Seventh meeting of the CBD Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions
31 October – 4 November 2011 (Montreal, Canada)
Excerpted from the IISD Reporting Services summary report of the meeting

The Ad hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions under the Convention on Biological Diversity (CBD) held an in-depth dialogue on ecosystem management, ecosystem services and protected areas; and adopted eight recommendations on: progress in implementation of Article 8(j) and related provisions; Tasks 7, 10 and 12 (benefit-sharing from, and unlawful appropriation of, traditional knowledge) of the Article 8(j) Work Programme; development of elements of sui generis systems for the protection of traditional knowledge; mechanisms to promote the effective participation of indigenous and local communities (ILCs) in the work of the Convention, including a report of an expert group meeting of local community representatives; Article 10(c) (customary sustainable use) as a new major component of work on the Article 8(j) work programme; development of indicators relevant for traditional knowledge and customary sustainable use; recommendations from the UN Permanent Forum on Indigenous Issues (UNPFII); and terms of reference for the development of guidelines on repatriation.

The Working Group made progress on Article 10(c), recommending the development of an action plan on customary sustainable use and its phased implementation, and on repatriation. Delegates, however, faced difficulties in addressing: references to rights and legislation on lands, waters and resources in the context of, and to the impacts of climate change on, customary sustainable use; reference to international repatriation; and the need for prior informed consent for the continued use of repatriated traditional knowledge by the repatriating country. In addition, despite reiterated recommendations from the UNPFII and the unprecedented expert group on local communities, the Working Group did not tackle the issue of revising the CBD terminology from ILCs to “indigenous peoples and local communities” and its implications for Convention’s work. The Working Group recommendations will be submitted to the CBD Conference of the Parties (COP) at its eleventh meeting, to be held in October 2012. Download the IISD Reporting Services summary report of the meeting [pdf] … Read reports of several side-events on Natural Justice blog … Visit the meeting’s website …

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