The Conference of the Parties
Recalling recommendations 1, 8 and 9 of the report of the second session of the United Nations Permanent Forum on Indigenous Issues noted by the Conference of Parties in decision VII/16, paragraph 5, and decision VIII/5 F of the Conference of the Parties, concerning elements of an code of ethical conduct to ensure respect for the cultural and intellectual heritage of indigenous and local communities relevant for the conservation and sustainable use of biological diversity, and taking into account task 16 of the programme of work on Article 8(j) and related provisions,
Emphasizing that, for the purposes of this code, “cultural and intellectual heritage” refers to the cultural heritage and intellectual property of indigenous and local communities and is interpreted within the context of the Convention, as the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, Aiming to promote full respect for the cultural and intellectual heritage of indigenous and local communities relevant for the conservation and sustainable use of biological diversity,
Recalling that Parties to the Convention on Biological Diversity have, subject to their respective national legislation, undertaken, pursuant to Article 8(j) of the Convention, to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity (hereafter referred to as “traditional knowledge”), and to promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices,
Recognizing that respect for traditional knowledge requires that it is valued equally with and complementary to scientific knowledge, and that this is fundamental in order to promote full respect for the cultural and intellectual heritage of indigenous and local communities relevant to the conservation and sustainable use of biological diversity,
Recognizing also that any measure to respect, preserve and maintain the use of traditional knowledge, such as codes of ethical conduct, will stand a much greater chance of success if it has the support of indigenous and local communities and is designed and presented in terms that are comprehensible,
Further recognizing the importance of implementing the Akwé:Kon Voluntary Guidelines for the Conduct of Cultural, Environmental and Social Impact Assessments regarding Developments Proposed to Take Place on, or which are Likely to Impact on, Sacred Sites and on Lands and Waters Traditionally Occupied or Used by Indigenous and Local Communities,
Recalling that access by indigenous and local communities to lands and waters traditionally occupied or used by indigenous and local communities, together with the opportunity to practice traditional knowledge on those lands and waters, is paramount for the retention of traditional knowledge, and the development of innovations and practices relevant for the conservation and sustainable use of biological diversity,
Bearing in mind the importance of preserving and developing traditional languages used by indigenous and local communities as rich sources of traditional knowledge regarding medicines, traditional farm practices, including agricultural biodiversity and animal husbandry, lands, air, water and whole ecosystems that have been shared from one generation to the next,
Taking into account the holistic concept of traditional knowledge and its multi-dimensional characteristics which include but are not limited to spatial,2 cultural3 spiritual, and temporal qualities,
Further taking into account the various international bodies, instruments, programmes, strategies, standards, reports and processes of relevance and the importance of their harmonization and complementarity and effective implementation, in particular and where applicable:
(a) The Convention on the Elimination of all Forms of Racial Discrimination (1965);
(b) The Convention No.169 on Indigenous and Tribal Peoples, (ILO 1989);
(c) The Convention on Biological Diversity (1992);
(d) The Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003);
(e) The Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005);
(f) The Universal Declaration on Human Rights (1948);
(g) The International Covenant on Civil and Political Rights (1966);
(h) The International Covenant on Economic, Social and Cultural Rights (1966);
(i) The United Nations Second International Decade of the World’s Indigenous Peoples (2005-2014);
(j) The Universal Declaration on Cultural Diversity (UNESCO 2001);
(k) The Universal Declaration on Bioethics and Human Rights (UNESCO 2005);
(l) The Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization (CBD 2002);
(m) The Akwé:Kon Guidelines (CBD 2004);
(n) The United Nations Declaration on the Rights of Indigenous Peoples (2007),
Having considered the elements of the code of ethical conduct to ensure respect for the cultural and intellectual heritage of indigenous and local communities relevant for the conservation and sustainable use of biological diversity,
1. Adopts the elements of the code of ethical conduct as contained in the annex hereto;
2. Decides to entitle the elements of the code of ethical conduct “the Tkarihwaié:ri Code of Ethical Conduct on Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities Relevant for the Conservation and Sustainable Use of Biological Diversity”;
3. Invites Parties and Governments to make use of the elements of the code of ethical conduct as a model to “guide the development of models of codes of ethical conduct for research, access to, use, exchange and management of information concerning traditional knowledge, innovations and practices for the conservation and sustainable use of biological diversity” that are developed according to each Party’s unique national circumstances and needs and recognizing the rich cultural diversity of indigenous and local communities;
4. Also invites Parties and Governments to undertake education and awareness-raising and develop communication strategies that assists relevant Government departments and agencies, academic institutions, private sector developers, potential stakeholders in development and/or research projects, extractive industries, forestry and the public at large to be made aware of elements of the code of ethical conduct, for incorporation, as appropriate, into policies and processes at the transnational, national level and local level governing interactions with indigenous and local communities;
5. Invites those secretariats of intergovernmental agreements, as well as agencies, organizations and processes whose mandates and activities are related to biological diversity to take into consideration and implement in their work the elements of the code of ethical conduct;
6. Invites the Global Environment Facility, international funding institutions and development agencies and relevant non-governmental organizations, where requested, and in accordance with their mandates and responsibilities, to consider providing assistance to indigenous and local communities, particularly women, to raise their awareness and to build capacity and understanding of the elements of the code of ethical conduct.
Annex
THE TKARIHWAIÉ:RI CODE OF ETHICAL CONDUCT TO ENSURE RESPECT FOR THE CULTURAL AND INTELLECTUAL HERITAGE OF INDIGENOUS AND LOCAL COMMUNITIES RELEVANT TO THE CONSERVATION AND SUSTAINABLE USE OF BIOLOGICAL DIVERSITY
Section 1
RATIONALE
1. The following elements of a code of ethical conduct are voluntary and are intended to provide guidance in activities/interactions with indigenous and local communities and for the development of local, national, or regional codes of ethical conduct, with the aim of promoting respect, preservation and maintenance of traditional knowledge, innovations and practices relevant for the conservation and sustainable use of biodiversity. They should not be construed as altering or interpreting the obligations of Parties to the Convention of Biological Diversity or any other international instrument. They should not be interpreted as altering domestic laws, treaties, agreements or other constructive arrangements that may already exist.
2. These elements of a code of ethical conduct aim to promote respect for the cultural and intellectual heritage of indigenous and local communities relevant for the conservation and sustainable use of biological diversity. In this way, they contribute to the achievement of the objectives of Article 8(j) of the Convention on Biological Diversity and its Plan of Action for the retention and use of traditional knowledge, innovations and practices of indigenous and local communities.
3. These elements are intended to provide guidance in establishing or improving national frameworks required for activities/interactions with indigenous and local communities by, inter alia, government departments and agencies, academic institutions, private sector developers, potential stakeholders in development and/or research projects, extractive industries, forestry and any other actors eventually involved, and in particular for development of activities/interactions on lands and waters traditionally occupied by indigenous and local communities while enabling the indigenous and local communities to promote respect of their traditional knowledge and associated biological and genetic resources.
4. Where consent or authority of indigenous and local communities is required with respect to traditional knowledge associated with the conservation and sustainable use of biodiversity, it is the right of indigenous and local communities, according to their customary law and procedures, to identify the relevant holders of their knowledge.
Section 2
ETHICAL PRINCIPLES
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Recognition of indigenous and local community social structures -Extended families, communities and indigenous nations
21. For indigenous and local communities all activities/interactions, take place in a social context. The role of elders, women, and youth is paramount in the process of cultural dissemination, which depends upon intergenerational transfer of knowledge, innovation and practices. Therefore, the societal structure/s of indigenous and local communities should be respected, including the right to pass on their knowledge in accordance with their traditions and customs.
Restitution and/or compensation
22. Every effort should be made to avoid any adverse consequences to indigenous and local communities and lands and waters traditionally occupied or used by them, their sacred sites and sacred species, and their traditional resources from all activities/interactions affecting or impacting on them related to biological diversity, conservation and sustainable use. Should any such adverse consequences occur, appropriate restitution or compensation should be provided, in accordance with domestic legislation, and relevant international obligations, as applicable, and through mutually agreed terms between indigenous and local communities and those undertaking such activities/interactions. Repatriation 23. Repatriation efforts ought to be made to facilitate the repatriation of information in order to facilitate the recovery of traditional knowledge of biological diversity.
Peaceful relations
24. Conflicts caused by activities/interactions related to the conservation or sustainable use of biological diversity, between indigenous and local communities and local or national governments should be avoided. Should this not be possible, national and culturally appropriate conflict resolution mechanisms should be put in place to resolve disputes and grievances. Those interacting with indigenous and local communities should also avoid involvement in intra-indigenous and local community disputes. Supporting research initiatives of indigenous and local communities 25. Indigenous and local communities should have the opportunity to actively participate in research that affects them or which makes use of their traditional knowledge related to the objectives of the Convention, and decide on their own research initiatives and priorities, conduct their own research, including building their own research institutions and promoting the building of cooperation, capacity and competence.
Section 3
METHODS
Negotiations in good faith
26. Those employing the elements of this code are encouraged to interact, and to commit formally to a process of negotiation in good faith. Subsidiarity and decision-making
27. All decisions regarding activities/interactions with indigenous and local communities related to the objectives of the Convention should be developed and elaborated at the appropriate level to ensure indigenous and local community empowerment and effective participation, bearing in mind that such activities/interactions should respect indigenous and local community decision-making structures.
Partnership and cooperation
28. Partnership and cooperation should guide all activities/interactions in pursuit of the elements of the code of ethical conduct, in order to support, maintain and ensure the sustainable use of biodiversity and traditional knowledge. Gender considerations 29. Methodologies should take into account the vital role that indigenous and local community women play in the conservation and sustainable use of biological diversity, affirming the need for the full and effective participation of women at all levels of policy-making and implementation for biological diversity conservation, as appropriate.
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