CHM - ORTIndigenous and Local Communities (ILCs) are closely associated with biodiversity and contribute to its protection. The traditional knowledge possessed by indigenous and local communities about the potential uses of the biodiversity that surrounds them is an important basis for biodiversity conservation and sustainable use. It is an important resource, especially for the search for potentially useful genetic resources. This ancestral knowledge must be preserved and maintained.
Holders of traditional knowledge are key stakeholders in ABS agreements and initiatives. Article 8(j) of the CBD specifically addresses the preservation of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity. It also encourages the wider application of such knowledge, with the adoption and involvement of the holders of such knowledge, with the understanding that any benefits arising from the use of such traditional knowledge in relation to genetic resources will be shared.
In addition, the Nagoya Protocol reinforces Article 8(j) of the CBD by requiring Parties to take measures, where necessary, to ensure that benefits arising from the use of traditional knowledge associated with genetic resources and genetic resources held by indigenous and local communities (in accordance with national legislation on the established rights of indigenous and local communities to such genetic resources) are shared fairly and equitably with the indigenous and local communities holding such knowledge or genetic resources (Article 5). Similarly, Articles 6 and 7 of the Nagoya Protocol require Parties to take the necessary measures to ensure that the prior free, informed consent or consent and participation of ILCs is obtained (in accordance with national legislation) for access to genetic resources and traditional knowledge associated with genetic resources held by such ILCs.
Articles 13 and 15.1 of International Labour Organisation (ILO) Convention 169 specifically recognise the rights of indigenous and local communities to own, control and use their lands, territories and natural resources. These rights include the right to participate in the management and conservation of these resources[1] . Belgium will support initiatives that strengthen these rights.
Belgium participates in relevant international discussions and is involved in several processes related to traditional knowledge. Traditional knowledge, innovations and practices should be recognised in access and benefit-sharing agreements. The participation of representatives of indigenous and local communities in appropriate forums should be supported. Moreover, the preservation and sharing of traditional knowledge will be integrated into Belgian development cooperation or scientific cooperation projects targeting indigenous and local communities as key stakeholders.
The Flemish government deals with intangible heritage in its cultural policy. Local knowledge and practices related to biodiversity could also be included in this policy.
Regarding GMOs in agriculture covered by patents from multinationals, particular care should be taken to ensure that their use does not alter or eliminate traditional agricultural practices, which would lead to threats to biodiversity and society. Moreover, since transgenes can sometimes come from living organisms traditionally known for their interesting properties, a fair distribution of the benefits derived from these genes should be promoted.
● The CBD instrument At COP10, Parties to the Convention adopted the "Tkarihwaié:ri Code of Ethics to ensure respect for the cultural and intellectual heritage of indigenous and local communities relevant to the conservation and sustainable use of biological diversity". These voluntary guidelines aim to provide a collaborative framework to ensure the full participation of indigenous and local communities in assessing their cultural, environmental and social concerns and interests in relation to development projects that are taking place or likely to impact sacred sites and lands and waters traditionally inhabited or used by indigenous and local communities. Moreover, guidelines are provided on how to consider traditional knowledge, innovations and practices in impact assessment processes and promote the use of appropriate technologies. |
[1] The United Nations Declaration on the Rights of Indigenous Peoples (document A/61/L.67) was adopted on 13 September
| Global Targets | Degree of Alignment |
GBF-T13. Fair and equitable sharing of benefits from genetic resources, digital sequence information and associated traditional knowledge GBF-T13. Fair and equitable sharing of benefits from genetic resources, digital sequence information and associated traditional knowledgeTake effective legal, policy, administrative and capacity-building measures at all levels, as appropriate, to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources and from digital sequence information on genetic resources, as well as traditional knowledge associated with genetic resources, and facilitating appropriate access to genetic resources, and by 2030 facilitating a significant increase of the benefits shared, in accordance with applicable international access and benefit-sharing instruments. | High |
GBF-T22. Ensure participation, justice, and rights for indigenous peoples and local communities, women, youth persons with disabilities and environmental defenders GBF-T22. Ensure participation, justice, and rights for indigenous peoples and local communities, women, youth persons with disabilities and environmental defendersEnsure the full, equitable, inclusive, effective and gender-responsive representation and participation in decision-making, and access to justice and information related to biodiversity by indigenous peoples and local communities, respecting their cultures and their rights over lands, territories, resources, and traditional knowledge, as well as by women and girls, children and youth, and persons with disabilities and ensure the full protection of environmental human rights defenders. | High |