---------- Forwarded message ---------- Date: Tue, 9 Dec 1997 00:13:23 -0500 From: Antonio Lambe <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Subject: [csdgen] Indigenous Forum on Biodiversity. Dear Administrator, The appended material is probably inappropriate for the full CSDGen list's readership. But you may want to circulate it elsewhere. [Dear Antonio From my perspective, the preamble alone makes it worth posting on csdgen. It is good to hear from you on this list.] * * * * * * * This document was produced by the the Second International Indigenous Forum on Biodiversity, consisting of indigenous representatives and INGOs working to provide input into the negotiation process of the Convention on Biological Diversity and in the implementation of Article 8j. and other articles of the CBD relating to indigneous knowledge. It is an informal copy of the forum recommendations submitted to the CBD, and is slightly modified from the Final Draft for Discussion produced during the IIFB2, which also contains the "Recommendations for the Formation of an Open Ended Working Group on Article 8J. and Related Articles in the Convention on Biological Diversity (CBD). -------------------------------------------------------------------- Second International Indigenous Forum on Biodiversity Madrid, Spain 20 - 23 November 1997 Submission to the Workshop on Traditional Knowledge and Biological Diversity Working document on the implementation of article 8j. and related articles PREAMBLE Indigenous Peoples come from the land and have been given our life through the land. We do not relate to the land that we came from as property, we relate to the land as our Mother. That the land is our Mother cannot be denied, just as it cannot be denied that our human mother is our mother. In this respect we as Indigenous Peoples have responsibilities to honor and nurture our Earth to ensure that she can continue to give us life. Our role and responsibility is to protect our Mother Earth from destruction and abusive treatment, just as we would defend our human mother. In carrying out this responsibility over a period of thousands of years, we have become a central component of the biodiversity of the Earth. CONCERNS OF INDIGENOUS PEOPLES ON ARTICLE 8J. AND RELATED ARTICLES 1. The lack of recognition of Indigenous Peoples as peoples with inalienable a priori rights and therefore as parties to the Convention and its implementation 2. The lack of recognition of the relationship that exists between the lands and territories of Indigenous Peoples and their knowledge and biodiversity 3. The lack of control by Indigenous Peoples over indigenous lands and territories and their natural resources and the environment, including biodiversity. This refers also to Indigenous Peoples who have been displaced from their ancestral lands, territories and resources and to protected areas which have been misused for militarization of Indigenous Peoples' lands and territories 4. The lack of full participation of Indigenous Peoples in processes related to the Convention on Biodiversity 5. The lack of concern by the Parties to the Convention and action to address biopiracy and uncontrolled access to genetic resources in indigenous lands and territories 6. The lack of recognition that the promotion of the wider application of Indigenous knowledge, innovations and practices is a process that has to be controlled by Indigenous Peoples 7. The underlying bias of the Convention in favor of the current international, multilateral, bilateral and national legal systems including the current intellectual property rights regimes and its impact on indigenous knowledge 8. The lack of recognition of the unique character of indigenous knowledge, including its associated values, beliefs and spirituality, its collective nature, its inextricable link with biodiversity and the length of time taken to evolve this knowledge 9. The lack of incentives to protect and maintain indigenous knowledge, innovations and practices in the Convention 10. The lack of recognition of the spiritual, cultural, political, social and economic perspectives of Indigenous Peoples in the Convention 11. The lack of recognition of the importance of indigenous women's knowledge, roles and responsibilities with regard to biological diversity 12. The lack of clarification of the relationship between the rights of Indigenous Peoples, local communities embodying traditional life styles and farmers 13. The lack of mechanisms to protect and maintain indigenous languages and educational systems 14. The lack of linkages of article 8j. and related articles with other international instruments dealing with the rights of Indigenous Peoples 15. The lack of compliance of State Parties with the terms and conditions of the Convention on Biological Diversity and other related international instruments 16. The lack of recognition that the customary use of biological resources by Indigenous Peoples and the benefits arising from the utilization of knowledge, innovation and practices relating to this use encompasses commercial and non-commercial elements. RECOMMENDATIONS FOR ELEMENTS FOR THE FORMULATION OF A WORK PROGRAM 1. Ensure that the implementation of article 8j) and related articles takes into consideration the existing indigenous declarations and proposals, including the Draft Declaration on the Rights of Indigenous Peoples, the Kari Oca Declaration, the Mataatua Declaration, the Santa Cruz Declaration, the Leticia Declaration and Plan of Action, the Treaty for a Life Forms Patent Free Pacific, the Ukupseni Kuna Yala Declaration, and previous statements of Indigenous Forums convened at previous CBD/COP and intersessional meetings 2. Ensure Indigenous Peoples' full and meaningful participation in the implementation of article 8j. and related articles: a) recognize Indigenous Peoples as Parties to the Convention on Biological Diversity b) adopt the recommendation of the Second International Indigenous Forum to establish an Indigenous Peoples' Working Group c) involve the Indigenous Peoples' Working Group in the interpretation and implementation of article 8j. and related articles, including the monitoring of the compliance of the Parties to the Convention to their obligations under the Convention d) develop mechanisms to ensure Indigenous Peoples' participation in decision making processes at the international level (UN, COP, IFF, etc.) e) develop mechanisms to ensure Indigenous Peoples' participation in decision making processes at the national level, including the development and implementation of legislation, environmental action plans and impact studies f) develop mechanisms to ensure the full participation of Indigenous Peoples in State Parties' strategies to designate and manage protected areas g) incorporate the right to objection in all mechanisms to ensure Indigenous Peoples' participation h) incorporate the right to free and prior informed consent in all mechanisms to ensure Indigenous Peoples' participation 3. Develop mechanisms to ensure the full and equal participation of Indigenous women in all processes related to the implementation of the Convention, and support the unique responsibilities of indigenous women in the caring of their traditional lands and territories and the protection of biodiversity 4. Develop mechanisms and processes to ensure Indigenous Peoples' control over lands and territories to affect the protection and enhancement of biodiversity: a) recognize the inalienable a priori rights of Indigenous Peoples b) recognize the relationship that exists between the lands and territories of Indigenous Peoples and their knowledge, innovations and practices relating to biodiversity c) develop processes to repatriate the lands and territories of Indigenous Peoples. 5. Incorporate indigenous customary resource uses, management and practices into sustainable development plans, policies and processes at international and national levels, recognizing transboundary issues important to Indigenous Peoples: a) encourage multilateral institutions, international agencies, research institutions and non-government organizations to involve indigenous knowledge, innovations and practices related to the use and management of resources in their plans and programs b) establish an indigenous global biodiversity monitoring system based on early warning systems using indigenous knowledge with the backing of satellite technology and geographic information systems c) require the incorporation of indigenous perspectives and social and cultural dimensions into environmental impact assessment processes of research institutes, multilateral institutions, governments, etc. 6. Develop standards and guidelines for the protection, maintenance and development of indigenous knowledge, which: a) facilitate the development of sui generis systems of protection for indigenous knowledge according to indigenous customary laws, values and world view b) recognize the concept of the collective rights of Indigenous Peoples and incorporate this in all national and international legislation c) take into account and incorporate existing Indigenous Peoples' political and legal systems and Indigenous Peoples' customary use of resources d) recognize traditional agricultural systems of Indigenous Peoples e) involve Indigenous Peoples in the development of research guidelines and standards 7. Develop standards and guidelines for the prevention of biopiracy, the monitoring of bioprospecting and access to genetic resources: a) affect a moratorium on all bioprospecting and/or collection of biological materials in the territories of Indigenous Peoples and protected areas and patenting based on these collections until acceptable sui generis systems are established b) affect a moratorium on the registering of knowledge c) recognize the rights of Indigenous Peoples' to access and repatriate genetic materials held in all ex-situ collections, such as gene banks, herbariums and botanical gardens. 8. Ensure the sharing of the benefits derived from the use of indigenous knowledge includes other rights, obligations and responsibilities such as land rights and the maintenance of indigenous cultures to facilitate the transmission of knowledge, innovations, practices and values to future generations. 9. Ensure that relevant provisions of international mechanisms and agreements of direct relevance to the implementation of article 8j. and related articles, such as the Trade Related Intellectual Property agreement of the World Trade Organization, the European Union directive on the patenting of life forms, the Human Genome Diversity Project, the Human Genome Declaration of the UNESCO, the FAO Commission on Plant Genetic Resources and national and regional intellectual property rights legislation under development, incorporate the rights and concerns of Indigenous Peoples as expressed in the ILO Convention 169, the Draft Declaration on the Rights of Indigenous Peoples, the Kari Oca Declaration, the Mataatua Declaration, the Santa Cruz Declaration, the Leticia Declaration and Plan of Action, the Treaty for a Life Forms Patent Free Pacific and previous statements of Indigenous Forums convened at previous CBD/COP and intersessional meetings. 10. Provide material and non-material support mechanisms and incentives to Indigenous Peoples for capacity building initiatives towards: a) the development of sui generis systems based on indigenous customary laws for the protection and promotion of indigenous knowledge, innovations and practices b) institutional strengthening and negotiating capacity c) locally controlled policy, research and development strategies and activities for the maintenance and development of indigenous knowledge 11. Require the revitalization and maintenance of indigenous languages as part of the implementation of article 8j. and related articles and support the development of educational systems based on indigenous values and world view, including the establishment of an indigenous university 12. Require that research and development activities in the realm of Indigenous Peoples' knowledge, practices and innovation systems are given the same financial and policy support as "formal scientific" research and development activities. 13. Provide material and non-material incentives for maintaining and enhancing biodiversity, including land rights and the recognition of achievements by Indigenous Peoples in protecting biodiversity.