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Anex

  
As an advisory body to the Parties to the Convention on Biological Diversity, the International Indigenous Forum on Biodiversity submits the following recommendations to the Parties
    
Self-Determination

Acknowledge that Indigenous Peoples' are rights-holders and not mere stakeholders. Indigenous Peoples have the collective rights to:

  • Self-determination

  • Their lands and territories

  • Their cultural heritage and control over their own knowledge

  • Free, prior and informed consent to all activities affecting their lands, territories, natural resources and traditional knowledge.

 

Prior and Informed Consent

In the context of Indigenous Peoples' rights to self-determination, free, prior and informed consent means:

  1. All members of the communities affected consent to the decision

  2. Consent is determined in accordance with customary laws, rights and practices

  3. Freedom from external manipulation, interference or coercion

  4. Full disclosure of the intent and scope of the activity

  5. Decisions are made in a language and process understandable to the communities

  6. Indigenous Peoples' customary institutions and representative organizations must be involved at all stages of the consent process

  7. Respect for the right of Indigenous Peoples to say NO.


Relationships with other International Legal Regimes

The Parties to the Convention on Biological Diversity must uphold its integrated approach towards biological diversity, traditional knowledge and access and benefit sharing over narrow commercial approaches in WTO TRIPS and similar agreements.

Existing and emerging international legal instruments on the rights of Indigenous Peoples must be applied.

As an advisory body to the Parties to the Convention on Biological Diversity, the International Indigenous Forum on Biodiversity submits the following recommendations to the Parties
    
    
Operations of the Convention on Biological Diversity

Promote language and mechanisms for the full and effective participation of Indigenous Peoples as equal partners in the entire work programme of the Convention on Biological Diversity in an integrated way:

  • Adopt the expression "Indigenous Peoples and local communities" in all the work and documents of the Convention on Biological Diversity

  • Establish the necessary linkages between the Convention on Biological Diversity's work programmes on cross-cutting issues: Article 8(j) and related provisions, Incentive Measures, Access and Benefit Sharing; and between these cross-cutting issues and thematic work programmes

  • Ensure that the progress which has already been made in the Working Group on Article 8(j) and related provisions is reflected in the work and documents of the Working Group on Access and Benefit Sharing

  • Ensure that the positive language on Indigenous Peoples in the report of the Second Meeting of the Panel of Experts on Access and Benefit Sharing is adequately reflected in the main working documents of this Working Group

  • Recall that at COP5 advances were made in prioritizing the elements and tasks of the Work Programme of Article 8(j) and related provisions. Very high priority was given to participatory mechanisms; exchange and distribution of information; monitoring; and legal elements. Progress on these priorities is a precondition for Indigenous Peoples' involvement in the Convention on Biological Diversity's work on access and benefit sharing

  • Develop mechanisms for the full and effective protection of Indigenous Peoples' rights. Until such time that such mechanisms enter into effect, we propose that a moratorium on the commercial exploitation of their traditional knowledge and natural resources, including genetic resources should be respected.

 

Comments on the Access and Benefit Sharing DocumentsLegislative, administrative and policy measures, and means to ensure the respect, preservation and maintenance of the traditional knowledge, innovations and practices of Indigenous Peoples and local communitiesLegal recognition of the rights of Indigenous Peoples is the most effective measure to ensure the respect, preservation and maintenance of the knowledge, innovations and practices of Indigenous Peoples and local communities. Clarity in the legal position of Indigenous Peoples is also the most effective way of reducing transaction costs and delays due to conflicts with communities.


Capacity Building

The report of the Second Meeting of the Panel of Experts on Access and Benefit Sharing concludes that capacity building should be the essence of the work of the Convention in this area. The International Indigenous Forum on Biodiversity recommends:

  • The need for capacity-building among Parties with respect to existing and emerging international standards on the rights of Indigenous Peoples

  • The need to identify examples of best practice in the development of national legislation and sui generis systems conforming with the standards proposed by Indigenous Peoples

  • Promote direct engagement with representative Indigenous Peoples' organizations in enhancing the capacity of Parties with regard to legislative and other measures to secure practical recognition of the rights of Indigenous Peoples as set out in existing and emerging international instruments.

 

Equitable Sharing of Benefits

For Indigenous Peoples the legal recognition of Indigenous Peoples' rights, especially land and territorial security, is paramount over monetary and non-monetary benefits. Only from this position of security can flow equitable sharing of benefits.