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• Ways for Indigenous Peoples groups to advance
  adaptation concerns and solutions through
  international fora
• August 2008
• Prepared for the Inuit Circumpolar Council
• With support from The Christensen Fund

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International law
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Germany - List of ParticipantsCBD SBSTTA-12

• 156. Mrs. Nicola Breier
• Head of Unit
• International Nature Conservation Activities
• Federal Ministry for the Environment
• Godesberger Allee 90/Bundesministerium fur
  Umwelt,
• Naturschutz und Reaktorsicherheit, Robert Schuman
  Platz 3
• Tel [phone]
• Fax [phone]
• E-Mail nicola.breier_at_bmu.bund.de
• 157. Dr. Horst Korn
• 158. Dr. Mariam Akhtar-Schuster
• 159. Dr. Christoph Eichen
• 160. Ms. Cordula Epple

• 161. Mr. Uwe Fritsche
• 162. Dr. Christoph Görg
• 163. Ms. Sylvia Kürpick
• 164. Dr. Cornelia Löhne
• 165. Dr. Carsten Loose
• 166. Dr. Swen C. Renner
• 167. Dr. Uwe Schippmann
• 168. Prof. Dr. Stefan Schrader
• 169. Ms. Jutta Stadler
• 170. Dr. Konrad Uebelhör

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Scope

• United Nations Framework Convention Climate
  Change (UNFCCC) its Kyoto Protocol
• Convention on Biological Diversity (CBD)
• World Intellectual Property Organisation (WIPO)
• United Nations Educational, Scientific and
  Cultural Organization (UNESCO) World Heritage
  Convention

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Sections

• Objectives and overview
• Structure and institutions
• Subject areas
• Observer status
• Avenue for inputs
• Considerations

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Structure

• Conference of the Parties serving as the meeting
  of the Parties to the Kyoto Protocol
• Subsidiary Body for Science and Technical Advice
• Subsidiary Body for Implementation
• Ad hoc Working Groups for Long Term Cooperative
  Action
• Ad hoc Working Group on further commitments for
  Annex I Parties under the Kyoto Protocol

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Observer

• To enable organisations to follow discussions in
  their area of interest and expertise
• Formal accreditation process
• Conform to specific criteria e.g. legally
  constituted not-for-profit entities competent in
  matters related to the Convention
• Parties may object to admission
• Allowed to attend meetings and make oral
  interventions
• Network and lobby
• No right to vote
• Represent business and industrial interests,
  local governments, research and academic
  institutes, religious bodies, labour
  organizations, indigenous peoples, campaigning
  NGOs etc.

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Main areas

• Adaptation (AWG-LCA)
• Reducing emissions from deforestation and forest
  degradation in developing countries (REDD)
• UN Declaration on the Rights of Indigenous
  Peoples (UNDRIP)

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Adaptation

• Priority of the most vulnerable developing
  countries
• At least 86 billion USD required by 2015 to
  accommodate the most pressing adaptation needs of
  developing countries (UNDP Human Development
  Report 2007-08)
• Adaptation funding
• Additionality of funding
• Public finance and markets
• Technology transfer
• Intellectual property rights
• Mechanisms to deal with risk

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Bonn adaptation focus

• II. Enhanced action on adaptation
• A. Elaboration of a comprehensive framework for
  adaptation action and resilience
• Formulating and implementing adaptation plans
• 2. Building resilience, creating enabling
  environments and sharing knowledge
• Design of and international support for potential
  schemes to insure against climate-related risks
  and other arrangements for risk management
• B. Matching enhanced action on adaptation with
  financial and technological support

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Bonn outcomes

• Annex I country commitments?
• G77 China positions?
• Text?
• USA?
• Funding for LDCs?
• Various activities and initiatives e.g. V8
  meeting?
• Additional meetings!

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REDD

• Paying developing countries and landholders for
  the reduction of forest clearance rates
• UNFCCC mitigation issue
• Secretariat paper on the cost of implementing
  methodologies and monitoring systems and expert
  meeting
• SBSTA invited Parties and accredited observers to
  submit to the secretariat by 15 February 2009,
  their views on issues relating to indigenous
  people and local communities for the development
  and application of methodologies.
• SBSTA meeting in Bonn in June 2009

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International REDD framework

• Safeguard rights to land and resources
• Effective participation in decision making
• Prior informed consent
• Conflict between customary and state law
• Transparent, inclusive, and accountable forest
  governance
• Recipients and non-recipients of funds
• Effective grievance and redress mechanisms
• Totality of ecosystem services
• Drivers of deforestation outside the forests
  sector?

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Article 18 UNDRIP

• Indigenous peoples have the right to
  participate in decision-making in matters which
  would affect their rights, through
  representatives chosen by themselves in
  accordance with their own procedures,....

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Article 19 UNDRIP

• States shall consult and cooperate in good
  faith with the indigenous peoples concerned
  through their own representative institutions in
  order to obtain their free, prior and informed
  consent before adopting and implementing
  legislative or administrative measures that may
  affect them.

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Principle 10 Rio Declaration

• Environmental issues are best handled with
  participation of all concerned citizens, at the
  relevant level. At the national level, each
  individual shall have appropriate access to
  information concerning the environment that is
  held by public authorities, including information
  on hazardous materials and activities in their
  communities, and the opportunity to participate
  in decision-making processes....

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Mechanisms for participation

• International institution or forum
• Integration in structures
• e.g. CDM board, 3 tier ILO system
• Verifying compliance
• Complaint mechanisms
• National institutions and stakeholder fora

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Other issues

• Mechanism for redress Articles 8, 11, 20
• Involve, consult, participate, decide
• Language v. rights Distribution of benefits
• Designated funding for support, capacity building
  etc.
• Engagement with new agreement (drafting,
  monitoring etc.)

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Art. 8 Biodiversity Convention

• Each contracting Party shall, as far as
  possible and as appropriate...
• (j) Subject to its national legislation,
  respect, preserve and maintain knowledge,
  innovations and practices of indigenous and local
  communities embodying traditional lifestyles
  relevant for the conservation and sustainable use
  of biological diversity and promote their wider
  application with the approval and involvement of
  the holders of such knowledge, innovations and
  practices and encourage the equitable sharing of
  the benefits arising from the utilization of such
  knowledge innovations and practices

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Ad Hoc Open-ended Working Group on Article 8(j)
and Related Provisions

• advice on the application and development of
  legal and other appropriate forms of protection
  for the knowledge, innovations and practices of
  indigenous and local communities embodying
  traditional lifestyles
• development and implementation of a programme of
  work
• identification of opportunities for collaboration
  and coordination with other international bodies
• advice on measures to strengthen cooperation at
  the international level among indigenous and
  local communities embodying traditional
  lifestyles relevant to the conservation and
  sustainable use of biological diversity (IV/9)
• in collaboration with the Ad Hoc Open-ended
  Working Group on Access and Benefit-sharing
  elaboration and negotiation of an international
  regime on access to genetic resources and
  benefit-sharing (VII/19)

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Entry points?

• Seventh meeting of the Ad Hoc Open-ended Working
  Group on Access and Benefit-sharing, 2 - 8 April
  2009, Paris
• Collation of text submitted by parties,
  governments, international organisations,
  indigenous and local communities and relevant
  stakeholders
• Sixth meeting of the Ad Hoc Open-ended Working
  Group on Article 8(j) and Related Provisions, 2 -
  6 November 2009, Montreal
• Call for input

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6th meeting of the Ad Hoc Open-ended Working
Group on Article 8(j) and Related Provisions

• In order to assist with the preparation of
  documentation Parties, other governments,
  indigenous peoples and local communities, and
  other relevant organizations, are invited to
  provide submissions on the following issues by 30
  April 2009
• development of mechanisms, legislation or other
  appropriate initiatives to ensure (i) that
  indigenous and local communities obtain a fair
  and equitable share of benefits arising from the
  use and application of their knowledge,
  innovations and practices (ii) that private and
  public institutions interested in using such
  knowledge, practices and innovations obtain the
  prior informed approval of the indigenous and
  local communities (iii) advancement of the
  identification of the obligations of countries of
  origin, as well as Parties and Governments where
  such knowledge, innovations and practices and the
  associated genetic resources are used
• develop standards and guidelines for the
  reporting and prevention of unlawful
  appropriation of traditional knowledge
• to develop guidelines that will assist Parties
  and Governments in the development of legislation
  or other mechanisms, as appropriate, to implement
  Article 8(j) and its related provisions (which
  could include sui generis systems), and
  definitions of relevant key terms and concepts in
  Article 8(j) and related provisions at
  international, regional and national levels, that
  recognize, safeguard and fully guarantee the
  rights of indigenous and local communities over
  their traditional knowledge, innovations and
  practices
• the desirability and the potential elements of a
  strategy for conservation and sustainable use,
  including customary use, of biodiversity by
  indigenous and local communities aimed at
  empowering and strengthening
• to share their experience in the development,
  adoption or recognition of sui generis systems,
  and to submit to the Executive Secretary concise
  case-studies and other experiences

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Agenda item 3

• Mechanisms to promote the effective
  participation of indigenous and local communities
  in matters related to the objectives of Article
  8(j) and related provisions of the Convention on
  Biological Diversity

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World Intellectual Property Organisation

• 20 treaties on the registration, classification
  and protection of intellectual property
• Decision making bodies meet in Geneva in
  September/October of each year
• Intergovernmental Committee on Intellectual
  Property and Genetic Resources, Traditional
  Knowledge and Folklore

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Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional
Knowledge and Folklore

• Discussions on formats (additional meetings,
  working groups)
• Analysing gaps in legal framework
• Development of draft objectives and principles
  for the protection of traditional cultural
  expressions and knowledge

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UNESCO World Heritage Convention

• Protection of sites of outstanding universal
  value
• Annual meeting of the World Heritage Committee
• Task force on climate change
• Idea of a World Heritage Indigenous Peoples
  Council of Experts

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