Intervention by World Conservation Union and the Center for International Environmental Law with Respect to Contractual Clauses on the Access to Genetic Resources and Traditional knowledge

February 2002

Thank you Mr. Chairman for allowing IUCN - the World Conservation Union and CIEL, the Center for International Environmental Law, Europe (CIEL) to take the floor.

Regardless of the form and reach that norms and principles that guide the establishment of contracts on the access to genetic resources and associated traditional knowledge might take, we think that it is fundamentally important that the members of this Committee and WIPO consider the following issues:

• That the genetic resources are only a small part of the goods and services provided by ecosystems and biological diversity

• That the existence and availability of genetic resources is closely tied to the conservation of biological diversity and the supporting ecosystems.

• That the conservation, maintenance and production of biological diversity and of genetic resources depend predominantly on indigenous peoples and local communities, which use, maintain and recreate these resources.

• That indigenous peoples and local communities are not only the custodians of the resources mentioned and holders of the associated traditional knowledge, but especially and foremost, holders of rights contained in international instruments, such as ILO Convention 169 and in national constitutions and other legal frameworks.

• That existing patent systems and the recognition of intellectual property rights do not necessarily guarantee the conservation of biological diversity or the protection of the rights of indigenous peoples and local communities.

As a consequence, we recommend the Committee that:

• Model clauses and/or normative frameworks on the access to and the use of genetic resources and traditional knowledge should consider the costs, policies and strategies for the conservation of biological diversity and its ecosystems.

• Model clauses and/or normative frameworks should recognise and respect the rights of indigenous peoples and local communities

• Model clauses and/or normative frameworks should take into consideration the customary law and practices of indigenous peoples and local communities

• Prepare studies that allow to identify principles from the customary law and practices of indigenous peoples and local communities that might be applicable to the discussion of this Committee

• Take into consideration the practice and models of contracts for access and licenses on traditional knowledge which are used at the regional, national and local levels, especially by those countries and societies that are rich in biodiversity.

• Support and foster technically and financially the active and informed participation in these debates of all stakeholders, in particular, indigenous peoples and local communities

Thank you Mr. Chairman