Convention on Biological Diversity

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The Convention on Biological Diversity Updated May 2006 The UN Convention on Biological Diversity (CBD) was finally negotiated at the Earth Summit in Rio de Janeiro in 1992. To date, well over a hundred countries have ratified it. The CBD sets out the states' obligations to protect and sustainably use their biological diversity. Some of its articles deal with issues of particular relevance to indigenous peoples' rights, so the processes surrounding it are becoming an increasingly important arena for indigenous peoples' struggle for the promotion and protection of their rights at the international level. Below you will find more information about the following issues related to the CBD: The Convention on Biological Diversity The Conference of Parties Article 8(j) and related provisions Working Groups More information		Wichí-Chorote-Toba, Argentina Photo: Alejandro Parellada Yamal Nenets, Russia Photo: Kathrin Wessendorf


The Convention on Biological Diversity Drafting of the Convention on Biological Diversity (CBD) was initiated in the late 1980s and finalised at the 1992 Rio Earth Summit where it was signed by 150 government leaders. The Convention recognizes that biological diversity is about more than plants, animals and micro organisms and their ecosystems – it is about people and our need for food security, medicines, fresh air and water, shelter, and a clean and healthy environment in which to live. The Convention is a practical tool for translating the principles of Agenda 21 into reality. It deals with the conservation and sustainable use of biodiversity, and with access to biological diversity and sharing of the benefits arising from this access. The Convention also sets out the obligations of States to protect and sustainably utilise their biological diversity but makes explicitly clear that States have full sovereignty over such resources. It encourages the development of national policies, plans and legal regimes designed to protect a country's genetic heritage as well as the exploitation of biotechnologies. Among others, areas of the Convention that are of particular importance to indigenous peoples include article 8(j) on traditional knowledge of indigenous and local communities, article 10(c) on customary sustainable use, and article 15 on access and sharing of the benefits arising out of the utilization of genetic resources. The Convention has developed programmes of work on such important issues as protected areas or the protection of traditional knowledge.	Samburu, Kenya Photo: Diana Vinding Khwe, Botswana Photo: Christian Erni

The Conference of Parties The CBD's decision-making body, the Conference of Parties (COP) meets every other year and, between the sessions, working groups and other subsidiary bodies dealing with its different articles and programmes of work meet to prepare input for the coming COPs. Indigenous peoples coordinate their work on the Convention through the International Indigenous Forum on Biodiversity (IIFB). You can access more information about the COP meetings and the documents and decisions taken here.		Hmong, Vietnam Photo: Christian Erni

Article 8(j) and related provisions Article 8(j) deals with traditional knowledge, i.e. the knowledge, innovations and practices of indigenous and local communities around the world. The Article states that "Each contracting Party shall, as far as possible and as appropriate Subject to 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". The international community has recognized the close and traditional dependence of many indigenous and local communities on biological resources, notably in the preamble to the Convention on Biological Diversity, which has been ratified by 178 countries. 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 fundamental objectives of the Convention. Many Governments are now in the process of implementing Article 8(j) of the Convention through their national biodiversity action plans, strategies and programmes. A number of Governments have adopted specific laws, policies and administrative arrangements for protecting traditional knowledge, emphasizing that the prior informed consent of knowledge-holders must be attained before their knowledge can be used by others. The CBD also contains three other provisions besides Article 8(j), which deal with the interests of indigenous and local communities. These include Article 10(c) (deals with customary sustainable use), Article 15 (deals with access and sharing of the benefits arising out of the utilization of genetic resources) and Article 17 (deals with exchange of information). Read more about the Articles here.		Mien, Laos Photo: Christian Erni Ashaninka, Peru Photo: Alejandro Parellada Venezuela Photo: Pablo Lasansky

Working Groups The Working Group on Article 8(j) and related provisions The Conference of the Parties has established a working group specifically to, address the implementation of Article 8(j) and related provisions of the Convention. This working group is open to all Parties, and, indigenous and local communities representatives play a full and active role in its work. Among the tasks of the Working Group is the elaboration of a number of sets of guidelines, including: Guidelines for the development of mechanisms, legislation or other initiatives to ensure benefit-sharing and prior informed consent Standards and guidelines for the reporting and prevention of unlawful appropriation of traditional knowledge and related genetic resources Read more about the background and work of the Working Group here. The Working Group on Access and Benefit Sharing At its fifth meeting, in May 2000, The COP also decided to establish an Ad Hoc Open-ended Working Group, composed of representatives, including experts, nominated by Governments and regional economic integration organisations, with the mandate to develop guidelines and other approaches for submission to the Conference of the Parties. Read more about the work of the Working Group here. The Working Group on Protected Areas The programme and working group on protected areas (WGPA) were adopted at COP7. The work programme includes very interesting aspects from an indigenous point of view as it not only generally accepts the need to recognise and respect indigenous rights when establishing and managing protected areas but also includes a whole area of work related to governance and participation in which concrete objectives and activities are defined in support of full participation and in support of a model of community conservation of protected areas that has been proposed as an alternative to the old model of exclusion and expulsion, still in place in many parts of the world and which has given rise to flagrant violations of indigenous peoples' human rights. Read more about the work of the Working Group here.		Oraon, India Photo: Christian Erni Bontoc, Philippines Photo: Christian Erni Khwe, Botswana Photo: Christian Erni

More information IWGIA's yearbook The Indigenous World has coverage of the developments in relation to Article 8 (j) and related provisions, Access and Benefit Sharing and the Conference of Party (COP) meetings. Click here to download The Indigenous World (click on PART II – INTERNATIONAL PROCESSES). You can find various kind of information related to the CBD on the CBD Secretariat's website: www.biodiv.org Visit the website of The International Indigenous Forum on Biodiversity: www.iifb.net as well as the website of The International Alliance of Indigenous and Tribal Peoples of the Tropical Forests: www.international-alliance.org/cbd.htm		Maasai, Kenya Photo: Jenneke Arens