples and local communities in decision-making processes that affect them, and a “clash of values” between customary and state legal systems and the collective and individual rights that they respectively elicit.

NJ in Montreal for Working Group on Article 8(j)

Kabir Bavikatte and Holly Shrumm (Natural Justice) are in Montreal, Canada, for the 7th Meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions (WG8(j)). The meeting will take place from 31 October to 4 November and will be preceded by a capacity building workshop on access and benefit sharing from 29-30 October.

Natural Justice will co-host and participate in a range of side events and meetings and will post reports on this blog throughout the week. Daily coverage of the negotiations will be provided by IISD Reporting Services.

ABS Working Group 9, Cali, Colombia

The ninth meeting of the ABS Working Group (ABS 9) of the Convention on Biological Diversity (CBD) will be held from 22-28 March in Cali, Colombia. ABS 9 will continue negotiations on an international regime on ABS, and focus on the consolidation of operational texts developed at the seventh and eighth meetings of the Working Group. With regard to the main components of the regime, including traditional knowledge, the meeting is expected to proceed with the negotiating process with a view to achieving consensus. It should be recalled that, in accordance with Decision IX/12 of the Conference of the Parties (COP) to the CBD, the Working Group is instructed to finalize the international regime and to submit for consideration and adoption by COP 10 an instrument/instruments to effectively implement the provisions in Article 15 and 8(j) of the Convention and its three objectives. ABS 9 is the last meeting of the Working Group before CBD COP 10, to be held from 18-29 October 2010, in Nagoya, Japan. Natural Justice's Johanna von Braun, Holly Shrumm, Kabir Bavikatte, Gino Cocchiaro and Harry Jonas will be in attendance. Kabir will be advising the African Group while Johanna, Holly, Gino, and Harry will be coordinating consultations and presenting at side events. Daily reports can be read on: http://www.iisd.ca/biodiv/abs9/

Natural Justice Active in Montreal: Kabir Bavikatte's Report

Kabir Bavikatte supported the African Group as its legal advisor in the negotiations within the Working Group on Article 8j and the Working Group on ABS. Specifically Kabir worked with the African Group in identifying key aspects from the report of the Expert Group on Traditional Knowledge associated with Genetic Resources to be highlighted by the Working Group on 8j and to be considered in its negotiations by the Working Group on ABS. Kabir also supported the African Group in the negotiations towards developing an Ethical Code of Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities. During the negotiations of the Working Group on ABS, Kabir specifically supported the African Group in the negotiations relating to Compliance and Traditional Knowledge elements of the potential International Regime on ABS.

Two side events on TK Commons were hosted by Natural Justice and IDLO. The format for both was the same and Kabir presented at both. Also at the side event by Brendan Tobin, Kabir presented on Human Rights and Biocultural Protocols. Natural Justice jointly hosted it with the Irish Center for Human Rights.

Working Group on Article 8j of the CBD

Elan Abrell, Kabir Bavikatte and Harry Jonas are in Montreal at the 6th meeting of the Working Group on Article 8j. Natural Justice will host two side events, one on bio-cultural community protocols and one on the TK commons, launching books on the respective subjects at both. Kabir Bavikatte will be advising the African Group, specifically on the provision of views to the Ad hoc WG on ABS.

Picture: Kabir Bavikatte, left, discusses the African Text.