Guiding Document

Annex 1

Guiding Document

1. Background:

Guidance for proposed regional cooperation strategies to implement the results of the Nagoya Protocol and Article 8j of the CBD CoP10, with active indigenous representation.

1. Work references:

2.1.ACTO Strategic Cooperation Agenda (Topic B: Indigenous Affairs)

Subtopic B.2: “Protecting traditional knowledge of indigenous peoples and other tribal communities”, has three work activities that express the Member Countries decision to work together, among others:

-Convene regional meetings related to the CBD and ILO Convention 169 with active indigenous representation.

-Promote dissemination and capacity-building programs/activities on topics like the CBD and ILO Convention 169.

-Hold a meeting to share experience and information on national free, prior and informed consultation mechanisms.

2.2 – Synthesis of CBD CoP10 results.

2.2.1 ABS (Access and Benefit Sharing):

The CoP10 approved the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilizationthat will be open for signature by the parties from 2 February 2011 to 1 February 2012. The Protocol has 27 preamble clauses, 36 operational provisions and an annex that describes the monetary and non-monetary benefits.

Important aspects of the ABS Protocol Document approved in Nagoya:

-The underlined parts of the document are directly linked to the ACTO Indigenous Agenda activities.

-To comply with the Protocol objectives the Parties will have to prepare technology transfer processes and financial strategies.

-The Protocol is related to other international agreements and instruments, but does not affect them.

-Regarding fair benefit-sharing mechanisms, the text guides each Party to take administrative, policy and legislative measures to implement the Protocol, guaranteeing that the benefits produced by genetic resources and indigenous and local community knowledge are shared through mutually agreed terms (MAT), respecting the domestic legislation.

-The instrument that regulates access to genetic resources is prior informed consent (PIC) exercised through some form of consultation mechanism. Each Party, in compliance with its domestic legislation, shall take measures to ensure that PIC is obtained from the communities that own the resources. The necessary measures to implement consent mechanisms go from dissemination of information and developing capacity, to formulating rules, procedures and criteria for consultations and MAT, in addition to measures to guarantee that access was obtained through PIC.

-The Parties must consider the need for a global multilateral benefit-sharing mechanism for cases in which genetic resources and associated traditional knowledge occur in frontier areas or transboundary populations, or situations for which it is not possible to grant or obtain prior informed consent.

-In the process of implementing the Protocol, the Parties shall, in accordance with domestic law, take into account customary laws and existing community protocols and procedures for traditional knowledge associated to natural resources. The Parties shall also take measures to support the development of community protocols and to inform indigenous peoples and local communities of the subject. They shall additionally develop minimum requirements to establish MAT between the communities and other parties involved. This will require strengthening the negotiation capacity of the populations that hold traditional knowledge associated to genetic resources.

-The Parties shall designate national focal points to disseminate information to the holders of traditional knowledge and to all those involved in the accessing such knowledge. This information must include procedures to exercise PIC and prepare MAT, mechanisms to ensure good practices in processes related to fair and equitable benefit-sharing, and compliance with domestic law.

-In this sense, the countries shall endeavor to prepare PIC verification mechanisms, including measures to settle disputes and monitor utilization of genetic resources.

-The Convention shall make efforts to stimulate the use of voluntary codes of conduct and mechanisms to protect traditional knowledge (Article 8j).

Final decisions:

There is great need to strengthen the countries' capacities to implement the CBD objectives at the regional and subregional levels, as registered in the CBD Strategic Plan approved in CoP10 (UNEP/CBD/COP/10/L.24). CoP10 also called on the countries to promote broad and effective participation of indigenous and local communities and other stakeholders in implementing the CBD. This will require collaboration between the countries to support national capacity development actions like National Biodiversity Strategies and Action Plans (NBSAPs).

2.2.2 Article 8j

One of the topics discussed under Article 8j, which addresses mechanisms to protect traditional knowledge, was broad and effective participation of indigenous and local communities in CBD decision-making processes and the consequent need to provide capacity-building activities for these groups, especially concerning negotiations and processes related to fair benefit-sharing.

The delegates decided to harmonize the expressions and concepts used in Article 8j with those of the ABS Protocol, and to consider PIC an instrument to protect traditional knowledge.

The decisions of Working Group 2pointed mainly to the need for capacity development, including participation instruments and mechanisms to impart and disseminate knowledge on the subject geared to indigenous and local (traditional) communities.

Regarding the sui generis systems to protect traditional knowledge, CoP10 accepted and registered that these systems must always comply with domestic laws.

A meeting on Article 8j will be held simultaneously with another CBD meeting to address linkages between mechanisms to protect traditional knowledge and other topics of the Convention.

1. Linkages between the ACTO Strategic Agenda and other topics of the Convention of Biological Diversity.

The CBD issues to be addressed are directly linked to Amazonian indigenous populations: the Nagoya Protocol on access to genetic resources and fair and equitable sharing of benefits arising from their utilization (ABS) and Article 8j, which regulate protection mechanisms for traditional knowlegde.

These mandates are directly related to the need to support capacity development and knowledge dissemination activities for indigenous and local populations to support the implementation of the Convention, as described in the CoP10 documents.

As such, the mandates of the Strategic Cooperation Agenda of the ACTO regarding the topic Indigenous issues, and the CBD requirements, share a common regional objective.

4) Guidance to formulate work proposals.

The mandates of the ACTO Strategic Agenda propose a number of activities that have to do with the CBD.

By incorporating the topic in the agenda of the 3rd Regional Meeting, the Organization aims to offer the Member Countries a chance to share points of view. It will also gather and organize the country delegates' suggestions on possible cooperation activities to implement the agreements adopted in the CBD CoP10, in accordance with the national views and including active and effective indigenous representation. To this extent we propose the following matrix-model to guide the meeting:

Objectives / Participants / Suggestions for concrete cooperation activities / Countries/Institutions Involved / Roles of the Countries/Institutions / Suggested Date and Venue

Final guidelines:

- The delegations will present their suggestions (made in advance) at the 3rd Regional Meeting of High Governmental Authorities for Indigenous Affairs.

-The suggestions will be organized and systematized with the help of a facilitator.

-Pursuant to the mandate, effective indigenous participation is very important.