Meeting review: CBD Working Group on Article 8(j)

Sixth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions
2 November – 6 November 2009 (Montreal, Canada)

Among its main achievements, the Working Group worked towards concluding negotiations on an ethical code of conduct to ensure respect for the cultural and intellectual heritage of indigenous and local communities, and expressed detailed views on the international regime on access and benefit-sharing (ABS), for transmission to the eighth meeting of the Ad hoc Open-ended Working Group on ABS. The Working Group also adopted recommendations on: mechanisms to promote the participation of indigenous and local communities; the development of sui generis systems for the protection of traditional knowledge, innovations and practices; and a multi-year programme of work on the implementation of Article 8(j) and related provisions. The Working Group’s recommendations will be submitted to the tenth meeting of the Conference of the Parties (COP 10) to the CBD, to be held from 18-29 October 2010, in Nagoya, Japan. Read the Earth Negotiations Bulletin summary and analysis of the meeting …

 

Meeting prep: ABS 8

Eighth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit‑sharing
9 November – 15 November 2009 (Montreal, Canada)

The meeting will continue the negotiation of an international regime on access and benefit-sharing (ABS), focusing on operational text on the legal nature of regime, traditional knowledge associated with genetic resources, and capacity building. It will also consider further text negotiated during its seventh meeting on compliance, fair and equitable benefit-sharing, and access. Visit the meeting webpage … Download CBD press release on the meeting [pdf] … Follow the IISD RS daily coverage of the meeting …

 

Resource: TK Commons

Imagining a Traditional Knowledge Commons: a community approach to sharing traditional knowledge for non-commercial research
International Development Law Organization, Natural Justice, October 2009

The authors examine the concept of TK Commons. Noting that the TK Commons does not preclude the rights of communities to enter into commercial ABS agreements for the use of their TK, they argue that it offers a further possibility for indigenous and local communities to move beyond the dominant “sale of TK leads to conservation” interpretations of CBD Article 8(j), and share their traditional knowledge whilst being able to equally define and control its use. TK Commons, they conclude, ultimately seeks to view the knowledge of indigenous and local communities as a total social phenomenon that moves beyond understanding TK as a purely tradable commodity to promoting its cultural and spiritual dimensions. Download the publication [pdf] …

 

This week in review … Traditional African herbs a weapon against malaria

Turning to traditional medicines in fight against malaria
IRIN, 4 November 2009

NAIROBI, KENYA: Encouraging the use of traditional African herbal medicines could prevent some malarial deaths in Africa, according to specialists attending the fifth MIM Pan African Malaria Conference in Nairobi. Gemma Burford of the Global Initiative for Traditional Systems of Health said that while there had been increased cases of loss of knowledge about traditional medicinal plants, student-led research could be used to preserve knowledge and create a database on these plants. Speakers called on African governments to introduce educational programmes that would teach the younger generations about the traditional methods of treating malaria and other diseases plaguing the continent. Read the article …

 

This week in review … Keeping native languages alive

Fighting the odds to keep Indian tongues alive
Associated Press, 7 November 2009

HUAMPAMI, PERU: The biggest challenges Latin America’s indigenous peoples face in their struggle to preserve their cultures are keeping their native languages alive and empowering themselves through education. More than a fifth of the 557 languages spoken by Latin America’s natives are at serious risk of extinction, according to UNICEF’s “Socio-Linguistic Atlas of Latin America’s Indigenous Peoples”. Across Latin America, more than 100 native peoples have abandoned their mother tongues and now speak exclusively Spanish or Portuguese, says Inge Sichra, the book’s lead author. Read the article …

 

Meeting prep: CBD Working Group on Article 8(j) sixth meeting

Sixth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions
2 November – 6 November 2009 (Montreal, Canada)

The meeting is particularly expected to discuss and provide views on how traditional knowledge should be addressed in the negotiation of an international regime on access and benefit-sharing, so as to ensure that its use is subject to the prior informed consent of indigenous and local communities and that the latter obtain a fair share of the benefits deriving from the use of traditional knowledge associated with genetic resources. Visit the meeting webpage … Download CBD press release on the meeting … Follow the IISD RS daily coverage of the meeting …

 

This week in review … Canada, Nunavut and Greenland Sign Polar Bear Agreement

Canada, Nunavut and Greenland Sign Polar Bear Pact
Environment News Service, 30 October 2009

KANGERLUUSUAQ, GREENLAND: A polar bear conservation and management memorandum of understanding (MOU) between Greenland, Canada and Nunavut was signed at Kangerlussuaq, Greenland. Aiming at ensuring the protection of shared polar bear populations, the MOU proposes the creation of a Canada-Greenland joint commission that would recommend a combined total allowable harvest, and a fair division of the shared harvest. The joint commission would also be used to coordinate science, traditional knowledge, management and outreach activities. “We find it important that co-management agreements are developed between nations sharing polar bear population to ensure that combined harvests do not exceed sustainable levels,” Greenland’s Minister of Fisheries, Hunting and Agriculture Ane Hansen said. “It is also important that traditional knowledge is used together with science in this process.” Read the ENS article … Read an Environment Canada news release …

 

This week in review … TRIPS Council discusses biodiversity amendment, potential role of WIPO’s IGC

Medicines Access Again Captures Attention at WTO as Progress Urged in Round
IP Watch, 30 October 2009

GENEVA, SWITZERLAND: Access to medicine and the so-called biodiversity amendment topped the agenda at the recently held TRIPS Council meeting. Some countries, including Australia, Canada and New Zealand, cited the new, stronger mandate on TK protection of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) and suggested discussion on intellectual property and biodiversity issues be moved to WIPO. However, supporters of the TRIPS amendment noted the IGC may have its strongest mandate yet, but it is not yet clear whether the “international legal instrument” it has been tasked with creating will be equivalent to the legally binding nature of a TRIPS amendment. The WTO has a dispute settlement mechanism where members can seek redress for non-compliance with its agreements. Read the article …