MO’OTZ KUXTAL1 VOLUNTARY GUIDELINES
Voluntary guidelines for the development of mechanisms, legislation or other appropriate initiatives to ensure the “prior and informed consent”, “free, prior and informed consent” or “approval and involvement”, depending on national circumstances, of indigenous peoples and local communities for accessing their knowledge, innovations and practices, for fair and equitable sharing of benefits arising from the use of their knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity, and for reporting and preventing unlawful appropriation of traditional knowledge
The Conference of the Parties,
Recalling the programme of work on the implementation of Article 8(j) and related provisions in decision V/16, as well as subsequent relevant decisions, including decision XII/12 D,
Noting the relevance of the Tkarihwaié:ri Code of Ethical Conduct and the Akwe:Kon Guidelines, Recalling Aichi Biodiversity Target 18, which calls, inter alia, for traditional knowledge to be respected at all relevant levels by 2020, and also recalling Aichi Targets 11 and 16,
Noting that the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization also applies to traditional knowledge associated with genetic resources within the scope of the Convention and to the benefits arising from the utilization of such traditional knowledge, and recognizing the contribution that guidance can make to the implementation of the Convention on Biological Diversity and the Nagoya Protocol,
Stressing the importance of harmony and consistency among international processes and organizations and mindful of their work in addressing issues relating to traditional knowledge, innovations and practices of indigenous peoples and local communities,
Also stressing the need 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 biological diversity,
Underlining that these guidelines are not construed as changing the rights of Parties or obligations under the Convention on Biological Diversity or its Protocols, and understanding that nothing in these guidelines should be construed as diminishing the rights of indigenous peoples and local communities,
Also underlining that these guidelines do not apply to traditional knowledge associated with genetic resources under the Nagoya Protocol, but may be used as an input, where appropriate, for the development of specific instruments under the Protocol,
1. Welcomes and adopts the Voluntary Guidelines as contained in the annex to the present decision;
2. Invites Parties and other Governments to use the Voluntary Guidelines, as appropriate;
3. Invites Parties, other Governments, relevant organizations and indigenous peoples and local communities to promote the guidelines through appropriate educational and awareness-raising activities, as appropriate;
4. Also invites Parties, other Governments, relevant organizations and indigenous peoples and local communities to make available through the clearing-house mechanism, where appropriate, best practices, lessons learned and good examples of community protocols relevant to access and benefit-sharing arising from the use of traditional knowledge;
5. Invites Parties to report on experiences gained by using the Voluntary Guidelines through the national reports;
6. Invites Parties, other Governments, relevant organizations and indigenous peoples and local communities to promote regional cooperation and share experiences and best practices on relevant measures, including approaches and measures relating to traditional knowledge shared across borders, where they exist;
7. Also invites Parties, other Governments, relevant organizations and indigenous peoples and local communities to submit their views concerning measures to address publicly available traditional knowledge to the Executive Secretary, and requests the Executive Secretary to compile the measures and views received and make the results available for the consideration of the Working Group on Article 8(j) and Related Provisions at its tenth meeting, in order to contribute to the finalization of Tasks 7 and 12 of the revised multi-year programme of work on Article 8(j) and related provisions, as appropriate;
8. Further invites Parties, other Governments, relevant organizations and indigenous peoples and local communities to submit their views concerning best practices to implement “prior and informed consent”, “free, prior and informed consent” or “approval and involvement” to the Executive Secretary, and requests the Executive Secretary, to compile the information on best practices received and make the results available for the consideration of the Working Group on Article 8(j) and Related Provisions at its tenth meeting, in order to contribute to the finalization of Tasks 7 and 12 of the revised multi-year programme of work on Article 8(j) and related provisions, as appropriate;
9. Invites relevant international agreements, agencies, and organizations to take into consideration the guidance contained in the annex to the present decision in the implementation of their work;
10. Invites the Global Environment Facility, international funding institutions and development agencies and relevant non-governmental organizations, to consider, consistent with their mandates, providing financial and technical assistance to developing country Parties, indigenous peoples and local communities, particularly women within these communities, to raise awareness and to build their capacity relevant to the implementation of the guidelines, and to develop, as appropriate, community protocols or processes for “prior and informed consent”, “free, prior and informed consent” or “approval and involvement”, depending on national circumstances, for fair and equitable benefit-sharing.
Annex
MO’OTZ KUXTAL3 VOLUNTARY GUIDELINES
Voluntary guidelines for the development of mechanisms, legislation or other appropriate initiatives to ensure the “prior and informed consent”, “free, prior and informed consent” or “approval and involvement”, depending on national circumstances, of indigenous peoples and local communities4 for accessing their knowledge, innovations and practices, for fair and equitable sharing of benefits arising from the use of their knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity, and for reporting and preventing unlawful appropriation of traditional knowledge
I. PURPOSE AND APPROACH
1. The present guidelines are voluntary and are intended to provide guidance for the development of mechanisms, legislation, administrative and policy measures or other appropriate initiatives to ensure that potential users of knowledge, innovations and practices that are held by indigenous peoples and local communities, embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity (hereinafter “traditional knowledge”), obtain the “prior and informed consent”, “free, prior and informed consent” or “approval and involvement”, depending on national circumstances, where appropriate, of these indigenous peoples and local communities, in accordance with national legislation, and that these indigenous peoples and local communities obtain a fair and equitable share of benefits arising from the use and application of such traditional knowledge and for reporting and preventing unlawful appropriation of traditional knowledge relevant for the conservation and sustainable use of biological diversity.
2. These guidelines have been developed pursuant to decision XII/12 D on how tasks 7, 10 and 12 of the multi-year programme of work on the implementation of Article 8(j) and related provisions could best contribute to work under the Convention on Biological Diversity (hereinafter “the Convention”) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (hereinafter “the Nagoya Protocol”).
3. Nothing in these guidelines should be construed as changing the rights or obligations of Parties under the Convention.
4. The guidelines should be applied in a manner that is consistent with the national law of the country where the traditional knowledge is being accessed and give due importance to the customary laws, community protocols and practices of indigenous peoples and local communities.
5. These guidelines do not apply to traditional knowledge associated with genetic resources under the Nagoya Protocol.
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B. Fair and equitable sharing of benefits
12. Indigenous peoples and local communities should receive fair and equitable benefits based on mutually agreed terms from the use of the traditional knowledge that they hold.
13. Benefit-sharing could include a way of recognizing and strengthening the contribution of indigenous peoples and local communities to the conservation and sustainable use of biological diversity, including by supporting the intergenerational transmission of traditional knowledge.
14. Benefit-sharing should be fair and equitable within and among relevant groups, taking into account relevant community level procedures, and as appropriate gender and age/intergenerational considerations.
