The Conference of the Parties,
Recalling decision V/16, in which it established the programme of work on Article 8(j) and related provisions, and decision X/43,1 in which it revised the multi-year programme of work for 2010–2020,
Recalling also decision 14/17,
Recognizing the need for a more holistic, forward-looking and integrated programme of work, taking into account the Sustainable Development Goals, 2 the Paris Agreement 3 and the post-2020 arrangements for the Convention,
Building on the composite report on the status and trends of traditional knowledge and the voluntary guidelines, standards and other tools already developed by the Ad Hoc Open-ended Inter-sessional Working Group on Article 8(j) and Related Provisions and adopted by the Conference of the Parties,
Emphasizing the need for the effective implementation in accordance with national legislation and circumstances and international obligations, as appropriate, of the voluntary guidelines and standards related to Article 8(j) and related provisions at the national level, in order to build on the progress made towards Aichi Biodiversity Target 18 of the Strategic Plan for Biodiversity 2011–2020, and to contribute to the corresponding elements in the Kunming-Montreal Global Biodiversity Framework,
1. Decides to develop a new programme of work on Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities aligned with the Kunming-Montreal 1 In decision X/43, the Conference of the Parties adopted a revised multi-year programme of work on Article 8(j), retiring completed or superseded tasks 3, 5, 8, 9 and 16. 2 See General Assembly resolution 70/1, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”. 3 See United Nations Framework Convention on Climate Change, Conference of the Parties, twenty-first session, decision 1/CP.21 (FCCC/CP/2015/10/Add.1). 4 See decision VII/16. CBD/COP/DEC/15/10 Page 2 Global Biodiversity Framework, with the full and effective participation of indigenous peoples and local communities, on the basis of annexes I and II5 to the present decision;
2. Also decides to keep under review the programme of work on Article 8(j) and related provisions, as needed, and to reprioritize elements and tasks in order to ensure a programme of work supportive of a human rights approach and coherent with the priorities of the Kunming-Montreal Global Biodiversity Framework, and one which takes into account developments in other relevant international forums and organizations;
3. Encourages Parties, according to national legislation and international obligations, to increase efforts to facilitate the full and effective participation of indigenous peoples and local communities as on-the-ground partners in the implementation of the Convention, including by recognizing, supporting and valuing their customary laws, collective actions, cosmocentric worldviews and diverse values, including the efforts of indigenous peoples and local communities to protect and conserve lands and waters that they traditionally occupy or use towards the goals of the Convention, and engaging them, as appropriate, in the preparation of national reports, in the revision and implementation of national biodiversity strategies and action plans, and in the process for implementing the Kunming-Montreal Global Biodiversity Framework;
4. Requests Parties and other Governments to report on the implementation of the current programme of work on Article 8(j) and related provisions, and once adopted, of the new programme of work on Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities, as well as on the application of the various voluntary guidelines and standards developed under the aegis of the Ad Hoc Open-ended Inter-sessional Working Group on Article 8(j) and Related Provisions and adopted by the Conference of the Parties, as appropriate, through national reports, and to relevant subsidiary bodies, in order to determine progress made;
5. Invites Parties, as per decision X/40 B, paragraph 7, to consider designating national focal points for Article 8(j) and related provisions in support of existing national focal points, to facilitate and disseminate culturally appropriate communications with indigenous peoples and local community organizations, and to promote the effective development and implementation of the programme of work on Article 8(j) and related provisions;
6. Requests the Executive Secretary, subject to the availability of resources, to strengthen and support the network of national focal points for Article 8(j) and related provisions, as well as of the national focal points to the Convention on Biological Diversity, enabling them to play a key role at the national level in such areas as (a) national and subnational arrangements for the full and effective participation of indigenous peoples and local communities, (b) national arrangements for the protection, preservation and promotion of traditional knowledge and customary sustainable use, with the free, prior and informed consent 7 of the holders of that knowledge, (c) facilitating the input of indigenous peoples and local communities into the drafting of national reports, and (d) promoting capacity-building and development for indigenous peoples and local communities at the national and local levels, on issues related to the Convention;
7. Requests the Executive Secretary to convene an ad hoc technical expert group on indigenous peoples and local communities, and the Kunming-Montreal Global Biodiversity Framework, subject to availability of financial resources, which should meet prior to the twelfth meeting of the Ad Hoc Open-ended Inter-sessional Working Group on Article 8(j) and Related Provisions, with terms of reference as contained in annex III to the present decision, to provide advice on the further elaboration of the new programme of work on, and the possible institutional arrangements for, Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities, including the future modus operandi for the implementation of Article 8(j), considering the possible establishment of a subsidiary body, continuing the working group, or other arrangements;
8. Requests the Executive Secretary, in consultation with relevant organizations, to support the work of the Ad Hoc Technical Expert Group as outlined in paragraph 7;
9. Decides to continue the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions until the sixteenth meeting of the Conference of the Parties with the intention to subsequently decide on institutional arrangements and future modus operandi for Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities at the sixteenth meeting of the Conference of the Parties;
10. Requests the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions, at its twelfth meeting, to further elaborate the new programme of work on Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities, taking into account the recommendations of the Ad Hoc Technical Expert Group, for consideration by the Conference of Parties at its sixteenth meeting.
Annex
I DRAFT OBJECTIVES, GENERAL PRINCIPLES, AND ELEMENTS OF WORK FOR THE NEW PROGRAMME OF WORK ON ARTICLE 8(J) AND OTHER PROVISIONS OF THE CONVENTION RELATED TO INDIGENOUS PEOPLES AND LOCAL COMMUNITIES 2020-2050
I. OBJECTIVE
1. The objective of this programme of work is to promote, within the framework of the Convention, a just implementation of Article 8(j) and related provisions at the local, national, regional and international levels and to ensure the full and effective participation of indigenous peoples and local communities at all stages and levels of its implementation, ensuring an ongoing recognition of the unique association that indigenous peoples and local communities have with the Convention and its Protocols.
II. GENERAL PRINCIPLES
2. Full and effective participation of indigenous peoples and local communities in all stages of the identification and implementation of the elements of the programme of work. Full and effective participation of women and girls from indigenous peoples and local communities in all activities of the programme of work.
3. Traditional knowledge, innovations and practices should be valued, given the same respect and considered as useful and necessary as other forms of knowledge. Genuine collaborations and co-production of knowledge in ways that respect the knowledge generation processes and the integrity of each knowledge system should be promoted. The inclusion of knowledge from the diversity of knowledge systems and practices should be mainstreamed in the development and implementation of biodiversity policies.
4. An holistic approach consistent with the spiritual and cultural values and customary practices of the indigenous peoples and local communities recognizing the connection to their territories and their rights, in accordance with relevant national legislation, to have control over their traditional knowledge, innovations and practices.
5. The ecosystem approach is a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use of biological diversity in an equitable way. 6. Access to traditional knowledge, innovations and practices held by indigenous peoples and local communities should be subject to free, prior and informed consent 8 of indigenous peoples and local communities, depending on national circumstances, and on a fair and equitable sharing of benefits arising from the use and application of such knowledge, innovations and practise based on mutually agreed terms and in accordance with domestic law.
7. The implementation of the new programme of work on Article 8(j) will be monitored continuously through the indicators for status and trends in traditional knowledge,9 adopted under the earlier programme of work, and their further operationalization will also be continued under the renewed joint programme of work on the links between biological and cultural diversity,10 including in partnership with the United Nations Educational, Scientific and Cultural Organization, Food and Agriculture Organization of the United Nations (FAO),and other relevant bodies.
