Decision COP VII/16

The Conference of the Parties

Decides that one meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions, financed from the core (BY) budget, be organized prior to the eighth meeting of the Conference of the Parties in order to ensure further advancement of the implementation of the work programme on Article 8(j) and related provisions.

The Conference of the Parties

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

2. Requests the Executive Secretary to prepare a progress report on the integration of the relevant tasks of the programme of work on Article 8(j) into each of the thematic areas for the consideration of the Ad Hoc Working Group on Article 8(j) and Related Provisions at its fourth meeting.

The Conference of the Parties

1. Notes the progress made in the implementation of the priority tasks of the programme of work on Article 8(j) and related provisions;

2. Urges Parties, where they have not already done so, to include information in their national reports on the status and trends in relation to knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and on progress made in the implementation of the priority tasks of the programme of work at the international, national, subnational and local levels;

3. Requests the Executive Secretary to prepare a report on progress on the implementation of the programme of work on Article 8(j) and related provisions based on information submitted in national reports, and other relevant information, for the next meeting of the Ad Hoc Open-ended Inter‑Sessional Working Group on Article 8(j) and Related Provisions.

The Conference of the Parties

Recalling decisions V/5, paragraph 23, and VI/5, paragraph 21, of the Conference of the Parties;

Noting the report of the Ad Hoc Technical Expert Group on Genetic Use Restriction Technologies (UNEP/CBD/WG8J/3/INF/2),

Noting also the potential socio-economic impacts of genetic use restriction technologies on small holder farmers and indigenous and local communities,

Noting further recommendation IX/2 of the Subsidiary Body on Scientific, Technical and Technological Advice adopted at its ninth meeting,

Aware of the need, expressed by a number of Parties and representatives of indigenous and local communities, to address this issue as a matter of urgency and priority,

1. Invites Parties and Governments, in collaboration with relevant organizations, to urgently create and develop, in accordance with identified needs and priorities, capacity-building programmes including the promotion of information and awareness campaigns, to involve and enable smallholder farmers, indigenous and local communities, and other relevant stakeholders to effectively participate in decision-making processes related to genetic use restriction technologies;

2. Urges the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention, to consider the potential socio-economic impacts of genetic use restriction technologies on indigenous and local communities, at its next meeting, on the basis of the report of the Ad Hoc Technical Expert Group on Genetic Use Restriction Technologies, the outcome of the deliberations of the tenth meeting of the Subsidiary Body on Scientific Technical and Technological Advice on this issue, and the study undertaken by the Food and Agriculture Organization of the United Nations, pursuant to decision V/5, on potential impacts of genetic use restriction technologies on agricultural biodiversity and agricultural production systems;

3. Invites Parties and indigenous and local communities to review the recommendations of the Ad Hoc Technical Expert Group on Genetic Use Restriction Technologies, as they relate to Article 8(j) and related provisions of the Convention, and provide comments thereon to the Executive Secretary, for consideration at the fourth meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention. The Parties as well as the indigenous communities may consult with other stakeholders for this purpose;

4. Requests the Executive Secretary to compile information provided by Parties and indigenous and local communities pursuant to paragraph 3 above and submit the compilation to the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention at its fourth meeting.

The Conference of the Parties,

Mindful that any information-gathering exercise pertaining to knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity should be conducted with the prior informed consent of the holders of such knowledge, innovations and practices,

Taking note of the report of the Ad Hoc Technical Expert Group on Biodiversity and Climate Change, which stresses the special impact of climate change on Arctic biodiversity and indigenous and local communities depending on such biodiversity,

Recalling that, by decision VI/10, the Conference of the Parties decided to adopt the outline of the composite report on the status and trends regarding the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, and to request the Executive Secretary to undertake the first phase of the composite report based on elements 1 and 2 of the outline,

Having considered the report on the first phase of the composite report on the status and trends of knowledge, innovations and practices, of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity,

Recalling that phase I of the composite report is intended to provide an accurate and comprehensive assessment of the state of retention of traditional knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and identify and assess measures and initiatives to protect and promote the use of traditional knowledge, innovations and practices,

Recognizing the conceptual and methodological challenges and financial and time constraints faced in preparing the composite report as foreseen in decision VI/10,

Acknowledging that further activities are necessary in phase one of the preparation of the composite report in order to address gaps and deficiencies,

Also acknowledging the desirability of ongoing information-gathering and sharing of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, particularly for the purpose of judging the collective success at reversing the decline of such knowledge, innovations and practices,

Emphasizing that any further activity needed under the first phase of the composite report should not prevent immediate initiation of activities under a second phase of the composite report, based upon sections 3 to 7 of the outline of the composite report (decision VI/10, annex I),

Phase one

1. Takes note with appreciation of the information prepared for 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 (UNEP/CBD/WG8J/3/INF/1);

2. Decides to undertake further activities to complete phase one of the composite report by the next meeting of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions,

3. Urges Parties, Governments, relevant organizations, indigenous and local communities and all relevant stakeholders to provide information, through the clearing-house mechanism of the Convention and other feasible means/media, to the Executive Secretary to support the completion of phase one of the composite report, 

4. Requests the Executive Secretary to continue work on phase one of the composite report in order to produce a revised version of it, in consultation with and with input from Parties, Governments, relevant organizations, all relevant stakeholders as appropriate, and from indigenous and local communities through the national focal points in consultation with and after approval of indigenous and local communities, taking into account the following elements, inter alia:

Phase two

5. Requests the Executive Secretary, through the national focal points in consultation with and after approval of indigenous and local communities and in consultation with and with input from Parties, Governments, relevant organizations, indigenous and local communities and all relevant stakeholders as appropriate, to immediately start work on a second phase of the composite report, laying emphasis on sections 4 and 5 of the outline of the composite report, foreseeing respectively the identification of national processes that may threaten the maintenance, preservation and application of traditional knowledge, innovations and practices and the identification of processes at the local community level that may threaten the maintenance, preservation and application of traditional knowledge, innovations and practices (decision VI/10, annex I);

6. Encourages Parties, Governments and competent organizations to support the efforts of indigenous and local communities to undertake field studies to determine the status, trends and threats related to the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, with the full involvement and approval of these communities. In undertaking these studies, the general principles of the programme of work on Article 8(j) and related provisions should be respected and followed, as should paragraph 28 (d) of annex I to decision VI/10, which states that codes of ethics/guidelines which entail permission and/or consent of indigenous and local communities to enter the communities and conduct the research, will be respected and followed;

Financial support

7. Urges Parties, Governments and relevant organizations to provide financial assistance for the completion of phase one and activities under phase two of the preparation of the composite report, in particular in order to support the full involvement and participation of indigenous and local communities in this work;

Development of a plan of action

8. Requests the Executive Secretary, through the national focal points in consultation with and after approval of indigenous and local communities, to further develop the draft elements for an action plan contained in the annex to the present recommendation, in particular with a view to identifying actors and timeframes, taking fully into account ongoing work under the Convention and relevant international organizations. The action plan would aim to:

9. Invites Parties, Governments and relevant organizations to take the elements identified in the annex into consideration when deciding upon activities to protect traditional knowledge, innovations and practices.