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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

Montreal, Canada; 8-12 December 2003

 
Daily Web Coverage |Curtain| |Mon 8| |Tue 9| |Wed 10| |Thu 11| |Fri 12|

Highlights for Wednesday, 10 December 2003

Delegates to the third meeting of the Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity (CBD) convened in sub-working group sessions throughout the day. Sub-Working Group I (SWG-I) continued discussions on draft guidelines for the conduct of cultural, environmental and social impact assessments, and considered recommendations from the UN Permanent Forum on Indigenous Issues (PFII) and technology transfer. Sub-Working Group II (SWG-II) discussed a co-Chairs’ text on sui generis systems for the protection of traditional knowledge. A brief Plenary session was held in the afternoon to review progress.

Above photo: Indigenous representatives posing for a photo-op with Hamdallah Zedan, CBD Executive Secretary


SUB-WORKING GROUP I:


Mexico proposed a recommendation on the pending issue of transfer of traditional and innovative technologies from indigenous and local communities. 


Colombia said that the recommendation sends a signal to COP-7 to roll all issues on technology transfer into a single decision. Above photo L-R: Fernando Casas (Colombia) and Mohamad bin Osman (Malaysia)


Soumayila Bancé (Burkina Faso) said that many indigenous and local communities do not have access to web-based mechanisms for information exchange, asking for reference to other means of communication.



The IIFB proposed a number of amendments to the draft guidelines on impact assessments, adding inter alia, a paragraph on obtaining indigenous and local communities’ prior informed consent at different stages of the assessment process.  

Above photo L-R: Tamara Dionne Stout and Jannie Lasimbang (IIFB)




Saint Lucia asked to include a reference to the medical use of animal derivatives by indigenous and local communities in impact assessments on health.


Liberia said that traditional knowledge plays and essential role in impact assessments, and reiterated that indigenous and local communities are holders and owners of traditional knowledge rather than custodians. Above photo: Ben Donnie (Liberia) making an intervention.



The IIFB also suggested enabling indigenous and local communities to develop their own community development plans and that any development project would have to be in line with these plans. 

Above photo: Indigenous representatives posing for a picture during a break in the working Group session.


Above photo L-R: Jeffrey Beattie (Palau) and Kalimullah Shirazi (Pakistan) reading the ENB before the start of the morning session.

 

SUB-WORKING GROUP II:


On asking the Article 8(j) Working Group to identify complementary local elements of a sui generis regime on traditional medicine, Canada highlighted the need to consider measures need to protect the over-harvesting of plants for herbal remedies. Above photo: Jock Langford (Canada)

 


The Coordinating Organization Of Argentinian Indigenous Peoples Associations (COPIRECHA) called for recognizing the collective, inter-generational and transboundary nature of genetic resources and associated traditional knowledge. Above photo: Ariel Araujo (COPIRECHA) 



Noting that local and indigenous communities should determine access to traditional knowledge, India highlighted a practical problem in implementation when traditional knowledge is held by several indigenous and local communities. Above photo: Desh Deepak Verma (India)

 


Malaysia stressed the need to distinguish between in situ traditional knowledge (still in possession of indigenous and local communities), and ex situ traditional knowledge  (such as that in possession of governments). Above photo: Peh Suan Yong (Malaysia)



Brazil asked that, in developing sui generis systems for protecting traditional knowledge, these elements not only be relevant for the conservation and sustainable use of biodiversity but also ensure benefit-sharing arrangements for indigenous and local communities. 

Above photo: Mitzi Gurgel Valente da Costa (Brazil)


South Africa asked to recognize that ex situ traditional knowledge holdings should be subject to national legislation. Above photo: Tom Suchanandan (South Africa)



Sem Taukondjo Shikongo (Namibia) stressed the need to recognize the transboundary nature of genetic resources and associated traditional knowledge, innovations and practices.

 


Italy, on behalf of the EC member states and acceding countries (EU), supported inviting input from WIPO, in particular in relation to IPR mechanisms assisting in the protection of traditional knowledge and its recognition as prior art. Above photo: Stefano Gomes (Italy)


PLENARY:


Above photo L-R: Hamdallah Zedan, CBD Executive Secretary and Hans Hoogeveen Chair of the Working Group on Article 8(j)


Above photo L-R: SWG-II Co-chair Lucy Mulenkei (African Indigenous Women Organization) in discussion with SWG-I Co-Chair  Earl Stevenson  (Peguis First Nation)

 

 



SWG-I Co-Chair John Herity (Canada) reported on progress made by Sub-Working Group I and introduced the indigenous cousin of the Bonn Guidelines: the Akwekon guidelines on cultural, environmental and social impact assessments. 

SWG-II Co-Chair Diann Black Layne (Antigua and Barbuda) reported on progress made by Sub-Working Group II.  


Links

ENB Coverage and Summary (HTML, PDF, TEXT) of the First Meeting of the  Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the convention on Biological Diversity
ENB Coverage and Summary (HTML, PDF, TEXT) of the Second Meeting of the  Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the convention on Biological Diversity
ENB Coverage and Summary (HTML, PDF, TEXT) of CBD SBSTTA-9
ENB coverage of the First Ad Hoc Open-ended Working Group on Access and Benefit-Sharing
ENB archives of CBD meetings
CBD web site
CBD Article 8(j) official meeting documents 
SD summary and coverage of the Vth IUCN World Parks Congress.
SD summary of the Norway/UN Conference on Technology Transfer and Capacity Building.  
First Meeting of the CGRFA acting as Interim Committee for the International Treaty on Plant Genetic Resources for Food and Agriculture
World Intellectual Property Organization
UN Permanent Forum on Indigenous Issues

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