The Indigenous World 2024: Convention on Biological Diversity (CBD)
The Convention on Biological Diversity (CBD) is an international treaty under the UN, adopted in 1992. The CBD has three objectives: to conserve biodiversity, promote its sustainable use, and ensure the equitable sharing of the benefits arising from its utilization (Art. 1). The CBD recognizes the importance of traditional knowledge (Art. 8j) and customary sustainable use of biological resources (Art. 10c) for the achievement of its objectives.
The CBD has developed programmes of work on thematic issues such as marine, agricultural and forest biodiversity, and on cross-cutting issues such as traditional knowledge, access to genetic resources, and protected areas. All the programmes of work have a direct impact on Indigenous Peoples’ rights and territories.
The International Indigenous Forum on Biodiversity (IIFB) was established in 1996 during the Conference of the Parties (COP 3) as the Indigenous Peoples’ caucus in the CBD processes. Since then, the IIFB has worked as a coordination mechanism to facilitate Indigenous participation in, and advocacy at, the CBD through preparatory meetings, capacity-building activities and other interventions. The IIFB has managed to get many of the CBD’s programmes of work to consider Indigenous Peoples’ traditional knowledge, as well as their customary use of biodiversity and effective participation. The IIFB has also been active in negotiations regarding access to genetic resources in order to defend the fundamental rights of Indigenous Peoples that should be included therein.
In 2010, the 10th meeting of the Conference of the Parties (COP 10) adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity and the Strategic Plan for Biodiversity 2011-2020. This includes 20 Aichi Biodiversity Targets. None of these were met.
As reported in the Indigenous World 2023,[1] the 15th Conference of the Parties (COP 15) to the CBD in Montreal 2022 adopted the Kunming-Montreal Global Biodiversity Framework (KMGBF).
The KMGBF, a product of extensive international negotiations and a consensus on the urgent need to address the escalating biodiversity crisis, set out a roadmap for global action to 2050. Central to the KMGBF’s objectives was the development of comprehensive National Biodiversity Strategies and Action Plans (NBSAPs), tailored to reflect the unique ecological, socio-economic and cultural contexts of each participating country.
Decisions were also adopted on the Planning, Monitoring, Reporting and Review of the KMGBF[2] and the Monitoring Framework and Indicators to track its implementation.[3] A new programme of work on traditional knowledge, as well as institutional arrangements on Article 8(j) and other provisions of the CBD related to Indigenous Peoples and local communities, was produced for further development and consideration by the 12th meeting of WG8(j) in 2023.[4] These set the stage for the programme of work under the CBD throughout 2023.
2023 marked a pivotal phase in biodiversity conservation, with efforts geared towards the implementation of the KMGBF. Central to the implementation process was the establishment of robust mechanisms for monitoring, reporting, and reviewing progress. The monitoring mechanisms were designed to be transparent and inclusive, encouraging participation from all stakeholders, including governments, Indigenous Peoples and local communities, civil society, and the private sector.
The KMGBF includes the explicit inclusion of community-based monitoring systems. These systems leverage the local knowledge and expertise of Indigenous Peoples and local communities, recognizing their role as custodians of biodiversity. By integrating community-based data, the KMGBF gains a more granular and accurate understanding of biodiversity trends at the local level, which is crucial for informed decision-making and policy development.
Key relevance to Indigenous Peoples in the KMGBF
Key elements of the KMGBF for Indigenous Peoples were identified and shared in the Indigenous World 2023; however, it is worth highlighting the critical language in order to provide context for the work done in 2023:
The Framework acknowledges the important roles and contributions of Indigenous Peoples and local communities as custodians of biodiversity and partners in the conservation, restoration and sustainable use. Its implementation must ensure their rights, knowledge, including traditional knowledge associated with biodiversity, innovations, worldviews, values and practices of Indigenous Peoples and local communities are respected, documented, preserved with their free, prior and informed consent, including through their full and effective participation in decision-making, in accordance with relevant national legislation, international instruments, including the United Nations Declaration on the Rights of Indigenous Peoples, and human rights law. In this regard, nothing in this framework may be construed as diminishing or extinguishing the rights that Indigenous Peoples currently have or may acquire in the future.[5]
The KMGBF consists of four overarching goals and 23 targets. Several targets explicitly refer to human rights, particularly the collective rights of Indigenous Peoples and local communities.[6] Other targets point to topics of spatial planning, harvesting and use of wild species, respect for traditional territories, gender equality, participation in decision-making processes, and protection of environmental human rights defenders.[7]
There are, however, notable gaps in the KMGBF.[8] Despite the advances in human rights language, there is insufficient attention to the direct and indirect drivers of biodiversity loss and the KMGBF’s approach to regulating business impacts on biodiversity. Further, the KMGBF agreement relies heavily on its implementation at national and local levels. This includes the need for adequate resources, reform of harmful policies, and the empowerment of Indigenous Peoples and local communities. At this level, there is a battle for interpretation, and this can affect and challenge the recognition and realization of rights.
Advances in recognizing Indigenous Peoples and local communities’ contributions
The recognition of Indigenous Peoples and local communities as key actors in biodiversity conservation formed a cornerstone of the KMGBF, reflecting a paradigm shift in the way biodiversity conservation is approached globally. The Framework explicitly acknowledged Indigenous Peoples and local communities not just as stakeholders but as custodians and partners in the stewardship of biodiversity. This acknowledgement was rooted in the understanding that, through their traditional knowledge and sustainable practices, they have played a crucial role in maintaining ecological balance and conserving biodiversity.
In 2023, concerted efforts were made to ensure that the rights, knowledge, and practices of Indigenous Peoples and local communities were not only recognized but actively integrated into biodiversity conservation strategies. This included in decision-making processes and by incorporating their traditional ecological knowledge into conservation science and practice.
Furthermore, there was a growing emphasis on the legal and institutional recognition of Indigenous Peoples’ land and resource rights. Secure land tenure was increasingly seen as essential for effective biodiversity conservation as it provided Indigenous Peoples and local communities with the authority and tools to defend their territories.
Key events in 2023
New programme of work
A webinar took place on 7 March 2023 to clarify the rationale, objectives, and methodology of the approaching negotiations for the new programme of work, possible institutional arrangements, and their modus operandi for Indigenous Peoples and local communities. During the webinar, a summary of the decisions taken at COP 15 in relation to Indigenous Peoples and local communities was presented. It focused on the peer review process, opened a call for submissions by Parties and organizations, and created an Ad Hoc Technical Expert Group (AHTEG) on the new programme of work, institutional arrangements, and necessary next steps. In response to the call, the International Indigenous Forum on Biodiversity (IIFB) conducted an intensive process to gather views from Indigenous Peoples, including a series of meetings and consultations, leading to a collective submission.
From 11-13 July 2023, the Ad Hoc Technical Expert Group on the New Programme of Work and Institutional Arrangements on Article 8(j) and Other Provisions of the Convention Related to Indigenous Peoples and Local Communities met in Manaus, Brazil.[9] There they specifically noted the relevance of paragraph 7 (a) of section C of the KMGBF, focused on the contribution and rights of Indigenous Peoples and local communities, as well as Goal C, on access and benefit-sharing. They also addressed Targets 1, 2, 3, 5, 9, 10, 13, 19, 21, 22 and 23. Further, in relation to element 6, on the full and effective participation of Indigenous Peoples and local communities, they noted that the element was aimed at ensuring the active involvement of Indigenous Peoples and local communities in decision-making related to biodiversity and the comprehensive implementation of the entire KMGBF.
The expert group also set out a proposal to introduce two new elements into the programme of work, namely, a human rights-based approach and direct access to funding for biodiversity conservation on the part of Indigenous Peoples and local communities. Regarding the proposed new element on direct access to funding for biodiversity conservation, the expert group recommended tasks aimed at enhancing the role of collective actions, in particular by Indigenous Peoples and local communities.
Work on KMGBF monitoring framework and indicators
The first meeting of the Ad Hoc Technical Expert Group (AHTEG) on Indicators for the KMGBF[10] was held on 2 May 2023. It was decided that the AHTEG would offer advice on unresolved issues within the monitoring framework, such as headline indicators,[11] indicator disaggregation, binary indicator development, and the necessary questions to be included in national reporting.
Further the AHTEG was asked to guide the incorporation of indicators into the online reporting tool for national reporting and to provide direction on addressing temporal and spatial data gaps through big data, community-based monitoring, and other data forms. Lastly, the AHTEG would advise on capacity-building gaps and requirements.[12] This programme of work is of particular interest for Indigenous Peoples due to the integral component on community-based monitoring and the recognition of Indigenous Peoples and local communities.
Throughout 2023, the Ad Hoc Technical Expert Group (AHTEG) on Indicators met three additional times[13] to advance and refine its work on developing and reviewing indicators crucial for monitoring biodiversity targets. These meetings focused on enhancing the methodology for reviewing the metadata of headline indicators and identifying prospective binary indicators.[14] The AHTEG produced a revised list of global indicators derived from binary responses, which was provided to the 25th meeting of the SBSTTA for its consideration. In relation to Disaggregation and Inclusivity, the AHTEG identified 15 indicators that could potentially be disaggregated by Indigenous Peoples and local communities. The meeting also identified critical data gaps in the indicators.
The fourth and final AHTEG meeting in December, saw it prioritize the output of the Working Group on Article 8(j) (WG8(j)). In November 2023, WG8(j) had considered an analysis of the four traditional knowledge indicators and work on community-based information systems. Further, it had adopted recommendation 12/4[15] requesting the Executive Secretary to conduct an additional analysis of the four traditional knowledge indicators and community-based monitoring systems. A significant milestone in this collaboration was the recommendation for further analysis of traditional knowledge indicators and their integration into the broader indicator framework, particularly highlighting the potential linkage between traditional knowledge and binary indicators for specific targets on participation and data inclusivity.
Meeting of the Subsidiary Body on Scientific, Technical and Technological Advice
The 25th meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA-25) was held in Nairobi from 15-20 October 2023.[16] The meeting's outcomes, including decisions on the monitoring framework and thematic areas such as Invasive Alien Species (IAS) and Sustainable Wildlife Management, are pivotal for the continued advancement of biodiversity conservation.
SBSTTA-25 agreed to further develop the monitoring framework established in decision 15/5. Reports from the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) and the Intergovernmental Panel on Climate Change (IPCC) were discussed, with a particular focus on the findings of IPBES, including assessments of the IPCC's Sixth Assessment Report.[17] These reports underscored the interconnectedness of biodiversity, climate change, and human activity, including the impacts on and contributions of Indigenous Peoples.
SBSTTA-25 also endorsed voluntary guidance for IAS management based on the IPBES Thematic Assessment Report. IAS can significantly impact biodiversity and Indigenous territories, affecting traditional livelihoods and ecosystem services.
SBSTTA-25 also called for a comprehensive review of existing tools and guidance to support the KMGBF implementation. This review considers inputs from a broad range of stakeholders, including Indigenous Peoples. SBSTTA-25’s focus on developing practical, inclusive, and scientifically robust strategies for biodiversity conservation was a strong step forward in ensuring that the KMGBF underscores the importance of Indigenous Peoples' participation and recognition of their rights and knowledge in global biodiversity conservation efforts.
Geneva meetings
From 12-18 November 2023, in Geneva, Switzerland, the 12th meeting of the Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity and the First meeting of the Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources took place. Collectively known as the Geneva meetings, these events focused on the enhanced role and participation of Indigenous Peoples and local communities. The proceedings re-affirmed the role and participation of Indigenous Peoples and local communities in the work of the CBD, emphasized the knowledge management component of the KMGBF, and added elements related to the role of traditional knowledge and its relationship to science and other knowledge systems. Key to this discussion was the development of a multilateral mechanism for benefit-sharing from the use of Digital Sequence Information (DSI), which is significant for Indigenous Peoples and local communities as it involves aspects of their traditional knowledge. The discussions aimed to establish a fair, transparent, and inclusive mechanism for benefit-sharing.[18]
In a 13 November press conference,[19] the IIFB emphasized the historic agreement in the KMGBF to apply a human-rights based approach at every level of biodiversity conservation. This approach seeks to respect, recognize, and implement the rights and traditional knowledge of Indigenous Peoples and local communities in biodiversity efforts. The IIFB stressed the importance of putting Indigenous leadership at the centre of international, national, and local biodiversity conservation efforts, recognizing the critical role that Indigenous Peoples and local communities play in managing and protecting ecosystems.
There was also a focus on Target 3 of the KMGBF, which aims to protect 30% of the world's lands and waters by 2030, leading the IIFB to express its concern at the potential negative consequences, such as land grabbing or rights violations in the name of conservation. Emphasis was placed on ensuring that the implementation of this target honours the language on Indigenous and Traditional Territories and free, prior and informed consent. The IIFB highlighted the need for policies created at the international level to translate effectively to local levels. This point was illustrated by referencing the eviction of the Indigenous Ogiek Peoples from their ancestral home in Kenya, which contradicts the principles of the KMGBF. The IIFB called for the effective incorporation of traditional knowledge and Indigenous perspectives into the implementation of the KMGBF. This includes recognizing Indigenous territories as home to a significant portion of the world's biodiversity and valuing Indigenous traditional knowledge in conservation practices.
Despite progress during the Geneva meetings, the outcomes of the meeting highlighted challenges on the road toward COP 16 in 2024. Major documents up for review and discussion, including on the programme of work and institutional arrangements for Article 8(j) and other provisions of the Convention related to Indigenous Peoples and local communities, remained bracketed,[20] for negotiation and adoption or deletion, during COP 16.[21]
This article has been written by Joji Cariño, Senior Adviser, Forest Peoples Programme (FPP) and David Nathaniel Berger, Adviser, International Work Group for Indigenous Affairs (IWGIA).
This article is part of the 38th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here
Notes and references
[1] IWGIA. 2023. The Indigenous World 2023: Convention on Biological Diversity (CBD). https://www.iwgia.org/en/convention-on-biological-diversity-cbd/5147-iw-2023-cbd.html
[2] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/6. Mechanisms for planning, monitoring, reporting and review.” 19 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-06-en.pdf
[3] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/5. Monitoring framework for the Kunming-Montreal Global Biodiversity Framework.” 19 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-05-en.pdf
[4] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/10. Development of a new programme of work and institutional arrangements on Article 8(j) and other provisions of the Convention related to Indigenous Peoples and local communities.” 19 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-10-en.pdf
[5] Point 8 of Section C of the KMGBF.
[6] Tugendhat, H. Ferrari, M. 20 March 2023. “Unpacking the Kunming-Montreal Biodiversity Agreement: Identifying Key Advances and Making them Work.” https://www.forestpeoples.org/en/2023/unpacking-kunming-montreal-biodiversity-agreement
[7] For more, see: IWGIA. 2023. The Indigenous World 2023: Convention on Biological Diversity (CBD). https://www.iwgia.org/en/convention-on-biological-diversity-cbd/5147-iw-2023-cbd.html
[8] For more, see: IWGIA. 2023. The Indigenous World 2023: Convention on Biological Diversity (CBD). https://www.iwgia.org/en/convention-on-biological-diversity-cbd/5147-iw-2023-cbd.html
[9] Convention on Biological Diversity. 19 August 2023. CBD/A8J/AHTEG/2023/1/3. “Report of the Ad Hoc Technical Expert Group on the New Programme of Work and Institutional Arrangements on Article 8(j) and Other Provisions of the Convention Related to Indigenous Peoples and Local Communities.” https://www.cbd.int/meetings/A8J-AHTEG-2023-01
[10] The Ad Hoc Technical Expert Group on Indicators for the Kunming-Montreal Global Biodiversity Framework was established by the Conference of the Parties to the Convention on Biological Diversity through its decision 15/5 and its terms of reference are contained in the annex to that decision. The overall purpose of the Expert Group is to provide technical advice to allow the Conference of the Parties to finalize the monitoring framework at its 16th meeting.
[11] UN WCMC. “Glossary - Indicators for the Post 2020 Global Biodiversity Framework | Indicator Repository,” Indicator Repository, n.d., https://www.post-2020indicators.org/glossary
[12] Convention on Biological Diversity. 2 May 2023. CBD/IND/AHTEG/2023/1/3, “Report of the Ad Hoc Technical Expert Group on Indicators for the Kunming-Montreal Global Biodiversity Framework on its first meeting.” https://www.cbd.int/meetings/IND-AHTEG-2023-01
[13] Convention on Biological Diversity. 3-6 October 2023. CBD/IND/AHTEG/2023/3/2. “Report of the Ad Hoc Technical Expert Group on Indicators for the Kunming-Montreal Global Biodiversity Framework on its third meeting.” https://www.cbd.int/meetings/IND-AHTEG-2023-03
[14] The list of proposed global indicators derived from binary responses, along with proposed wording for the questions to be included in national reports for deriving the binary indicators, and guidance on their use, was developed by the subgroup, in consultation with other groups, such as the Informal Advisory Group on Technical and Scientific Cooperation.
[15] Convention on Biological Diversity. 12-16 November 2023. WG8J-12/4. “Joint programme of work on the links between biological and cultural diversity: review and update of the four adopted traditional knowledge indicators.” https://www.cbd.int/recommendations/wg8j/?m=wg8j-12
[16] Convention on Biological Diversity. 15 - 20 October 2023. CBD/SBSTTA/25/13. “Report of the Subsidiary Body on Scientific, Technical and Technological Advice on its twenty-fifth meeting.” https://www.cbd.int/meetings/SBSTTA-25
[17] Sixth assessment report — IPCC. (2023). IPCC. https://www.ipcc.ch/assessment-report/ar6/.
[18] Under the Convention on Biological Diversity, traditional knowledge, the innovations and practices of Indigenous Peoples and local communities, are central to meeting the objectives of the Convention, for the achievement of conservation, sustainable use, equitable sharing of benefits, the implementation of the Framework, and the three objectives of the Convention.
[19] International Indigenous Forum on Biodiversity (IIFB). 2023. “Press Conference with the International Indigenous Forum on Biodiversity (IIFB): Turning rights into reality: Advancing Indigenous Peoples and Local Communities’ Vital Role in Biodiversity Conservation” https://www.forestpeoples.org/index.php/en/2023/press-conference-IIFB-8j
[20] Not agreed on by the parties.
[21] Convention on Biological Diversity. 12-16 November. CBD/WG8J/REC/12/2 “Development of a new programme of work and institutional arrangements on Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities.” https://www.cbd.int/doc/recommendations/wg8j-12/wg8j-12-rec-02-en.pdf; Convention on Biological Diversity. 12-16 November. CBD/WG8J/12/7. “Recommendations from the Permanent Forum on Indigenous Issues pertaining to the Convention on Biological Diversity” https://www.cbd.int/doc/c/d071/0896/87467b09fab48d243674f1b0/wg8j-12-07-en.pdf
Tags: Global governance, Biodiversity, Conservation, International Processes
