Thursday, May 29, 2008

IIFB statement on Access and Benefit Sharing

Statement of IIFB on Access and Benefit Sharing for COP 9

Thank you Mr. Co-Chairs,

For allowing the IIFB to address the issue of ABS, which – as you are aware – is of great relevance to indigenous peoples. A substantial part of the subject matter being discussed originates from indigenous territories. We reaffirm our right to GR and associated TK in accordance with our right to self-determination. The international regime will directly impact on indigenous peoples’ lives. Key decisions on the road map forward as well as on material issues can be expected to be made at COP 9. Consequently, we humbly call on you Mr. Co-Chairs – as you have done in previous ABS WGs – to allow for the effective participation of indigenous peoples in all negotiations during this conference, including in informal consultation groups, contact groups and other informal settings, in accordance with Decisions VII/19 D and VIII/5 C.

Mr. Co-Chairs,

The IIFB is encouraged by the progress made at ABS WG 6, and we stand ready to accelerate the negotiations on an international regime in order to finalize the deliberations by 2010, based on the Annex coming out of the ABS WG 6. We do believe that the Annex can serve as a basis for further discussions. That said, certain elements are not yet reflected in the Annex which are essential in order to enable indigenous peoples to support the International Regime. Indigenous peoples are deeply concerned that lately, discussions on our rights and interests have been restricted solely to the question of TK. This approach fails to recognize that TK, and indigenous rights, are cross cutting issues relevant to all aspects of the ABS-regime due to the interrelation between TK and GR.

- We find Section D “Traditional Knowledge” in the “Main Components” part promising, as we see emerging consensus that indigenous peoples’ TK can only be accessed subject to our FPIC in accordance with our legal systems and with respect for our rights. However, any international regime must, to be acceptable to indigenous peoples, also recognize our rights to genetic resources.

- In the same vein, we reiterate that any reference in the international regime to state sovereignty over natural resources must include a confirmation that the exercise of state sovereignty is subject to human rights of indigenous peoples pertaining to GR and TK.

- Both Section A “Benefit Sharing” and Section B “Access” in the Main Components lack references to the FPIC of indigenous peoples. Any international regime must include language that affirms that indigenous peoples GR and TK can only be accessed after FPIC of indigenous peoples has been obtained, and that only then can benefit-sharing arrangements occur.

Mr. Co-Chairs,

Indigenous peoples participate in the ABS-process with the ambition that agreement will be reached on a strong and adequate international regime, respecting and ensuring compliance with the minimum standards just mentioned as also enshrined in the UN Declaration on the Rights of Indigenous Peoples and other relevant human rights standards. As a consequence of these developments within international law, the international regime must also distinguish between indigenous peoples and local communities, and can no longer use the collective and term indigenous and local communities, which is now incorrect under international law. We are committed to cooperate with you Mr. Co-Chairs to the best of our ability, to meet that end.

Thank you.