Bearing in mind that for the purposes of this decision, protection of traditional knowledge, innovations and practices should be interpreted in accordance with the Convention and in particular with the provisions of Article 8(j),
Taking note of the International Expert Meeting on responses to Climate Change for Indigenous and Local Communities and the Impact on Their Traditional Knowledge Related to Biological Diversity – Arctic Region, held in Helsinki, 25 to 28 March 2008,
Also taking note of the United Nations Declaration on the Rights of Indigenous Peoples,
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B. Composite report on the status and trends regarding the knowledge, innovations and practices of indigenous and local communities, relevant to the conservation and sustainable use of biodiversity: (i) revised regional reports – identification of obstacles for traditional knowledge; (ii) indigenous and local communities highly vulnerable to climate change; (iii) protecting the rights of indigenous and local communities living in voluntary isolation
The Conference of the Parties,
Recalling the mandate of the Convention on Biological Diversity, while being mindful of the mandate of the United Nations Framework Convention on Climate Change,
Recognizing the need to respect, preserve and maintain the traditional knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity and to promote their wider application with the approval and involvement of holders of such knowledge, innovations and practices and encourage the equitable sharing of benefits arising from the utilization of such knowledge, innovations and practices,
Concerned by the impacts of climate change and adaptation and mitigation activities on indigenous and local communities and their knowledge, innovations and practices relevant for the conservation and sustainable use of biological diversity,
Mindful of the cultural diversity of indigenous and local communities, including those in voluntary isolation, and the role played by their knowledge, innovations and practices in the conservation and sustainable use of biological diversity,
Noting the research made available by the Secretariat, concerning: guidelines for documenting traditional knowledge; indigenous and local communities highly vulnerable to climate change; and protecting the rights of indigenous and local communities living in voluntary isolation,
1. Takes note with appreciation of the completion of phase two of the composite report concerning the identification of national processes that may threaten the maintenance, preservation and application of traditional knowledge and the identification of processes at the local-community level that may threaten the maintenance, preservation and application of traditional knowledge;
2. Invites Parties and Governments and relevant international organizations to assist indigenous and local communities to address the underlying and community-specific causes of the decline of traditional knowledge, innovations and practices relevant to the conservation and sustainable use of biological diversity through capacity-building and practical measures to develop community action plans for its preservation, maintenance and respect;
3. Notes with concern the specific vulnerabilities of indigenous and local communities to the impacts of climate change and of activities aimed at the mitigation and adaptation to the impacts of climate change, including resulting accelerated threats to traditional knowledge;
4. Notes also the unique value of biodiversity related traditional knowledge, innovations and practices of indigenous and local communities, especially those of women, in contributing to the understanding and evaluation of impacts of climate change, including vulnerabilities and adaptation options and other forms of environmental degradation, and encourages Parties, Governments, and relevant international organizations, with the full and effective participation and prior informed consent of indigenous and local communities, to document, analyse and apply, as far as possible and where appropriate, and in accordance with Article 8(j) of the Convention, such knowledge in ways that complement science-based knowledge;
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Annex
(a) Strengthening traditional health-care systems based on biodiversity.
(b) Strengthening opportunities to learn and speak indigenous and local languages.
(c) Culturally appropriate sport and tourism policies.
(d) Research on indigenous and local communities way of life and their environment.
(e) Building of culturally appropriate business structures within indigenous and local communities (such as cooperatives).
(f) Developing technologies that focus on traditional methods of cultivation, harvesting and post-harvesting activities (i.e., storage and seed preparation activities).
(g) Re-establishment of traditional spiritual/religious institutions.
(h) Creation of media, such as radio, newspapers and television stations controlled by indigenous and local communities and with traditional content, according to national law.
(i) Creation of protected areas, nature parks and others, in consultation with indigenous and local communities and also involving them in their management, consistent with national law.
(j) Initiatives bringing together women, youth and elders.
(k) Promotion of the creation of businesses offering traditional products and services.
(l) Strengthening institutions that foster traditional collection and distribution of food, traditional medicine and other resources.
(m) Culturally appropriate education-curriculum development and implementation initiatives, in indigenous and local communities.
(n) Initiatives of indigenous and local communities for culturally appropriate and sustainable development.
E. Participatory mechanisms for indigenous and local communities in the Convention
The Conference of the Parties
1. Welcomes the convening of the Capacity-building Workshop on Networking and Information Exchange for National Focal Points and Indigenous and Local Communities in the Latin America and the Caribbean Region, held in Quito from 14 to 16 December 2006, with the generous support of the Governments of Spain and the Netherlands;
2. Notes with appreciation the work of the International Indigenous Forum on Biodiversity and other indigenous and local community organizations to promote the understanding of the work of the Convention among indigenous and local communities, and to promote their participation in the meetings of the Convention;
3. Notes the need for the translation, into the six official languages of the United Nations, of notifications and other information resources for indigenous and local communities, as appropriate;
4. Invites Parties, Governments and relevant funding institutions and mechanisms to donate to the General Trust Fund for Voluntary Contributions to Facilitate the Participation of Indigenous and Local Communities in the Work of the Convention on Biological Diversity, in accordance with the criteria for the operation of the voluntary funding mechanism as adopted by the Conference of the Parties at its eighth meeting in decision VIII/5 D, in order to enable the continuation of this important initiative;
5. Encourages Parties, Governments and relevant international organizations, as appropriate, in collaboration with the Executive Secretary, inter alia through the Global Initiative on Communication, Education and Public Awareness (CEPA) and the clearing-house mechanism, to develop, including in local languages, as appropriate, alternative means of communicating public information on traditional knowledge related to the conservation and sustainable use of biodiversity, in plain language and diverse community-friendly formats, such as video, including television, audio for community radio, songs, posters, theatre/drama, and film, in order to ensure the full and effective participation of indigenous and local communities, including women and youth, at local, national and international levels, while supporting the development by indigenous and local communities of their own media tools;
6. Notes with appreciation the revitalization of the Article 8(j) homepage on the website of the Secretariat and the creation of the Traditional Knowledge Information Portal, and welcomes the development of related initiatives including a number of less-technology intensive communication and information exchange tools for use by indigenous and local communities by the Executive Secretary; 7. Requests the Executive Secretary to:
(a) Convene, subject to the availability of financial resources, further regional and subregional workshops on community-friendly communication tools on traditional knowledge related to the conservation and sustainable use of biodiversity, to assist local and indigenous communities in their use and to facilitate the establishment of communication networks, noting the need for adapting them to local languages and for involving trainers from indigenous and local communities;
(b) Continue to develop and translate, subject to the availability of financial resources, the various electronic communication mechanisms, such as the Article 8(j) homepage and the Traditional Knowledge Information Portal, establish links to relevant existing, new and upcoming web-based initiatives such as Indigenousportal.com, and report on progress to the next meeting of the Working Group;
(c) Monitor the use of the Convention website and, in particular, the Article 8(j) homepage and the Traditional Knowledge Information Portal, and to consult with Parties, indigenous and local communities, and their organizations, including youth and women, and other relevant national and regional organizations that are participating in the work of the Convention, such as the International Indigenous Forum on Biodiversity, to identify any gaps or shortcomings, and to report to the next meeting of the Working Group on progress made in establishing networks with indigenous and local communities;
(d) Make available, through the Traditional Knowledge Information Portal and other means, information on possible opportunities and sources of funding that may offer support to indigenous and local communities in States Parties and the networks of those communities, to disseminate information, in appropriate and accessible languages, and through appropriate media, to indigenous and local communities on Article 8(j)-related issues including the issue of access and benefit-sharing;
(e) Provide to the national focal points, in a timely fashion, documentation for meetings under the Convention in the six United Nations languages, in order to facilitate the consultation process with, between and within indigenous and local communities;
(f) Intensify efforts to promote the General Trust Fund for Voluntary Contributions to Facilitate the Participation of Indigenous and Local Communities in the Work of the Convention on Biological Diversity;
8. Reiterates its request to the Executive Secretary, expressed in decision VIII/5 C, to endeavour to make documentation for the meetings of the Working Group on Article 8(j) and Related Provisions and the Working Group on Access and Benefit-sharing available three months prior to those meetings, where possible, in accordance with the rules of procedure for the meetings under the Convention on Biological Diversity, to facilitate consultations with representatives of indigenous and local communities.
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Section 4
METHODS
Negotiations in good faith
25. 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
26.
Option A [[All decisions regarding activities/interactions related to biological diversity including research impacting on sacred sites, sacred species and lands and waters traditionally occupied or used by indigenous and local communities, ought to [, where appropriate,] be made at the lowest possible level [in accordance with free and prior informed consent] to ensure community empowerment and [full and] effective participation and the recognition of indigenous and local community institutions, governance and management systems.]
Option B
Formal activities/interactions regarding activities related to the objectives of the Convention should be made at the appropriate level to ensure community empowerment and effective participation, bearing in mind that activities/interactions should reflect indigenous and local community decision-making structures. ]
Partnership and cooperation
27. Partnership and cooperation should guide all activities/interactions in pursuit of the draft elements of the code of ethical conduct, in order to support, maintain and ensure the sustainable use of biodiversity and traditional knowledge.
Gender considerations
28. 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. Full and effective participation/participatory approach
29. This principle recognizes the crucial importance of indigenous and local communities fully and effectively participating in activities/interactions related to biological diversity and conservation that may impact on them.
