Notification 2009-003

Dear Madam/Sir, In its decision IX/13, the Conference of the Parties (COP) decided that the Working Group on Article 8 (j) and related provisions shall meet once during the inter-sessional period between its ninth and tenth meetings. In the same decision, the COP also made a number of decisions regarding the work program on article 8 (j) and related provisions. In accordance with decision IX/13, the sixth meeting of the Working Group on Article 8j and related provisions (WG8J-6), will be held in Kuala Lumpur, Malaysia, on 2-6 November 2009, back-to-back with the eighth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing (WG ABS-8). In order to assist with the preparation of documentation for the sixth meeting of the Ad Hoc Open-ended Inter-sessional Working Group on Article 8 (j) and related provisions, Parties, other governments, indigenous peoples and local communities, and other relevant organizations, are invited to provide submissions on the following issues and within the indicated timeline: I. PROGRESS REPORT ON THE IMPLEMENTATION OF THE PROGRAMME OF WORK ON ARTICLE 8(J) AND RELATED PROVISIONS: 1. Initiation of Tasks 7<sup>1 , 10² and 12 ³ In decision IX/13 A, paragraph 7, the Conference of the Parties decided to initiate tasks 7, 10 and 12. For that purpose, the COP invited Parties, Governments, indigenous peoples and local communities, and other relevant organizations to provide submissions on how to take these tasks forward, identifying the effective contribution of the Working Group on Article 8(j) and related provisions to ongoing work, in particular concerning sui generis systems, the code of ethical conduct and the international regime on access and benefit-sharing, and requested the Executive Secretary to compile these views and make them available to the WG8J-6 for its consideration. 2. Initiation of Task 15⁴ In decision IX/13 A, paragraph 8, the Conference of the Parties decided to initiate task 15 of the programme of work for Article 8(j) and related provisions in accordance with Article 17, paragraph 2, of the Convention on Biological Diversity, in order to facilitate the recovery of traditional knowledge of biological diversity and invited Parties, governments and international organizations, indigenous peoples and local communities and other stakeholders to provide their views to the Secretariat and requested the Executive Secretary to compile these views and make them available to the WG8J-6 for its consideration, and the development of terms of reference in order to address this issue. 3. Desirability and the potential elements of a strategy for conservation and sustainable use In decision IX/13 A, paragraph 10, the Conference of the Parties encouraged Parties, indigenous and local communities to provide submissions on the desirability and the potential elements of a strategy for conservation and sustainable use, including customary use, of biodiversity by indigenous and local communities aimed at empowering and strengthening the role of indigenous peoples and local communities in decision-making processes at local, national and international levels, and requested the Executive Secretary to compile these submissions and make them available to of the WG8J-6 for its consideration. 4. In-depth Review of the Programme of Work of Article 8(j) and related provisions In decision IX/13 A, paragraph 11, the Conference of the Parties, decided to undertake, at its tenth meeting, an in-depth review of the task of the programme of work of Article 8(j) and related provisions with the purpose of continuing the work of the Working Group on Article 8(j), and with a view to placing greater interlinkages between the protection of traditional knowledge, innovations and practices and the conservation and sustainable use of biological diversity and, the fair and equitable sharing of benefits arising from the utilization of traditional knowledge innovations and practices. To assist the Working Group on Article 8(j) to provide timely advice to the Conference of the Parties on this matter, Parties, governments and international organizations, indigenous peoples and local communities and other stakeholders are requested to provide their views to the Secretariat, so that they may be compiled and made available to the WG8J-6. II. DEVELOPMENT OF ELEMENTS OF SUI GENERIS SYSTEMS FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE, INNOVATIONS AND PRACTICES: In decision IX/13 F, paragraph 3, the Conference of the Parties invited Parties, Governments, indigenous and local communities and relevant organizations to share their experience in the development, adoption or recognition of sui generis systems, and to submit to the Executive Secretary concise case-studies and other experiences that underpin the elements of sui generis systems relevant to the conservation and sustainable use of biodiversity contained in the note by the Executive Secretary on development of elements of sui generis systems for the protection of traditional knowledge, innovations and practices (UNEP/CBD/WG8J/5/6), including means to ensure prior and informed consent and requested the Executive Secretary to make case studies and experiences available through the clearing house mechanism of the Convention and other means and to update his note on the subject (UNEP/CBD/WG8J/5/6) in light of the case studies and experiences received, for consideration by the WG8J-6. III. ELEMENTS OF A CODE OF ETHICAL CONDUCT: In decision IX/13 G, paragraphs 2 and 4, the Conference of the Parties requested Parties and invited Governments, indigenous and local communities, relevant international organizations and other stakeholders, after having undertaken, where appropriate, consultations, to submit written comments to the Executive Secretary on the revised draft elements, (e.g. see decision IX/13, Annex) at least sixth months prior to the sixth meeting of the Ad Hoc Working Group on Article 8(j) and Related provisions, and requested the Executive Secretary to compile views and comments provided and make compilations available at least three months prior to the WG8J-6 for its consideration. IV. INDICATORS FOR ASSESSING PROGRESS TOWARDS THE 2010 BIODIVERSITY TARGET: STATUS OF TRADITIONAL KNOWLEDGE, INNOVATIONS AND PRACTICES: In decision IX/13 H, paragraphs 7 and 8, the Conference of the Parties invited Parties, Governments and relevant organizations, in consultation with indigenous and local communities, to submit to the Executive Secretary information on experiences and lessons learned in designing and, as appropriate, testing, national indicators for status and trends of traditional knowledge, innovations and practices, in order to assess progress towards the 2010 Biodiversity Target, as well as to assess progress in the implementation of the Strategic Plan, and also invited parties, in consultation with indigenous and local communities, to report thereon in the fourth national reports, and requested the Executive Secretary to compile and assess data availability on the information received, and to transmit the compilation and analysis to the sixth meeting of the Ad Hoc Open-ended Inter-sessional Working Group on Article 8(j) and Related Provisions, as basis for further work. TIMEFRAME FOR CONTRIBUTIONS: In order to facilitate the timely preparation of background documentation for the meeting and to allow the Secretariat to provide documents three months before the meeting in accordance with decision IX/13 E, paragraph 8, Parties, governments and indigenous peoples and local communities are invited to submit their contributions regarding the above-mentioned issues no later than 30th April 2009. This will ensure that the submissions received are properly reflected in the documentation for the meeting. Please note that all submissions may be provided in any word processing format and should be submitted electronically. I thank you in advance for your cooperation and your continued support to the work of the Convention. Please accept, Madam/Sir, the assurances of my highest consideration. ¹ Decision V/16 Annex, Task 7: “Based on tasks 1, 2 and 4, the Working Group to develop guidelines for the development of mechanisms, legislation or other appropriate initiatives to ensure: (i) that indigenous and local communities obtain a fair and equitable share of benefits arising from the use and application of their knowledge, innovations and practices; (ii) that private and public institutions interested in using such knowledge, practices and innovations obtain the prior informed approval of the indigenous and local communities; (iii) advancement of the identification of the obligations of countries of origin, as well as Parties and Governments where such knowledge, innovations and practices and the associated genetic resources are used”. ² Decision V/16 Annex, Task 10: “The Ad Hoc Working Group to develop standards and guidelines for the reporting and prevention of unlawful appropriation of traditional knowledge and related genetic resources”. ³ Decision V/16 Annex, Task 12:”The Working Group to develop guidelines that will assist Parties and Governments in the development of legislation or other mechanisms, as appropriate, to implement Article 8(j) and its related provisions (which could include sui generis systems), and definitions of relevant key terms and concepts in Article 8(j) and related provisions at international, regional and national levels, that recognize, safeguard and fully guarantee the rights of indigenous and local communities over their traditional knowledge, innovations and practices, within the context of the Convention”. ⁴ Decision V/16, Annex, Task 15: “The Ad Hoc Working Group to develop guidelines that would facilitate repatriation of information, including cultural property, in accordance with Article 17, paragraph 2, of the Convention on Biological Diversity in order to facilitate the recovery of traditional knowledge of biological diversity”.

Executive Secretary

To: CBD National Focal Points, Indigenous and Local Communities