Executive Summary of COP5 Decisions
The following executive summaries of the substantive decisions taken during COP5 of concern to indigenous peoples and local communities are designed to be read in conjunction with the decisions of the Convention set out in ' From Policy to Implementation: Decisions from the Fifth Meeting of the Conference of the Parties to the Convention on Biological Diversity ' (SCBD: 2000) [1]
The aim in providing these summaries is to allow indigenous peoples and local communities to obtain snap-shots of areas of interest arising within COP5 decisions. Given the importance of language within the documents of the CBD readers are advised to consult the more detailed thematic reviews provided in section V in areas of specialist interest.
The decisions are presented in accordance with the numerical system (i.e. V/1) adopted by the COP rather than in their order of priority to indigenous peoples and local communities. Where relevant, updates are provided along with the details of documents to be considered at COP6.
Decision V/1 . The opening for signature of the Cartagena Protocol on Biosafety concerning the assessment and regulation of the risk associated with trade in genetically manipulated Living Modified Organisms (LMOs) was a major feature of COP5. This decision sets out the work plan for the Intergovernmental Committee on Biosafety and includes a call for the Executive Secretary to the Convention to invite all stakeholders to contribute to the strengthening of capacity on biosafety. However, no mechanism for such participation is mentioned within the decision. The status of the Protocol will be considered at COP6 (see UNEP/CBD/COP/6/8)
Decision V/2 . Under Inland Water Ecosystems a joint programme of work was adopted with the Ramsar Convention which has formulated guidelines on "indigenous people". The decision also calls for a review of the Report of the World Commission on Dams by SBSTTA for COP6 which will be of particular interest to indigenous peoples affected by dam projects and specialists working on this issue. Progress in the implementation of the joint programme of work will be considered at COP6 (see UNEP/CBD/COP/6/11)
Decision V/3 . The decision on Marine and Coastal Biodiversity promotes the creation of stakeholder partnerships. It recognised the relevance of the joint programme of work under Inland Water Ecosystems with the Ramsar Convention which has formulated guidelines on "indigenous people" for the programme of work on Marine and Coastal Biodiversity (see also decision V/2). Progress in the implementation of the programme of work will be considered at COP6 (see UNEP/CBD/COP/6/11)
Decision V/4 . The decision on Forest Biological Diversity created an ad hoc technical expert group including expertise in traditional knowledge. It prioritised progress in the implementation of the programme of work on forest biological diversity within the work of SBSTTA for COP6 where forest biological diversity will be the main agenda item. The decision placed a strong emphasis on; the participation of indigenous and local communities, the importance of wood and non-wood products, and the need for the participation of indigenous and local communities in the assessment of status and trends in forest conservation and sustainable use. The decision also called for indigenous and local communities and non-governmental organizations to provide relevant information on the implementation of the work programme through case-studies and national reports. Forest Biodiversity was also considered at SBSTTA6 in February 2001. Between February and November 2001 the Technical Expert Group on Forest Biodiversity developed a new programme of work on forest biodiversity which was considered at SBSTTA7. The recommendation for the new programme of work will now go forward to COP6. Indigenous participation within the expert group and collaboration between a wide variety of indigenous peoples organisations and NGOs throughout 2001 had a major impact on the contents of the new draft work programme. The new work programme will now be considered at COP6 (see UNEP/CBD/COP/6/4).
Decision V/5 . The decision on Agricultural Biodiversity included the application of the precautionary principle [2] to genetic use restriction technologies (GURTS) and called for a formal report on the impacts of such technologies upon indigenous peoples and local communities based on direct consultation with indigenous peoples and local community organisations. The decision also called for:
- an assessment of indigenous knowledge of agricultural biodiversity.
- case studies on indigenous and local management practices.
- the creation of stakeholder forums for farmers and indigenous and local communities
- the participation of indigenous peoples and local communities in formulating national plans and strategies.
Progress in the implementation of the programme of work will be considered at COP6 (see UNEP/CBD/COP/6/11).
Decision V/6 . The decision on the Ecosystem Approach which permeates the Convention adopted 12 Guiding Principles for the Ecosystem Approach. The rationale to the first principle includes recognition that "Indigenous peoples and other local communities living on the land are important stakeholders and their rights and interests should be recognized. Both cultural and biological diversity are central components of the ecosystem approach, and management should take this into account" (original wording). Principle 2 specifies that "management should be decentralised to the lowest appropriate level" (decision V/6). The Ecosystem Approach represents an important potential tool for indigenous peoples and local communities seeking to emphasise their rights, the importance of local level management and participation in decision-making. The Ecosystem Approach is a cross-cutting issue under the Convention and therefore applies to all provisions of the Convention. Progress on implementation will be reported at COP6 (see UNEP/CBD/COP/6/12).
Decision V/7 . The decision on Identification, monitoring, assessment and indicators incorporated the ecosystem approach, which includes reference to indigenous peoples rights, into the development of indicators, and promoted case-studies from "relevant organizations" to be discussed in regional workshops. Indigenous peoples and local community organisations may wish to contact the Secretariat with respect to the case studies and workshops in this important area. A report on progress will be considered at COP6 (see UNEP/CBD/COP/6/12 and UNEP/CBD/COP/6/4).
Decision V/8 . The decision on Alien Species introduced interim guiding principles which emphasise the need for a strong precautionary approach and the minimisation of risk, the need for public awareness, the use of safe and socially, culturally and ethically acceptable eradication techniques, and the need for community support based on comprehensive consultation (see note 2). Advocacy of a strong precautionary approach under this decision presents important potential opportunities for indigenous peoples and local communities affected by Alien Species in a wide variety of areas. Alien Species will also be considered at COP6 (see UNEP/CBD/6/18 and UNEP/CBD/COP/6/3).
Decision V/9 . The decision on the Global Taxonomy Initiative is concerned with overcoming the critical lack of knowledge concerning global biodiversity through the promotion of the training of taxonomists on the national level to document biodiversity. The decision created a coordination mechanism of ten people and selected organizations to develop a programme of work and convene regional meetings of scientists, managers and policy makers. While the role of traditional knowledge was recognised at COP4, and Task 13 of the second phase of the programme of work on Article 8(j) is concerned with guidelines on this issue, no mention is made of the implications of the Initiative for indigenous peoples in the COP5 decision. A draft programme of work on the Initiative was subsequently adopted by SBSTTA6 in Recommendation SBSTTA VI/6 which contains reference to indigenous and local communities and merits close attention. The draft programme of work will now go forward to COP6 (see UNEP/CBD/COP/6/4 and UNEP/CBD/6/12).
Decision V/10 . The decision on the Global Strategy for Plant Conservation highlighted that "as many as two thirds of the world's plant species may be in danger of extinction in nature" during the 21st Century and establishes that SBSTTA will form recommendations in liaison with the FAO and the UNESCO Man and the Biosphere Programme for consideration at COP6. Consideration may need to be given to the potential implications of such a strategy for indigenous peoples and the roles that indigenous peoples might play in global plant conservation. Progress on this issue will be considered at COP6 (see UNEP/CBD/COP/6/4 and UNEP/CBD/COP/6/12)
Decision V/11 . The decision on Additional Financial Resources called for the development of a database of biodiversity related funding information through the Clearing House Mechanism and for institutions and NGOs to nominate focal points to liase with the Executive Secretary to the Convention. This may be of interest to indigenous peoples organisations and non-governmental organisations seeking funding for their initiatives or wishing to submit information on funding initiatives. Progress will be reported at COP6 and contains one brief reference to indigenous peoples and local communities (see UNEP/CBD/COP/6/14).
Decision V/12 . The decision on the Second Review of the Financial Mechanism called for stakeholders to submit their views on the financial mechanism (the GEF) using a questionnaire to be developed by an evaluator as the basis for a report to be submitted to COP6. The report of the independent evaluator will now be considered at COP6 and contains a number of significant references to traditional knowledge and support for indigenous peoples and local communities (see UNEP/CBD/COP/6/13/Add.1).
Decision V/13 . The decision on Guidance to the Global Environmental Facility set out the priority areas for GEF funding and emphasised that poverty alleviation is the main concern of developing countries. The decision identified, agricultural biodiversity, dry and sub-humid lands, forest biodiversity, coral bleaching, the consultative process for second national reports, participation in the clearing house mechanism, projects for access and benefit sharing, priority activities under the programme of work on Article 8(j), public awareness and education, and inland water biological diversity, as priority areas for financial support. Indigenous peoples organisations may wish to contact the GEF to investigate progress in these areas and propose initiatives (see also UNEP/CBD/COP/6/13, UNEP/CBD/COP/6/13/Add.1, UNEP/CBD/COP/6/16/Add.1).
Decision V/14 . The decision on the Clearing House Mechanism called for the creation of an informal advisory committee to carry out a review of the CHM for COP6. The decision also called for the creation of national directories of scientific institutions and experts, the designation of national focal points to establish links with NGOs, the creation of national, subregional and regional thematic focal points. The decision classifies information providers as primary partners and allows custodianship to remain with the providers of information. The decision called for regional workshops for capacity-building, training and awareness and identification of best practice, formats and protocols for the exchange of information, as well as the promotion of non-internet based tools for the implementation of the Convention. Indigenous peoples have consistently argued that the problem with the CHM rests in the emphasis that is placed upon indigenous peoples providing information to the CBD rather than the CBD providing information on CBD processes to indigenous peoples as the basis for their meaningful participation. Indigenous peoples and local community organisations may therefore wish to explore progress with respect to the informal advisory committee, the review of the CHM, and regional workshops. The Clearing House Mechanism will also be considered at COP6 (see UNEP/CBD/COP/6/13)
Decision V/15 . The decision on Incentive Measures called for case studies on positive incentive measures and the identification and mitigation of perverse incentive measures. The decision notes the incentive measures in the Inland Water Ecosystems joint programme of work with the Ramsar Convention and urges exploration of the ways that incentives under the Kyoto Protocol can support the objectives of the CBD. Indigenous peoples and local community organisations may wish to contribute to identifying what the CBD calls "perverse incentive" measures and to propose positive incentive measures for the conservation of biodiversity upon their lands and territories. Incentive measures will be considered at COP6 (see UNEP/CBD/COP/6/12)
Decision V/16 . The decision on Article 8(j) and related provisions established the continuation of the Ad Hoc Working Group on Article 8(j) and related provisions and the adoption of a programme of work focusing on indigenous peoples participation. The decision recognised the principle of prior informed consent, the role of indigenous women, the advisory status of the International Indigenous Forum on Biodiversity and promotes the inclusion of indigenous delegates within official delegations. The report of the Second Meeting of the Ad Hoc Working Group on Article 8(j) in February 2002 will be submitted to COP6 (see UNEP/CBD/COP/6/7 for the report of the second meeting and also UNEP/CBD/COP/6/12). See Decision VI/10.
Decision V/17 . The decision on Education and Public Awareness promotes the development of outreach activities of the Secretariat to raise awareness of biological diversity amongst all sectors of society including indigenous and local communities. The COP established a CBD-UNESCO Consultative Working Group on Experts on Biological Diversity, Education and Public Awareness which included indigenous peoples delegates and NGO participants. The draft programme of work developed by the Working Group of Experts will now be considered at COP6. This provides important opportunities for indigenous peoples and local communities to highlight issues such as the role of inter-cultural bilingual education programmes in the conservation of biodiversity (see UNEP/CBD/COP/6/13/ADD2).
Decision V/18 . The decision on Impact Assessment, Liability and Redress established the importance of the involvement of all stakeholders including indigenous and local communities in a participatory approach to all stages of the assessment process and the creation of appropriate mechanisms, such as committees, to secure participation. The decision then called for the collaboration of indigenous and local communities in SBSTTA's efforts to develop guidelines to incorporate biodiversity issues into legislation and processes concerned with strategic environmental assessments and calls for case studies. Drawing on this decision indigenous peoples organisations may wish to explore the creation of local environmental impact assessment committees to review the environmental impacts of proposed developments on their territories. Draft guidelines on cultural, environmental and social impact assessments will also be considered at the second meeting of the Ad Hoc Working Group on Article 8(j) and related provisions. Care will therefore be needed to ensure that progress made under Article 8(j) is reflected in the work under impact assessment at COP6 which will consider separate draft guidelines on impact assessment (see UNEP/CBD/COP/6/4). COP6 will also consider a separate report on Liability and Redress (see UNEP/CBD/COP/6/12/ADD1).
Decision V/19 . The decision on National Reporting adopted an agreed format for the reports and specified that the next national report was due by the 15th of May 2001 and from that point onwards at alternate COP meetings. The decision emphasises that national reports are to be prepared through a consultative process involving all stakeholders or information generated through a consultative process. The decision also decided to streamline and harmonise national reporting in collaboration with other biodiversity-related conventions and review progress at COP6. The decision invited parties to develop detailed thematic reports in one or more area including, Alien Species, Benefit Sharing, Forest Ecosystems.
Indigenous peoples organisations and support organisations may therefore wish to contact their relevant national focal points to identify what, if any, arrangements are in place for the consultation process upon which national reporting will be based, and to propose thematic areas for reports. National focal points can be located via http://www.biodiv.org or through the Ministry of the Environment (or equivalent). The Convention has also recently introduced a sophisticated online National Report Analyser that can be accessed through the CBD website under national reports.
National reports will be considered under Mechanisms for Implementation at COP6 (see UNEP/CBD/COP/6/13) and under Cooperation which includes proposals regarding the harmonisation of national reports with related processes (UNEP/CBD/COP/6/15).
Decision V/20 . The decision on the Operations of the Convention established that the COP will hold ordinary meetings every two years, encourages transparency in decision making, and calls for the development of a strategic plan and operational goals for the period 2002 to 2010 to be considered by COP6. The decision empowers SBSTTA to create ad hoc technical expert groups, calls for an improvement in the quality of scientific advice and decides to unify decisions on financial guidance. For indigenous peoples the most significant element of this decision is that paragraph 31 calls upon Parties to consider the involvement of indigenous and local communities, gender balance and a range of disciplines including traditional knowledge in the nomination of experts for inclusion within the roster of experts to the CBD.
Decision V/21 . Under the decision on Cooperation the CBD promoted; the strengthening of cooperation with the UNFCCC and Kyoto Protocol on issues including dry and sub-humid lands, forest biological diversity, coral reefs and incentive measures. The decision emphasised the need to push forward with the joint programme of work with the Ramsar Convention, where indigenous peoples have made significant advances, and proposes the incorporation of migratory species within the CBD work programme through collaboration with the Convention on Migratory Species. The decision proposed collaboration with the International Biodiversity Observation Year of Biodiversity and with the Millennium Ecosystem Assessment. The decision also recognised, and encouraged support for, the Global Biodiversity Forum in which indigenous peoples are important participants.
In considering this decision it is important to recognise that the CBD is increasingly building relationships with other international conventions such as the UNFCCC, CITES on endangered species, the United Nations Forum on Forests, and the Convention to Combat Desertification. This suggests that there will be a growing need for enhanced coordination between indigenous peoples and local community organisations with expertise in different international processes in order to ensure that the experience and gains made in one area can be brought to bear within related processes.
The issue of cooperation, including harmonisation of the implementation of international environmental agreements, reporting and relations with other Conventions will be considered at COP6 (see UNEP/CBD/COP/6/15).
Decision V/22 . The decision concerning the Budget of the programme of work for the biennium 2001-2002 establishes a budget for regional workshops and meetings of the advisory committee of the Clearing House Mechanism, workshops concerning sustainable use and tourism, a meeting of the Panel of Experts on Access and Benefit Sharing in 2001 (US$105,000), a meeting of the new Working Group on Access and Benefit Sharing in 2002 and of the Working Group on Article 8(j) (US$480,700) in 2002. The draft budget for consideration by COP6 is available in document UNEP/CBD/COP/6/16/Add.1.
Decision V/23 . The decision on Dryland and Semi-arid Lands adopted a programme of work focusing on the identification of best management practices including indigenous knowledge, supporting local resource management and institution building, recognition of inter-community management, creating or strengthening institutions for land tenure and conflict resolution, combating poverty, equitable benefit sharing, case studies and collaboration with the Convention to Combat Desertification. This work programme will be of significant interest to indigenous peoples within dry and sub-humid lands. Progress in the implementation of the programme of work and relations with the Convention to Combat Desertification will be considered at COP6 (see UNEP/CBD/COP/6/11 and UNEP/CBD/COP/6/15).
Decision V/24 . The decision on Sustainable Use recognises the need to develop mechanisms to involve indigenous and local communities and to ensure that indigenous and local communities benefit from sustainable use. The decision calls for case studies and lessons learned with respect to sustainable use drawing on the experience of indigenous and local communities. During the year 2001 and 2002 a series of regional workshops were held on sustainable use. The expected outcomes of these workshops are a series of practical principles/guidelines on sustainable use for consideration by COP6 (see UNEP/CBD/COP/6/4). The issue of sustainable use is of vital concern to indigenous peoples and local communities but has so far been dominated by discussions of tourism. Sustainable use is an objective of the Convention and this is a key area in which progress needs to be made.
Decision V/25 . The decision on Biological Diversity and Tourism recognises the need for the full and effective participation of indigenous and local communities, their involvement in formulating strategies and plans, the role of traditional knowledge under 8(j), the role of indigenous and local communities in management and monitoring and assessment including cultural and spiritual aspects. The Annex to the decision contains a detailed assessment of the positive and negative aspects of tourism which recognises the negative impacts of tourism upon indigenous peoples lands, livelihoods, cultural practices and sacred sites. The decision calls for a series of workshops on sustainable use and tourism which will be of particular interest to indigenous peoples and local community organisations. In 2001 sustainable tourism was considered by SBSTTA7 and draft guidelines will be submitted to SBSTTA prior to COP7 (see UNEP/CBD/COP/6/4).
Decision V/26 . This decision established a new Ad Hoc Working Group on Access and Benefit Sharing and emphasised the need for the full and effective participation of indigenous peoples. The decision recognised the principle of Prior Informed Consent and established that the Expert Panel on Access and Benefit Sharing will continue its work. The first meeting of the Working Group took place in Bonn, Germany, in October 2001 during which the sixth meeting of the International Indigenous Forum on Biodiversity was convened. The Working Group developed draft guidelines (known as 'Bonn Guidelines') on Access and Benefit Sharing which will be considered at the second meeting of the Working Group on Article 8(j) and related provisions and by COP6. The Working Group also considered the issues of capacity-building and the role of intellectual property rights instruments. This is an important and sensitive area which will be considered in detail at COP6 (see UNEP/CBD/COP/6/6 and UNEP/CBD/COP/6/19)
| From Policy to Implementation? | Executive Summary COP5 | Executive Summary COP6 |References |