COP16: UN Biodiversity Conference was a victory for Indigenous Peoples and their role as indispensable protectors of the diversity of life on Earth
COP16 (UN Biodiversity Conference) resulted in a historic decision for Indigenous Peoples and their rights, marking an important step on the way to recognizing them and their invaluable knowledge of ecosystems.
COP16, which just recently took place in Cali, Colombia, under the UN Convention on Biological Diversity (UNCBD) not only brought with it defeats but also victories.
Geopolitical tensions filled the air and there were major snags during the negotiations, mainly related to the mobilization of resources, and who should actually pay for the protection of the planet’s remaining biological diversity, which is disappearing from the Earth at a rate unprecedented in the history on humankind.
The discussions at COP16 ended up dragging on and were abruptly suspended due to a lack of quorum after 12 hours of intense negotiations on 2 November at around 08:30 local time. The conference thus ended without an agreement on key elements such as a strategy for the mobilization of resources and on mechanisms crucial to implement the global biodiversity agreement under the UNCBD, the Kunming-Montreal Global Biodiversity Framework (KMGBF), adopted at COP15 in Montreal, Canada in 2022
It is not yet clear when the negotiations will resume.
While the abrupt end to the negotiations can be considered by some as a defeat for the summit, major victories were also clinched, especially for Indigenous Peoples.
These victories built upon the recognition Indigenous Peoples received in 2022 at COP15 in the KMGBF and the crucial role Indigenous Peoples play as stewards and protectors of biodiversity.
The main objective of the KMGBF is to ensure that the global loss of biodiversity is halted and reversed by 2030. Indigenous Peoples play a critical role in this objective and in the conservation and protection of healthy and resilient ecosystems. They manage and protect large parts of the Earth’s biodiversity through their sustainable lifestyles and Indigenous knowledge, often passed down through many generations.
In addition, Article 8(j) of the UNCBD text obligates countries to respect and preserve the knowledge of Indigenous Peoples, their innovations and practices, that are related to the conservation and sustainable use of biological diversity.
For Indigenous Peoples, two topics on the agenda at COP16 were particularly crucial to secure.
COP16 was historic
The most important item on the agenda for Indigenous Peoples at COP16 was whether the Working Group on Article 8(j), established in 1998, would be set up as a permanent subsidiary body on Article 8(j) and related provisions equal to the other two subsidiary bodies that permanently advise the UNCBD on implementation and scientific, technical and technological matters.
During the final plenary on the evening of 1 November, the historic decision was made, and the permanent subsidiary body to the Convention was adopted.
This constitutes a significant victory for Indigenous Peoples. The subsidiary body must ensure their full and effective involvement and participation in the processes under the UNCBD and emphasizes how critical Indigenous Peoples, their knowledge, cultures and ways of life are to the conservation of biodiversity.
The subsidiary body will work with the implementation of the KMGBF and Article 8(j), the rights of Indigenous Peoples, and involve them in future decisions about the protection of biodiversity.
The adoption of this agenda item was not easy and there was drama right up to the end, but through support – from the EU in particular, including Denmark – the body was adopted.
The other important issue on the agenda for Indigenous Peoples that was also adopted was a new Programme of Work on Article 8(j).
The objective of the new Programme of Work is to ensure the full and effective participation of Indigenous Peoples as well as ensure that countries employ a human rights-based approach in their work implementing Article 8(j) and the KMGBF. This includes the rights of Indigenous Peoples in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
Indigenous Peoples harness new opportunities
These two COP16 decisions mark an important step towards recognizing Indigenous Peoples and the invaluable contributions of their knowledge and ways of life to the protection of biodiversity.
In many places around the world, Indigenous Peoples still experience severe violations of their rights, also by initiatives that have been put in place to protect biodiversity.
The new subsidiary body provides Indigenous Peoples with a platform that will amplify their voice at the negotiating table and will demand, with renewed vigor, respect and recognition of their rights and role as ancestral protectors of indispensable and irreplaceable ecosystems.
This will hopefully also increase the pressure on many of the countries that still do not respect or recognize the rights of Indigenous Peoples.
The adoption of the permanent subsidiary body has required enormous, long-term and persistent work by Indigenous Peoples.
Photo: Wampis Nation, Peru. Credit: Pablo Lasansky / IWGIA
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