---------- 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).
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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.
