Indigenous Voices Bulletin 7

Host Government Delegates Support IPs Struggle to Save Biodiversity

Contribute by Ibrahim NJOBDI

The Federal Minister of Economic Cooperation and Development and the Federal Minister of Environment Nature Conservation and Nuclear Safety, Government of Germany express the will to assist Indigenous Peoples and Local Communities (ILC) struggle to protect Biodiversity. The Ministers support the ILC struggles in two separate meetings with the representatives of ILC at Maritim Hotel, Bonn yesterday.

The Ministers promised to lobby the government and other stakeholders and consider the problems in policy making. Development Cooperation Terms with the governments of Developing Countries will be re-emphasis, according to the Ministers.

ILC representatives briefed the Ministers on the ground alarming loss of biodiversity and the emanating problems. The Minister of Economic Cooperation and Development promises to consider supporting ILC’s seminars and workshops to restitute CBD process and implementation.

She says, “We can’t deny governments to allow extractive industries but their role is to make sure a transparent process.”

The Minister supports Britain’s position to include the issue of ‘Climate Change’ as agenda in the United Nations’ Security Council. She further stresses that agro-fuels has no place at this time of food crisis. She adds that the production of food is to feed millions of hungry people in the world and not for machines and engines.

The Minister of Environment Nature Conservation and Nuclear Safety pointed out that the Convention on Biological Diversity is the only international binding instrument where ILC exercise their rights and urges the ILC to utilize this opportunity to maximum, in his response to the call of the ILC to insure the inclusion of ILC in environmental projects or make a precondition for bilateral aid to governments.

He, however, regretted those sixteen years after its signing, the Convention’s full implementation is still a dream. The Minister opined that biodiversity will be protected if the overuse of nature is made more expensive than saving it and every individual have a moral responsibility to the conservation of biodiversity.

The Informal Contact Group on Article 8(j) has Finally Concluded

Contribute by Gam Shimray

The IIFB since its preparatory days in COP9 was skeptical of the negotiations that were to follow at the CBD. This has to do with the experience and outcome of the last Working Group on Art. 8(j). Both the Parties and the Indigenous Peoples (IPs) had complained of the unproductive meeting of the above but had different reasons to their justifications. IPs reasoned that it is because of ‘lack of political will’ and the politics of negotiation at the ABS on the International Regime spilled into the AHWG on 8(j), but of course, Parties have totally a different explanation to this. This was worrisome to the IIFB for it meant that the negotiations would not take place without prejudice.

Given this background, the IIFB and the Thematic Working Group on Art. 8(j) had three primary objectives at the COP9 negotiations. First, it was to secure the future work of 8(j) so that the AHWG continues and is not abundant. Secondly, it was to secure the important tasks of 8(j) for the next AHWG with a clear objective. Thirdly, it was to revitalize and bring back the foundational role that 8(j) plays in the participation of IPs at CBD and its crucial role in other thematic areas, especially on TK related negotiation within the International Regime.

As the negotiation began, it was not surprising that the IIFB’s 8(j) group were up against closed minds. But the IIFB were not ready to just cave-in without a fight. There was a long recess after the second Informal Group. However, it was not a break for any of the IIFB members. Lobby and reasoning with the Governments on one to one basis were pursued for days before the third Informal Group was reconvened. Positions remained stiff and were offered worthless words of compromises. However, the Latin American Governments came to the rescue. They stood by the IIFB and supported the voices of the IPs firmly. It was in this context that Governments began to bend and agreed to negotiate on compromised text and positions in a meaningful manner. What followed was convening of Friends of the Chair and bilateral negotiations. When flexibility became the basis of the negotiations, the Co-chairs were able to find the difficult path to ‘consensuses. The Informal Group was able to conclude in its fourth meeting with a document that was acceptable to the IPs as well.

The above objectives outlined by the IIFB finally seem to be secured to some extend. Further, the threat that convening of the future AHWG 8(j) meeting would be taken out of the core budget of the CBD has been dealt with, and now it remains as it was. With its funding secured and many tasks of priority being identified, it is implicit that both the IPs and Governments have plenty of serious homework to do for the realization of the decisions that would be adopted sometime tomorrow at the plenary.

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.

IWBN statement for COP 9

Indigenous Women’s Biodiversity Network [IWBN] Statement
For COP 9, Bonn Germany
May 28, 2008
Indigenous women are food producers, providers and guardians of the gene pools of food crops for future generations. In our daily interaction with nature, we have developed a profound understanding of different ecosystems. Keeping the balance has been our way of life. Therefore, Empowering Indigenous women is an important prerequisite for environmental and poverty eradication.
However, as indigenous women, we are continually being marginalized at local, national, regional and international levels. Parties at this COP meeting have contributed to this marginalization by failing to support the Gender Plan of Action. We see the formalization of this document as instrumental to the full and effective participation of women, especially indigenous women, to all aspects and work of the CBD.
We want to remind parties that they have established in the preambular to the CBD, the “vital role that women play in the conservation and sustainable use of biological diversity and affirming the need for full participation of women at all levels of policy making and implementation for biological diversity conservation”.
Therefore, Indigenous women call on parties to take note and to act on the following items:
That Climate Change is a serious threat for indigenous women’s food security and food sovereignty. We want parties to say no to false solutions to climate change such as REDD and CDM.
· Indigenous women do not want the establishment of any new national protected areas on indigenous lands and territories until our lands, territories and resources are fully recognized and respected. We call on parties to stop the encroachment of protected areas into our territories.
· Indigenous women experience marginalization in terms of heavy workload in harsh and impoverished situation. We want parties to put the Gender Plan of Action as a priority and allocate resources for its implementation and to ensure the full and effective participation and capacity building of indigenous women.
· We reiterate that Traditional Knowledge is fundamental to indigenous women and to the success of the Convention. We strongly support the renewed focus on the completion of concrete items such as the elements of sui generis systems, so that TK is protected and transmitted to our children.
· With the entry of development projects such as: mining; mega dams; logging and gas pipelines, they result in conflicts, such as prostitution; militarization; HIV Aids; rape; domestic violence; forced migration and drug addiction that directly affect women and biodiversity. We therefore, demand parties that for any development projects undertaken on our territories, free and prior informed consent must be obtained.
Finally, indigenous women believe in biodiversity use, protection and conservation for the people by the people. Thus, it is crucial that the Gender Plan of Action is adopted by parties and treated as a priority and resources are allocated for its implementation.