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

15-19 October 2007
Montreal, Canada

Highlights from Friday, 19 October


Delegates to the fifth meeting of the Article 8(j) Working Group met in plenary and adopted recommendations to COP 9 on: indicators for traditional knowledge (TK); the progress report on implementation of the Article 8(j) work programme; the composite report on the status and trends of (TK); the TK action plan; recommendations of the UN Permanent Forum on Indigenous Issues; elements for the development of sui generis systems for TK protection; and an ethical code of conduct.
Delegates did not reach agreement on a recommendation on inputs by the Article 8(j) WG to the negotiation of an international regime on access and benefit-sharing. The meeting was gaveled to a close at 7:58 pm.
Photo: CBD Executive Secretary Ahmed Djoghlaf with Working Group Chair Fernando Coimbra

Sub-Working Group I


Duncan Mumba Musama, Zambia (left), noted that the whole plan of action is about the retention of TK. Teresa Dolores Cruz Sardinãs, Cuba (right), suggested either talking of protected areas in general, or specifying the different types of areas.

Mariana Yumbay Yallico, Fundacion Tinku, Ecuador (right)
Sub-Working Group II
The dais during SWG II
On sui generis systems, Chaweewan Hutacharern, Thailand (right), suggested requesting the Executive Secretary to update the draft guidelines for sui generis systems for TK protection and to report to the Article 8(j) WG 6.

Stressing the need to address misappropriation of knowledge, Gurdial Singh Nijar, Malaysia, for the LMMCs (left), described continued work on sui generis systems and on an international ABS regime as two tracks that can complement each other. James Seyani, Malawi, for the African Group (center), called on delegates to agree on language from COP 7 regarding misuse and misappropriation of knowledge. Karen Tan, Australia (right), asked to keep references to PIC and MAT in brackets.

Closing Plenary
CBD Executive Secretary Ahmed Djoghlaf with Working Group Chair Fernando Coimbra, during the closing plenary.
SWG I Co-Chair Deon Alexander Stewart, Bahamas (left), presents the SWG's recommendations to Plenary. SWG II Co-Chair Nicola Breier, Germany (right), presents the SWG's recommendations to Plenary.
Regarding the proposed recommendation on ABS, Jorge B. Riaboi, Argentina (left), underscored the importance of mentioning PIC. ABS Contact Group Co-Chair Carlos Novella, Germany (right), reporting on results of the contact group, said that some of the differences were irreconcilable.
EU delegates consulting on text (left). Le'a Malia Kanehe, Indigenous Peoples Council on Biocolonialism (center), speaking for the International Indigenous Forum on Biodiversity, intervening on the ABS text forwarded from the SWG. Elpidio Peria, Philippines (right), suggested annexing a compilation of the range of proposals made on ABS and forwarding it to ABS 6.
Ann Daniels, Canada, noting the fact that consensus could not be reached on ABS, said nothing on ABS from this working group should be forwarded to ABS 6.
Delegates from Australia, Canada and New Zealand discussing the work of the ABS contact group (left). Matthias Buck, EU, with David Dutton, Australia, who said the ABS document should not be adopted by plenary (right).
ABS Contact Group Co-Chair Juanita Chaves (left) hoped the situation would not become a difficult one, but rather that goodwill to reach a position would be maintained. Simon Rae, New Zealand (center), said that it was unfortunate that consensus was not achievable. David Hafashimana, Uganda (right), noted that some progress had been made on certain points but that the group could not agree on a number of fundamental issues.

The Indigenous Women's Biodiversity Network (left) raised concern that some CBD parties do not recognize the rights of indigenous peoples in their territories. Noting that past experience had shown that voluntary guidelines are not implemented, she called for a strong sui generis system for TK protection. Stressing their role in TK preservation, the Indigenous Youth representative (right) called for capacity building and training for indigenous participation in the negotiation of the international ABS regime.


Underlining the sense of family and cooperation that had guided ABS 5 and Article 8(j) 5 and stressing unprecedented participation by indigenous groups, CBD Executive Secretary Ahmed Djoghlaf (left) called on participants to continue working towards negotiating an international ABS regime and the implementation of Article 8(j). Gina Malia Sui Lin Nobrega, speaking for the International Indigenous Biodiversity Forum (center), said that those countries that did not vote in favor of the UN Declaration on the Rights of Indigenous Peoples sought to undermine past COP decisions. Working Group Chair Fernando Coimbra (right) thanked all participants for their collaboration and contributions during the week and gaveled the meeting to a close at 7:58 pm.

Contact Group: Access and Benefit-sharing
Delegates from New Zealand, the EU, Uganda, Malaysia and Brazil during the contact group meeting (left). Contact Group Co-Chairs Carlos Novella, Germany, and Juanita Chaves, Colombia, and Valerie Normand, CBD Secretariat (right).


Miscellaneous Photos
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15 October - 16 October - 17 October
- 18 October - 19 October

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