Eighth Meeting of Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity Being Held Montreal

From 7 to 11 October 2013, the Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity (Working Group) will hold its eighth meeting in Montreal, Canada. Several important items are on the agenda this year, including whether to adopt the terminology "indigenous peoples and local communities" (Agenda Item 5); consideration of a draft plan of action on customary sustainable use of biological diversity (Agenda Item 4(a)); consideration of best practice guidelines regarding repatriation of traditional knowledge (Agenda Item 4(b); and potential revision of tasks 7, 10 and 12 of the programme of work on implementation of Article 8(j) (Agenda Item 4(c)). In addition, a number of side events will be held during the meeting addressing a wide variety of topics and issues relevant to Article 8(j) and related provisions of the Convention. Eli Makagon of Natural Justice will be attending and presenting on Natural Justice's work in this area. For more information, see the meeting documents, and follow IISD's coverage of the event, as well as Natural Justice's blog and Twitter feed. 

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Overview of Key CBD COP11 Outcomes

Kabir Bavikatte (left) and Holly Shrumm (Natural Justice)

discussing key issues in the negotiations towards a plan

of action on customary sustainable use. Photo via IISD-RS.

Natural Justice was recently in India for the 11th Conference of the Parties (COP11) to the Convention on Biological Diversity (CBD), which took place from 8-19 October in Hyderabad. In addition to a range of events and meetings, we actively participated in the negotiations, with particular emphasis on the draft decisions on Article 8(j) and Related Provisions, Sustainable Use of Biodiversity, and Protected Areas. Other key agenda items for which we provided technical guidance and coordination assistance through the CBD Alliance and ICCA Consortium included: Monitoring Progress on the Implementation of the Strategic Plan and Aichi Biodiversity Targets; Review of the Programme of Work on Island Biodiversity; Ecosystem Restoration; Marine and Coastal Biodiversity; Biodiversity and Climate Change; Biodiversity for Poverty Eradication and Development; Biological Diversity of Inland Water Ecosystems; Forest Biodiversity; and Agricultural Biodiversity.

The overriding emphasis of the negotiations was on setting the foundations for resource mobilisation and policy alignment for implementation of the 2011-2020 Strategic Plan and Aichi Biodiversity Targets. Amongst the 33 decisions adopted, there were many provisions of direct relevance to the work of Natural Justice and our partners.

A selection of relevant provisions include (in numerical order):

• Decision XI/1 (Status of the Nagoya Protocol on Access and Benefit Sharing): Parties to undertake and provide support for capacity building initiatives, including participation of Indigenous peoples and local communities in legal, policy and decision-making processes, and the development of community protocols;
• Decision XI/2 (Review of Progress in Implementation of National Biodiversity Strategies and Action Plans): Parties to include all stakeholders, including Indigenous peoples and local communities, in planning and implementing national biodiversity strategies and action plans;
• Decision XI/7 (Business and Biodiversity): Parties to help businesses assess and effectively address their impacts on biodiversity and on Indigenous peoples and local communities;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on progress in implementation, Parties to include in requests to the Global Environment Facility and Small Grants Programme and other donors support for Indigenous peoples and local communities to organise themselves, to develop community plans and protocols, to document, map and register their ICCAs, and to prepare and implement their community conservation plans; and to provide support to countries to strengthen recognition of ICCAs; 
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on Article 10 and 10(c) as a major component of the programme of work, Parties decided that the three initial tasks for the new work on Article 10 and 10(c) are to incorporate customary sustainable use practices or policy into national biodiversity strategies and action plans; to promote and strengthen community-based initiatives; and to identify best practices to promote the full and effective participation of Indigenous peoples and local communities in the establishment, expansion, governance, and management of protected areas, to encourage the application of traditional knowledge and customary sustainable use in protected areas, and to promote the use of community protocols to affirm and promote customary sustainable use in protected areas;
• Decision XI/14 (Article 8(j) and Related Provisions): under the section on recommendations from the Permanent Forum on Indigenous Issues, Parties to further consider adopting the phrase "indigenous peoples and local communities" (instead of "indigenous and local communities") at the next Working Group on Article 8(j) and at COP12 in 2014;
• Decision XI/16 (Ecosystem Restoration): Parties to promote the full and effective participation of Indigenous peoples and local communities and the use of traditional knowledge and practices in appropriate ecosystem restoration activities;
• Decision XI/17 (Marine and Coastal Biodiversity: EBSAs): Parties to also use traditional knowledge and social and cultural information to help describe and identify ecologically or biologically significant marine areas;
• Decision XI/21 (Other Matters Related to Biodiversity and Climate Change): Parties to take into account traditional knowledge, innovations and practices when addressing the impacts of climate change;
• Decision XI/22 (Biodiversity for Poverty Eradication and Development): Parties to protect and encourage the customary use of biological resources and to promote biodiversity and development projects that empower women and Indigenous peoples and local communities; an Expert Group on the same topic will, among other things, develop a conceptual framework and guidance on how to assess the role of collective action and the efforts of Indigenous peoples and local communities in conservation, stewardship, and sustainable management of biodiversity and natural renewable resources, including exploring the role of non-market-based approaches;
• Decision XI/24 (Protected Areas): Parties to strengthen recognition of and support for community-based approaches to in situ conservation and sustainable use, including Indigenous peoples' and community conserved territories and areas (ICCAs), and support the development of local and international registries of ICCAs; to direct benefits arising from the use of genetic resources to enhance management and establishment of protected areas and share benefits with Indigenous peoples and local communities; and
• Decision XI/25 (Sustainable Use): Parties to build and strengthen capacities of Indigenous peoples and local communities to exercise rights and responsibilities to sustainably manage wildlife resources.

Further Information

The advance unedited version of all COP11 decisions is now available online. Daily coverage and a detailed summary report of the negotiations are available online courtesy of the International Institute for Sustainable Development Reporting Services (IISD-RS). The CBD Alliance and CBD Secretariat published the latest issue of their joint newsletter, [square brackets], for the beginning of COP11 and the issues remain relevant.

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Joint Submission on Programme of Work on Article 8(j)

The Forest Peoples Programme, Natural Justice and 24 other Indigenous peoples’ and community-based organisations and supporting NGOs made a joint submission to the Secretariat of the Convention on Biological Diversity (CBD) concerning the further development of the Plan of Action for customary sustainable use as a new major component of the revised Programme of Work on Article 8(j) and Related Provisions. The submission suggests that the new component addresses secure land, resource and tenure rights as a fundamental condition for effective customary sustainable use of biological resources.

Overall, the submission states that the draft Plan of Action should encourage Parties to the CBD to: 

• Take necessary measures to secure indigenous peoples’ and local communities’ territories and land, resource and tenure rights; 
• Promote and support stewardship, governance and management by indigenous peoples and local communities; 
• Ensure that laws, policies, and decision-making processes at all levels appropriately recognize and respect customary laws, institutions, worldviews, resource management practices, and traditional knowledge, languages, educational systems, and occupations; 
• Review, revise, enact, and implement laws and policies at all levels in accordance with the ecosystem approach and with the full and effective participation and free, prior and informed consent of indigenous peoples and local communities; and
• Respect and apply the right of free, prior informed consent of indigenous peoples and local communities in all actions that may affect their territories, lands and waters (including and inland, coastal and marine).

The joint submission is available for download here. Other legal submissions compiled by Natural Justice and its partners can be found here.

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Training Session on Nagoya Protocol and BCPs for Tribal Link's Project Access

In preparation for the 11th session of the UN Permanent Forum on Indigenous Issues (UNPFII), Tribal Link organised a training session for Indigenous Peoples from all over the world from 2-4 May. This year's training included a daylong session on the Convention on Biological Diversity (CBD), Article 8(j) of the Convention, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, and biocultural community protocols. The third day of the training was organised by John Scott (CBD Secretariat), assisted by Lucy Mulenkei (Indigenous Information Network and the Indigenous Women's Biodiversity Network, IWBN), Florina Lopez (Kuna Yalaas and IWBN) and Johanna von Braun (Natural Justice).

Many of the discussions related to comparing strategies of engagement between the UNPFII and the CBD with respect to indigenous issues. The 11th Session of the UNPFII is affected, similar to previous years, by severe spacial challenges due to ongoing constructions at the UN Secretariat in New York. While 1600 participants have been registered from all over the world, the meeting venue can only hold 400 people.

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Working Group on Article 8(j) Concludes in Montreal

The 7th Meeting of the Working Group on Article 8(j) and Related Provisions (WG8(j)-7) concluded in the evening of 4 November in Montreal. Throughout the week, delegates considered a range of issues, including:

• Progress report on the Programme of Work on Article 8(j) and related provisions;
• Mechanisms to promote the effective participation of Indigenous peoples and local communities in matters related to the objectives of Article 8(j) and related provisions of the CBD;
• Multi-year Programme of Work on the implementation of Article 8(j) and related provisions, with a new major component on Article 10 with a focus on Article 10(c), as well as focus on development of sui generis systems for the protection of traditional knowledge and development of indicators relevant for traditional knowledge and customary use;
• In-depth dialogue on thematic areas and other cross-cutting issues of ecosystem management, ecosystem services, and protected areas;
• Recommendations from the United Nations Permanent Forum on Indigenous Issues; and
• Adoption of recommendations.

The Secretariat’s meeting report and all of the in-session documents, including L docs with draft recommendations submitted by the Chair, are available online. For more detailed information about the negotiations' outcomes, read the Earth Negotiations Bulletin summary and analysis.

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Side Events on BCPs, REDD, ABS, and Protected Areas

At the 7th meeting of the Working Group on Article 8(j) (WG8(j)) held in Montreal from 31 October to 4 November, Natural Justice participated in four side events hosted by other organizations. The first side event hosted by Asociacion ANDES and the International Institute for Environment and Development (IIED) was entitled, "Customary Norms and Biocultural Protocols in the Potato Park, Peru" and focused on the development of an inter-community agreement for equitable benefit-sharing based on Quechua customary laws, and the role of the agreement in strengthening local economies and knowledge systems. The side event also launched a new publication on the biocultural protocol of the six Quechua communities that established, governed and managed the Potato Park as an in-situ gene bank under their stewardship.

The second side event was hosted by the Indigenous Peoples Biocultural Climate Change Assessment Initiative (IPCCA) and explored a variety of perspectives related to the use of biocultural protocols for protecting and promoting traditional knowledge, practices and innovation systems of Indigenous peoples and local communities. It focused on how biocultural protocols can become a tool for empowering Indigenous peoples and drive the local implementation of Articles 8(j) and 10(c) of the Convention on Biological Diversity. The presenters at the side event discussed why biocultural protocols are critical for maintaining cultural symbols, beliefs, attitudes, values, expectations, and norms of behavior associated with respect for Mother Earth. They also discussed how biocultural protocols could be strategically used as tools to affirm community rights to their territories, to contribute to the management of Indigenous territories and ecosystems, and for fostering socio-economic development based on biocultural heritage. Examples of biocultural protocols applied in the context of access and use of genetic resources and traditional knowledge and Reducing Emissions from Deforestation and Forest Degradation in Developing Countries (REDD) were also presented.

Natural Justice also participated in a side event hosted by India's National Biodiversity Authority and Ministry of Environment and Forests. The side event, entitled "Traditional Knowledge and Access and Benefit Sharing: Examples from India", discussed efforts by the government of India in protecting traditional knowledge and securing the rights of Indian communities to the same. Kabir Bavikatte (Natural Justice) presented on biocultural community protocols developed by Indigenous peoples and local communities in India to protect their traditional knowledge and explained how these protocols can be used to effectively implement the Indian Biodiversity Act in a manner that recognizes the rights of these communities to their collective biocultural heritage.

Finally, Natural Justice presented at a side event hosted by GIZ and UNEP on access and benefit sharing and the Programme of Work on Protected Areas (PoWPA), focusing on reporting on the outcomes of a meeting on the same held in Gland in July 2011.

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Side Event on Recognizing and Supporting ICCAs

Women in Pa' Upan, Krayan Selatan, Indonesia.
Credit: Cristina Eghenter

On Wednesday, 2 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice co-hosted a side event with the Union of Indigenous Nomadic Pastoralist Tribes of Iran and the ICCA Consortium entitled, “Recognizing and Supporting Territories and Areas Conserved by Indigenous Peoples and Local Communities”. It included a number of presentations from Indigenous peoples’ and local communities’ experiences and lessons learned with the recognition and support of ICCAs in different contexts.

Territories and areas conserved by Indigenous peoples and local communities (also known as ICCAs) are a phenomenon of global significance for the earth's biodiversity and ecosystem functions, cultural and linguistic diversity, and livelihood security. If appropriately recognized and supported, ICCAs could account for the conservation of as much land and natural resources around the world as those currently under government protected areas. Since 2003 and 2004, respectively, the International Union for Conservation of Nature (IUCN) and the CBD Programme of Work on Protected Areas (PoWPA) have stressed the need to better understand and appropriately support ICCAs. CBD Decision X/31 also calls upon Parties to recognize the role of ICCAs in biodiversity conservation, collaborative management, and the diversification of protected area governance types.

Taghi Farvar (Union of Indigenous Nomadic Pastoralist Tribes of Iran) opened the side event by providing an overview of the global phenomenon, significance, and international recognition of ICCAs. Onel Masardule (Fundación Para la Promoción del Conocimiento Indígena, Panama) described the intrinsic connections between Indigenous peoples, nature, and territories and the role of ICCAs (or locally named equivalents) as alternatives to state protected areas that provide an opportunity to reclaim control over ancestral territories, strengthen traditional authorities, and recognize rights and local priorities.

Anchalee Phonklieng (IMPECT, Thailand) illustrated customary understandings and management of sacred areas in Karen territories. Some areas and plant and animal species have strong taboos associated with them and require strict observance of ceremonies and rituals, which in turn, help stimulate the community’s commitment to taking care of these areas and species. She noted that national policies created a derogatory sense of “primitiveness”, but that her community is now more aware of the multiple values of their customary practices, including in conserving biodiversity. She also highlighted the importance of having a strong education system to pass on knowledge, practices, and beliefs to younger generations.

Thora Martina Hermann (University of Montreal) spoke about the Naskapi First Nation legend of the Caribou Heaven and the process of recognizing it as a sacred area in a new national park in Québec. The designation was proposed by the Naskapi Elders Advisory Council and the Council of the Naskapi Nation and included a recommendation that an elder always be a member of the management committee and that cultural information be included in educational materials. A number of mining projects in northern Québec as well as the proposed establishment of 15 new national parks on Indigenous territories led to the Naskapi and Cree Nations calling together for all Indigenous sacred sites to be recognized as such in national parks. She highlighted the complexity of working within multiple jurisdictional layers of protected area legislation.

Jocelyne Garrett shared the experiences of the Brokenhead Ojibwe of southern Manitoba, who wanted to protect the rare wetlands in their ancestral territory from external threats such as mining. After a process of community-based research that combined Western science and traditional knowledge and 8 years of negotiations, the area was designed an Ecological Reserve, the highest form of environmental protection in Canada. The Ojibwe still have access to sacred areas and medicinal plants, among other things, and manage the Reserve in partnership with Manitoba Model Forestry and Native Orchid Conservation. They were recently awarded $1 million to build a boardwalk in the Reserve to mitigate tourism pressure upon the sensitive wetlands. It was noted during discussion that each society has a cosmovision that gives rise to a scientific system and that equitable valuation of those systems is an essential part of respecting customary governance and management systems.

Gunn-Britt Retter (Saami Council) described the situation of the Saami in Norway, saying that respect for traditional management in the northern areas has decreased because of increasing demand for energy and resources, extraction of which is moving north due to the majority of the south being privately owned. She noted that the Saami people are literally being squeezed “from all sides”, with an increasing number of mines, state-governed protected areas, wind mills, and other developments encroaching steadily into their customary territories and rangelands. Lamenting the fact that the Saami have achieved significant recognition of cultural heritage rights, including language, but not yet secure land and resource rights, Retter emphasized that territory is the absolute foundation of Saami culture. Though discontinued and apologized for several years ago, she highlighted the state’s official Norwegianization policy as responsible for the continuing “colonization of the mind” and the general sentiment of “to be Saami is to be oppressed”. Citing lack of participation as the main reason for generally rejecting new state protected areas, the Saami Parliament may now consider establishing their own protected areas according to customary management systems. Questions remain about how to determine boundaries amidst pressure from mining companies to snap up unclaimed land.

Eloise Schnierer (Watego Legal and Consulting) described the overall legal context and intricacies of realizing Indigenous peoples’ rights in Australia, including the Native Title Act, the Torres Straight Regional Seas Claim and Blue Mud Bay Decision, and the Indigenous Protected Areas system. In contrast with the Saami experience, she noted that many Indigenous peoples now have land, but no sustainable financing mechanism to manage it or to support cultural heritage and languages. She highlighted Traditional Use of Marine Resource Agreements in the Great Barrier Reef Park and the use of community protocols in the Northern Territories as examples of ways to overcome the great differences between local knowledge and Western science conservation-focused knowledge and different values and motivations therein. She underscored the importance of land and resource rights in addition to cultural rights as the legal foundation for supporting Indigenous peoples’ ways of life.

Holly Shrumm (Natural Justice) gave the closing presentation, providing an overview of a forthcoming volume of the CBD Technical Series on recognizing and supporting ICCAs as well as of the second phase of a global legal review on provisions that support or hinder ICCAs at the national, regional, and international levels. This follows from the first phase review, which can be downloaded here.

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Roundtable on Indigenous Peoples' Territories at WG8(j)

On Tuesday, 1 November at the 7th Working Group on Article 8(j) and Related Provisions (WG8(j)), Natural Justice hosted a roundtable on Indigenous peoples’ territories and community conserved areas. Members of Indigenous peoples and local communities from Zimbabwe, Australia, Canada, and Iran shared their experiences with varying types of legal recognition of collective rights to territories, areas, and resources, recognition of customary governance and management systems, and identity as a function of cultural connection to lands and waters.

Inappropriate forms of recognition and support was a common theme, particularly in cases where government or market-based mechanisms either retain ownership or decision-making power or have the potential to significantly undermine that of communities, primarily due to lack of attention to governance issues and inequitable sharing of costs and benefits. Other major barriers and challenges include far-reaching assimilationist policies, lack of full and effective participation of Indigenous peoples and local communities in decision-making processes that affect them, and a “clash of values” between customary and state legal systems and the collective and individual rights that they respectively elicit.

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NJ in Montreal for Working Group on Article 8(j)

Kabir Bavikatte and Holly Shrumm (Natural Justice) are in Montreal, Canada, for the 7th Meeting of the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions (WG8(j)). The meeting will take place from 31 October to 4 November and will be preceded by a capacity building workshop on access and benefit sharing from 29-30 October.

Natural Justice will co-host and participate in a range of side events and meetings and will post reports on this blog throughout the week. Daily coverage of the negotiations will be provided by IISD Reporting Services.

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