7. Convention on Biological Diversity (CBD)
Background
The Convention on Biological Diversity (the "CBD") was developed by the United Nations Environment Programme. It was adopted in June 1992 at the United Nations Conference on Environment and Development in Rio de Janeiro, commonly known as the Earth Summit, and came into force in December 1993.
The CBD is an international treaty and as such, a legally binding instrument. To date, it has been ratified by 188 countries, including New Zealand. In ratifying the Convention, Parties have committed themselves, in general terms, to undertake national and international measures to achieve three core objectives: the conservation of biological diversity; the sustainable use of biological components; and the equitable sharing of benefits arising out of the utilisation of genetic resources.
Consideration of Traditional Knowledge
Relevant Provisions of the CBD
The CBD contains a number of provisions of particular importance to Indigenous and local communities regarding their traditional knowledge.
The Preamble to the CBD explicitly recognises the close and traditional dependence of many Indigenous and local communities on biological diversity and the desirability of sharing equitably the benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components. There is also a broad recognition of the contribution that traditional knowledge can make to both the conservation and the sustainable use of biological diversity, two core objectives of the CBD.
Article 8(j) is the pivotal provision of the CBD regarding traditional knowledge. It contains three general commitments. It calls upon Parties to:
- respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities;
- promote the wider application of this knowledge, these innovations and these practices with the approval and involvement of the holders of this knowledge;
- encourage equitable sharing of the benefits arising from the use of such knowledge, innovations and practices.
The CBD also contains a number of provisions related to Article 8(j) that are relevant to traditional knowledge. These include:
- Article 10(c) which requires Parties to "protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements". The traditional knowledge, innovations and practices of most Indigenous and local communities directly derives from the customary use of biological resources, therefore it is important to read Article 10(c) in conjunction with Article 8(j);
- Article 17.2 which provides for the repatriation or return of information, which is of importance to Indigenous and local communities embodying traditional lifestyle relevant for the conservation and sustainable use of biological diversity; and
- Article 18.4 which sets out the requirements for technical and scientific cooperation and provides that Parties shall encourage and develop methods of cooperation for the development and use of technologies, including indigenous and traditional technologies, in pursuance of the objectives of the Convention.
Convention Bodies
The primary body under the Convention that considers traditional knowledge is the Working Group on Article 8(j) and Related Provisions. However, as traditional knowledge is a cross-cutting issue that affects many aspects of biodiversity, its consideration extends to other bodies under the Convention such as the Working Group on Access and Benefit Sharing. Additionally, CBD discussions on thematic areas such as forest biodiversity have addressed issues relating to Article 8(j).
The Conference of Parties
Countries who have ratified the CBD meet every two years at the Conference of the Parties, commonly referred to as the "COP". This is the governing body of the Convention. Its key function is to keep under review the implementation of the Convention and to steer its development. At a practical level, this involves, among other things, identifying priorities and agreeing on programmes of work for its subsidiary bodies to elaborate or clarify aspects of the Convention.
To date, there have seven ordinary meetings of the COP. Thousands of people from around the world attend COP meetings. This includes government representatives, Indigenous peoples, non-government organisations (such as Greenpeace) and inter-governmental organisations (such as the World Health Organisation).
Working Group on Article 8(j) and Related Provisions
This Working Group was established specifically to address the implementation of Article 8(j) and related provisions of the Convention. Indigenous and local communities' representatives play an active role in its work. Its mandate includes providing advice to the COP on the application and development of legal and other appropriate forms of protection for the knowledge, innovations and practices of Indigenous and local communities.
For further information on the Working Group on Article 8(j) and Related Provisions, visit Article 8(j): Traditional Knowledge, Innovations and Practices - Introduction .
Working Group on Access and Benefit Sharing
The CBD requires Parties to endeavour to create conditions to facilitate other Parties access to genetic resources. In addition, Parties are also required to take measures, as appropriate, with the aim of fairly and equitably sharing the benefits arising from the commercial and other utilisation of genetic resources. This Working Group was established to assist with the implementation of these obligations. Its mandate also extends to considering ways to ensure the respect, preservation, and maintenance of knowledge, innovations and practices of Indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological resources.
For further information on the Working Group on Access and Benefit Sharing, visit Access to Genetic Resources and Benefit-Sharing .
Participation of Indigenous and Local Communities in CBD Meetings
The importance of the full and effective participation of Indigenous and local communities in meetings under the CBD has been recognised on an ongoing basis by the COP. At its seventh meeting, the COP decided to establish a voluntary funding mechanism to facilitate the participation of Indigenous and local communities in CBD meetings. In addition, Parties have been invited by the COP to facilitate the participation of representatives of Indigenous and local communities in official meetings under the CBD.
The CBD is viewed by many Indigenous groups as a key instrument for advancing the recognition, preservation and promotion of their traditional knowledge. Accordingly, Indigenous and local communities are very active in CBD meetings. Some of the ways in which they participate are described below.
International Indigenous Forum on Biodiversity
The International Indigenous Forum on Biodiversity (the "IIFB") was established at COP3 in 1996. The IIFB has also been recognised by the COP as an advisory body regarding work around Article 8(j) and related provisions. The IIFB is open to all Indigenous peoples and meets before each of the major meetings of the CBD, such as the COP, the Subsidiary Body on Scientific, Technical and Technological Advice, the Working Group on Access and Benefit Sharing and the Working Group on Article 8(j) and Related Provisions.
During the IIFB, participants talk about their concerns and strategies around the CBD. They draft text as well as opening and closing statements for the official CBD meetings. Participants are also very active during the CBD meetings in lobbying government officials to better address Indigenous issues.
Indigenous Women's Biodiversity Network
The Indigenous Women's Biodiversity Network (the "IWBN") was established in 1998 at the COP4 meeting. This network is open to all Indigenous women. It was created so that Indigenous women could share their unique experiences and perspectives on the environment and biodiversity. They also discuss ways to have the CBD documents include appropriate wording on gender and recognition of Indigenous womens' traditional knowledge and their use, and conservation of biodiversity.
The meetings of the IWBN are generally one day long and take place at COP meetings and at the Working Group on Article 8(j) and Related Provisions.
Future Work
The work programme on Article 8(j) and related provisions will continue to be progressed within the Working Group on Article 8(j). This includes continuing its consideration of elements of sui generis systems for the protection of traditional knowledge, innovations and practices. As part of this work, the Working Group will consider non-intellectual-property-based sui generis forms of protection, further develop elements for sui generis systems, assess the role of databases and registers in the protection of traditional knowledge, and explore existing as well as new forms of intellectual property protection.
Negotiations on an international regime on access to genetic resources and benefit-sharing will commence in the Working Group on Access and Benefit Sharing in 2005 with the aim of adopting an instrument(s) to effectively implement the provisions in Article 15 and Article 8(j) and the three objectives of the CBD. Some of the elements that will be considered by this Working Group for inclusion in the international regime include:
- Measures to ensure compliance with prior informed consent of Indigenous and local communities holding traditional knowledge associated with genetic resources, in accordance with Article 8(j);
- Recognition and protection of the rights of Indigenous and local communities over their traditional knowledge associated to genetic resources subject to the national legislation of the countries where these communities are located;
- Code of ethics/Code of conduct/Models of prior informed consent or other instruments in order to ensure fair and equitable sharing of benefits with Indigenous and local communities; and
- Customary law and traditional cultural practices of Indigenous and local communities.
Both Working Groups will provide advice and recommendations on these issues to the COP for consideration at its eighth meeting in May 2006. The next meeting of the Ad-Hoc Open-ended Working Group on Access and Benefit Sharing is scheduled to take place in February 2005, while the next meeting of the Ad Hoc Open-ended Working Group on Article 8(j) is scheduled for March 2006.
New Zealand Position
New Zealand has been an active participant in CBD meetings considering traditional knowledge. New Zealand continues to be supportive of CBD initiatives aimed at developing a better understanding of the issues relating to the protection and use of biodiversity-related traditional knowledge and possible options for addressing these issues, including consideration of sui generis mechanisms.
New Zealand has taken the approach that mechanisms should be developed at the domestic level to ensure Parties can accommodate their own characteristics and requirements. As our domestic policy development in this area is at an early stage, it is important that sufficient domestic flexibility is maintained.
We have also emphasised the importance of avoiding duplication of effort across the range of international fora considering traditional knowledge issues. In this regard, New Zealand has suggested that the CBD consider a wide range of protective mechanisms and lessen its focus on intellectual property issues which are being considered by the World Intellectual Property Organisation.
Regarding the participation by representatives of Indigenous and local communities in CBD meetings, the New Zealand government has supported efforts to facilitate their participation. New Zealand has also included Māori on official delegations to a number of meetings under the CBD to provide expertise on traditional knowledge matters.
For further information on how New Zealand is implementing its obligations under the CBD through the New Zealand Biodiversity Strategy, visit Biodiversity Information Online .
Acknowledgement
The Ministry of Economic Development would like to acknowledge the Convention on Biological Diversity website for information used in preparing this fact sheet. For further information on the CBD, visit Convention on Biological Diversity .
Back to Top