Decision COP 16/5

The Conference of the Parties,

Acknowledging the unique role of indigenous peoples and local communities and their innovations, practices and traditional knowledge in the implementation of the Convention on Biological Diversity its Protocols and the Kunming-Montreal Global Biodiversity Framework and in the work of the Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the Convention, and recognizing the need for the full and effective participation of indigenous peoples and local communities through a permanent subsidiary body,

1. Decides to establish a subsidiary body on Article 8(j) and other provisions of the Convention on Biological Diversity related to indigenous peoples and local communities, with a mandate to provide advice to the Conference of the Parties, other subsidiary bodies and, subject to their request, the Conference of the Parties serving as the meeting of the Parties to the Cartagena Protocol on Biosafety and the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization on matters of relevance to indigenous peoples and local communities that are within the scope of the Convention and its Protocols;

2. Requests the Subsidiary Body on Article 8(j) and Other Provisions of the Convention on Biological Diversity Related to Indigenous Peoples and Local Communities, at its first meeting, to further elaborate and finalize its modus operandi on the basis of the draft contained in recommendation 12/2 of the Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the Convention, taking into consideration the consolidated modus operandi of the Subsidiary Body on Scientific, Technical and Technological Advice and the modus operandi of the Subsidiary Body on Implementation, as well as established procedures of the Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the Convention, and to submit it for consideration at the seventeenth meeting of the Conference of the Parties with a view to its adoption;

3. Also requests the Subsidiary Body on Article 8(j) and Other Provisions of the Convention Related to Indigenous Peoples and Local Communities, when developing elements of its modus operandi, to take into consideration, inter alia, the following elements:

4. Decides to apply mutatis mutandis the consolidated modus operandi of the Subsidiary Body on Scientific, Technical and Technological Advice and established procedures and practices of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions of the Convention on an interim basis, until the Conference of the Parties adopts the modus operandi of the Subsidiary Body on Article 8(j) and Other Provisions of the Convention Related to Indigenous Peoples and Local Communities at its seventeenth meeting;

5. Encourages Parties, other Governments and relevant organizations to provide additional support to representatives of indigenous peoples and local communities to participate effectively in the meetings of the Subsidiary Body on Scientific, Technical and Technological Advice, the Subsidiary Body on Implementation and the Subsidiary Body on Article 8(j) and Other Provisions of the Convention Related to Indigenous Peoples and Local Communities.