|IIFB- ABS 8- Statement on Agenda Item 3.2- Traditional Knowledge|
|Wednesday, 24 March 2010|
This is the IIFB statement read at ABS 8 in Montreal, Canada regarding Traditional Knowledge in the International Regime.
Thank you, Co-Chairs for this opportunity for IIFB to speak to transmit its proposals for operative text.The IIFB proposals for operational text have been organized according to the headings contained in the annex to document UNEP/CBD/WG-ABS 7/7. The IIFB is submitting operational text under each of the headings under Traditional Knowledge Associated with Genetic Resources. Our submission draws on UNEP/CBD/WG-ABS/8/7, as well as from the report from the Hyderabad Expert Meeting and the report of the Vilm Workshop contained in the INF 1 Document. We note that the African Group has also drawn from that, so similar, even though also important differences.
However, it is the view of the IIFB, that these operative paragraphs are best treated as cross-cutting elements under the relevant components of the International Regime, and not as a single chapter of the International Regime.
The inextricable links between Traditional Knowledge and Genetic Resources, and the mutually supportive nature of Articles 15 and Article 8(j) require a cross-cutting treatment of Traditional Knowledge associated with Genetic Resources in the International Regime.
▄ Measures to ensure the fair and equitable sharing with traditional-knowledge holders of benefits arising out of the utilization of traditional knowledge in accordance with Article 8(j) of the Convention on Biological Diversity
The International Regime shall uphold the rights of indigenous peoples and local communities to benefit-sharing whenever there is use or access of their genetic resources and/or associated traditional knowledge.*
▄ Prior informed consent of, and mutually agreed terms with, holders of traditional knowledge, including indigenous and local communities, when traditional knowledge is accessed
Parties shall respect, recognize and protect the collective rights of indigenous peoples and local communities to their genetic resources and associated traditional knowledge, and shall establish an appropriate national regulatory framework to effectively protect and implement such rights. Until such regulatory framework has been put in place, the Parties shall nonetheless uphold obligations with respect to indigenous peoples and local communities’ collective rights to genetic resources and traditional knowledge, consistent with international law.
▄ No engineered or coerced access to traditional knowledge
For the purposes of the international regime, it constitutes an act of misappropriation/unauthorized access to:
1) access and/or use genetic resources and/or associated traditional knowledge without obtaining the relevant indigenous peoples or local community’s FPIC, or
2) access and/or use genetic resources and/or associated traditional knowledge when found ex situ, and/or the traditional knowledge already in the public domain*, and when no FPIC requirements apply, without providing fair and equitable benefit sharing with the relevant indigenous people or local community.
▄ Access with approval of traditional-knowledge holders
Each contracting party shall take legislative, administrative or policy measures ensuring FPIC by indigenous peoples and local communities before access is granted to:
i) genetic resources, when the indigenous peoples or local communities have rights to such under national and/or international law, and
ii) traditional knowledge, when the indigenous people or local communities have such traditional knowledge associated to genetic resources.
If FPIC is granted, this shall be documented in MATs with the indigenous people or local community concerned.
▄Measures to ensure that access to traditional knowledge takes place in accordance with community level procedures
States shall respect indigenous peoples’ and local communities’ customary laws, norms and protocols pertaining to genetic resources and associated traditional knowledge.
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