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Fourth Meeting of the Ad hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity


23 - 27 January 2006 | Granada, Spain

 

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SUMMARY
 

Highlights for Thursday, 26 January 2006



On Thursday, delegates convened in two Sub-Working Groups (SWGs). SWG-I considered and approved draft recommendations on the composite report, the programme of work on Article 8(j), sui generis systems for the protection of TK and access and benefit sharing. SWG-II considered and approved draft recommendations on: the ethical code of conduct; recommendations of the UNPFII; participatory mechanisms; and, following a contact group, GURTs.

Above photo: CBD Executive Secretary, Ahmed Djoghlaf (center) met and heard views from various indigenous delegates in the afternoon.


SUB-WORKING GROUP I: COMPOSITE REPORT




Discussion focused on the reference to community ownership and control. The INTERNATIONAL INDIGENOUS FORUM ON BIODIVERSITY (IIFB), opposed subjecting it to national legislation, and suggested either deleting the clause or inserting a reference to consistency with international and human rights obligations. BRAZIL preferred deleting the reference; delegates agreed and approved the recommendation with this and other minor amendments.

Above photos L-R: Jannie Lasimbang and Lourdes Amos (IIFB); Hadil Fontes Da Rocha Vianna (Brazil)


SUI GENERIS SYSTEM:



On the international sui generis framework, COLOMBIA proposed referring only to the development of elements identified in Annex to decision 7/16H.


Above photo L-R: Fernando Casas (Colombia)

AUSTRALIA, supported by many, also proposed that the Secretariat inform other international organizations of the “progress” achieved in Article 8(j) WG in developing such elements.

Above photo: Caroline McCarthy and Geoff Burton (Australia)

HAITI preferred referring to bi-national frameworks.





Above photo L-R: Joseph Ronald Toussaint (Haiti)


INTERNATIONAL ABS REGIME:



Discussion on the ABS regime commenced in the afternoon, on the basis of a GRULAC proposal tabled in the morning. 

Above photo:
CÚsar Molina (Venezuela)

The EU proposed requesting the Article 8(j) WG, rather than parties, to provide views on TK-related elements of the regime.

Above photo L-R:  Linda Brown and Hermann Hansmann (Austria on behalf of the EU)

INDIA proposed that views on TK-related elements be compiled by the Executive Secretary.


Above photo:
Sujata Arora (India), Mariana Bellot Rojas (Mexico) and Hermann Hansmann (Austria on behalf of the EU)



The IIFB recalled that the Article 8(j) WG makes recommendations, and not only provides views.


Above photo: Le'a Malia Kanehe (IIFB)

NEW ZEALAND opposed extending the Advisory Group’s mandate, noting it was established to address the composite report.

Above photo L-R: Erica Gregory, Felicity Buchanan and Alison Watson (New Zealand)

NORWAY preferred creating a new advisory group.



Above photo: Tone Solhaug and Leif John Fosse (Norway)


SUB-WORKING GROUP II: GENETIC USE RESTRICTION TECHNOLOGIES (GURTs)



The PHILIPPINES, supported by many, suggested requesting WIPO to prepare a report on all GURT patents issued and pending worldwide.

Above photo: Elpidio Peria (The Philippines)

AFRICA, supported by NORWAY and IIFB, requested deleting a reference to promoting technology transfer on GURTs.


Above photo L-R: Tewolde Berhan Gebre Egziabher (Ethiopia) and David Hafashimana (Uganda speaking on behalf of African Group) 

The RED DE COOPERACION AMAZONICA asked to refer to the negative impacts of GURTs on local communities.


Above photo: Santiago Obispo (Red de Cooperacion Amazonica)



The US noted that the AHTEG meeting had also discussed potential positive impacts of GURTs.



Above photo: Douglas Newmann (US)

The ETC GROUP called on delegates to strengthen COP Decision V/5 by recognizing the potential negative impact of GURTs on indigenous peoples and smallholder farmers.

Above photo: Hope Shand (ETC Group)

The IIFB called on parties to grant a continuous coordination mandate and advisory functions to the Article 8(j) WG in future consideration of GURTs.



Above photo L-R: Onel Masardule, Viviana Figueroa and Hortencia Hidalgo (IIFB)



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