Decision COP VIII/5

The Conference of the Parties

1. Requests the Executive Secretary to continue to report on progress on the implementation of Article 8(j) and related provisions based on information submitted to the Executive Secretary, for consideration at the fifth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions;

2. Invites Parties to submit through their national reports, if appropriate, to the Executive Secretary, reports on progress in achieving national participation of indigenous and local communities, and associated capacity‑building, and requests the Executive Secretary to compile these submissions and, as appropriate and with the assistance of Parties and of indigenous and local communities, prepare a statistical report thereon identifying, inter alia, participation in different bodies of the Convention, participation from different countries/continents, participation in government delegations as well as outside of government delegations, and those funded by voluntary mechanisms;

3. Requests Parties that have not yet submitted information regarding the implementation of the programme of work to do so in consultation with indigenous and local communities, as appropriate, in time for the fifth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions

4. Underlines that the continued implementation of the programme of work should take note of work being carried out in other relevant international bodies;

5. Requests the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions at its next meeting to address, as a priority, the timeframe to initiate work on the remaining tasks of the programme of work;

6. Requests the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions to analyse work initiated and/or advanced on related provisions, in particular Articles 10 (c), 17, paragraph 2, and 18, paragraph 4, of the Convention, and based on this information to provide advice on how these related provisions may be further advanced and implemented;

7. Decides further that the fifth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions be organized prior to the ninth meeting of the Conference of the Parties in order to ensure further advancement of the implementation of the programme of work on Article 8(j) and related provisions;

8. Notes the progress made in the integration of the relevant tasks of the programme of work in the thematic programmes of the Convention;

9. Requests the Executive Secretary to continue reporting on progress achieved in the integration of relevant tasks of the programme of work on Article 8(j) into the thematic programmes, and to consider ways and means that the Working Group can assist in the implementation of work in the thematic programmes for the consideration of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions at its fifth meeting.

The Conference of the Parties,

Recalling its decision VII/19 D,

1. Requests the collaboration and contribution of the Ad Hoc Open-ended Inter-sessional Working Group on Article 8(j) and Related Provisions to the fulfilment of the mandate of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing by providing views on the  elaboration and negotiation of an international regime on access and benefit-sharing relevant to traditional knowledge, innovations and practices associated with genetic resources and to the fair and equitable sharing of benefits arising from their utilization  and requests the Executive Secretary to compile these views and make them available to the Ad Hoc open-ended  Working Group on Access and Benefit-sharing before its sixth meeting;

2. Invites indigenous and local communities to submit to their governments and to provide to the Secretariat comments, including case‑studies, on their experience with effective measures for the protection of their traditional knowledge, innovations and practices associated with genetic resources;

3. Requests the Executive Secretary, where practicable, to make the necessary arrangements for the Ad Hoc Open-ended Working Group on Access and Benefit-sharing to be convened immediately following the Ad Hoc Open-ended Inter-Sessional Working Group on the Article 8(j) and Related Provisions;

4. Invites Parties, Governments, and donor organizations to contribute to provide the ways and means to facilitate sufficient preparation and participation of representatives of indigenous and local communities in the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions and the Ad Hoc Open-ended Working Group on Access and Benefit-sharing;

5. Requests the Executive Secretary to endeavour to make documentation for the meetings of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions and the Ad Hoc Open-ended Working Group on Access and Benefit-sharing available three months prior to those meeting, where possible, to facilitate consultations with representatives of indigenous and local communities;

6. Having regard to paragraph 1 above, reaffirms paragraph 6 of decision VII/19 D,  and to this end:

7. Invites chairpersons to facilitate the effective participation of representatives of indigenous and local communities and to consult them, as appropriate, on issues related to traditional knowledge, innovations and practices and associated genetic resources, in proceedings related to decision VII/19 D in accordance with the rules of procedure.

The Conference of the Parties adopts the following mechanism to promote the effective participation of indigenous and local communities in meetings held under the Convention.

I. Criteria for the operation of the Voluntary Funding mechanism

1. Adopts the draft criteria for the operation of the voluntary funding mechanism annexed to the present recommendation;

2. Urges Parties, Governments as well as relevant funding institutions and mechanisms to make voluntary contributions to the trust fund;

3. Invites Parties, Governments and relevant funding institutions and mechanisms to provide financial support to developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition, where appropriate, for capacity‑building and training for representatives of indigenous and local communities in meetings of the Convention;

II. The Role of the Thematic Focal Point under the Clearing-House Mechanism

4. Notes with appreciation the launching of the traditional knowledge information portal and related initiatives by the Secretariat, including the provision of other communication tools that are easily accessible for indigenous and local communities;

5. Takes note of the need for appropriate and effective funding being made available for the translation of notifications and other information resources, including the traditional knowledge information portal, for indigenous and local communities, as appropriate, into the six official languages of the United Nations,

6. Requests the Executive Secretary to:

7. Invites Parties, Governments and relevant funding institutions and mechanisms to provide financial support to developing country Parties, in particular the least developed and small island developing States among them, and countries with economies in transition where appropriate, to support national projects for the translation of documentation for meetings of the Convention on Biological Diversity into local languages.