• Acknowledgements
• About the Authors
• Introduction
• Dimensions of Diversity
• Indigenous Peoples, Local Communities and the Convention on Biodiversity
• From Policy to Implementation?
• Executive Summary of COP5 Decisions
• Executive Summary of COP6 DecisionsReferences

Institutions of the Convention:

In seeking to ensure the development and implementation of the Convention, the Convention has established a number of institutions with which indigenous peoples and local communities seeking to participate in CBD processes must inevitably engage. These are:

The Conference of Parties (COP)

The Conference of Parties (COP) is the maximum decision-making body of the Convention and consists of governments and European Union who form the "Parties" to the Convention. The COP now meets every two years and if necessary may meet in extraordinary session. The COP may be attended by governments, such as the United States, who are not a party to the Convention and other interested organisations including indigenous peoples and local community organisations in the capacity of observers.

Extraordinary Meetings of the Conference of Parties (EM)

The COP is empowered to hold extraordinary meetings of the Parties. The first of these was staged to develop a Protocol on Biosafety in Cartagena, Colombia in February of 1999. This was suspended when agreement was not reached on the text, and resumed in Montreal, Canada, in January 2000 where the text of the Protocol was agreed.

Inter-Sessional Meetings on the Operations of the Convention (ISOC)

During COP4 it did not prove possible to take decisions on all issues relating to the organisation of the work, or "operations", of the Convention. On this basis, the COP decided to convene an inter-sessional meeting on the operations of the convention to consider outstanding issues, and recommended the development of a strategic plan for the Convention to COP5. Such meetings may, from time to time, be held in the future when the COP is unable to reach decisions.

The Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA)

The role of SBSTTA is to provide the COP with ". advice and recommendations on scientific, technical and technological aspects of the implementation of the Convention. Specific functions of SBSTTA include: providing scientific and technical assessments of the status of biological diversity; preparing scientific and technical assessments of the measures taken to implement the Convention; identifying innovative, efficient and state of the art technologies and know how, and advising on how to promote their development; providing advice on scientific programmes and international cooperation in research and development; and generally responding to scientific, technical and technological and methodological questions asked by the COP."(SCBD 2000: xxvii)

SBSTTA generally meets once a year and the members of SBSTTA are drawn from the government nominated international roster of experts. Governments which are not Party to the Convention and other interested organisations, including indigenous peoples and local community organisations, may attend the meetings of SBSTTA in the capacity of observers.

The Secretariat

The Secretariat of the CBD presently consists of fifty-five staff under the leadership of the Executive Secretary, and is based in Montreal, Canada. The Secretariat is primarily responsible for preparing and servicing the meetings of the CBD and coordination with other international bodies.

An indigenous focal point on Traditional Knowledge has been appointed to the Secretariat whose details will be found in Section VI.

The Secretariat is the first point of contact for indigenous peoples and local communities seeking to participate within CBD processes. It produces regular "notifications" regarding up-coming events, which are to be located at http://www.biodiv.org.

The Financial Mechanism

The majority of the world's biodiversity is located within developing countries. In recognition of this, the Convention established what is called 'the financial mechanism' in order to provide financial resources to developing countries for the implementation of the Convention (SCBD 2001: xxi).

The Convention established that the Global Environmental Facility (GEF), which is led by the World Bank, would serve as the interim financial mechanism (SCBD 2001: xxi). This role seems likely to continue into the future. As of 1998 the total allocation to the GEF stood at US$2.75 billion. This amount may significantly increase during the forthcoming "Third Replenishment" of GEF funds.

It is important to note that the GEF is a controversial institution from the perspective of many developing or Southern countries, indigenous peoples and partner organisations. However, it has recently taken some steps towards establishing dialogue with indigenous peoples organisations.

The Clearing House Mechanism (CHM)

The Clearing House Mechanism (CHM) is the rather arcane title employed by the Convention to describe the mechanism for the exchange of information on biodiversity related issues and the promotion of technical and scientific cooperation. In reality, the Clearing House Mechanism consists of a series of internet sites established by governments and other organisations around the world which are linked to the central Convention website located at http://www.biodiv.org. In the past, the website was difficult to navigate. The exclusively electronic nature of the CHM deprives the vast majority of indigenous peoples and local communities from access to information on the Convention and its processes. However, indigenous peoples are making a number of independent efforts to establish indigenous controlled internet based networks for sharing information, such as the Indigenous Biodiversity Information Network (IBIN).

Subsidiary Organs

The Convention is empowered to establish a variety of subsidiary organs. These include:

• Ad Hoc Open Ended Working Group s made up of experts and others nominated by governments. The term "Ad Hoc" refers to the fact that such Working Groups are established as and when needed and that they are not intended to be permanent. The term "Open Ended" signifies that they will be allowed to continue until such time that the COP believes that they have completed their work or their usefulness has otherwise ended. To date three Working Groups have been established on Biosafety, Article 8(j) and related provisions, and most recently in 2000, on Access and Benefit Sharing. Working Groups report directly to the COP. Non-Parties, such as the USA, and other interested organisations, including indigenous peoples and local community organisations, are allowed to participate as observers. In the case of the Working Group on Article 8(j) and related provisions, indigenous peoples representatives have served as co-chairs of the Working Group, have been provided with space to intervene in debates and have participated in the Bureau of the Working Group.

• Panels of Experts . The COP may from time to time create panels of experts drawn from government nominated members of the international roster of experts. To date, a panel of experts has been created on Access and Benefit-Sharing which reports directly to the COP. Non-Parties and other interested organisations, including indigenous peoples and local community organisations, are allowed to participate in the meetings of panels of experts as observers. In the case of the Panel of Experts on Access and Benefit-Sharing a small number of indigenous delegates nominated by governments have participated in the two meetings of the panel that have been held to date.
• Ad Hoc Technical Expert Group s. The Conference of Parties or SBSTTA may also establish Ad Hoc Technical Expert Groups in order to push forward with progress in particular areas. To date, technical expert groups have been established for forest biological diversity, marine and coastal protected areas, dryland and associated ecosystems, and a joint CBD-UNESCO consultative panel on education and public awareness. More recently, in 2002 an Expert Group has been established on biological diversity and climate change. Participants within Ad Hoc Technical Expert Groups are drawn from the international roster of experts and are small in size. Technical Expert Groups report to SBSTTA unless otherwise determined.

It is important to note that during COP5 the COP recognised the importance of improving the range and quality of advice available to the Parties and the inclusion of indigenous peoples and local communities delegates under Decision V/20. The Convention is now increasingly seeking to incorporate indigenous and local community delegates in all of its work. For example, an indigenous specialist was included in the Technical Expert Group on Forest Biodiversity established by COP5. While the size of the group was initially criticised, this was ultimately a positive experience. Furthermore, rule 12 (f) of the Modus Operandi of SBSTTA establishes that reports of Ad Hoc Technical Expert Groups ".should, as a general rule be submitted for peer review"