Activity 6: Involve stakeholders and indigenous and local communities

Below are the global and regional obligations in this activity:
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Component 1: Establish mechanisms to involve stakeholders and indigenous and local communities (general)

Directly relevant obligations and commitments

  • Implement national procedures that facilitate the involvement of all relevant stakeholders from the community to the government level, aiming at simplicity and clarity: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 1
  • Make appropriate consultative arrangements to facilitate the involvement of relevant stakeholders, including indigenous and local communities, such as national consultative committees, comprising relevant stakeholder representatives: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 2
  • Consult relevant stakeholders and take their views into consideration in each step of the process, including when determining access, negotiating and implementing mutually agreed terms, and in the sharing of benefits: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 3
  • Involve relevant stakeholders, in particular, indigenous and local communities, in the various stages of development and implementation of ABS arrangements, to facilitate the monitoring of compliance: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 4
  • Providing countries: Establish mechanisms to ensure that decisions are made available to relevant stakeholders and indigenous and local communities: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 5
  • Put in place mechanisms to ensure fair and equitable benefit-sharing at the national level with relevant stakeholders and indigenous and local communities: CBD Decision VII/19, E.5 SEE COMMENTARY 6
Component 2: Involve stakeholders in the development of legislation and policy measures

Directly relevant obligations and commitments

  • Consult relevant stakeholders and take their views into consideration in each step of the process, including in the development of a national strategy, policies or regimes on ABS: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 7
  • Explore and develop, in collaboration with relevant stakeholders, guidelines and practices to ensure mutual benefits to providers and users of access measures and to implement them effectively at the national, regional or international level, as appropriate: CBD Decision III/15, 5
  • Develop appropriate mechanisms, guidelines, legislation or other initiatives to foster and promote the effective participation of indigenous and local communities in decision-making, policy planning and development and implementation of the conservation and sustainable use of biological diversity at international, regional, subregional, national and local levels, including ABS and the designation and management of protected areas, taking into account the ecosystem approach : CBD Decision V/16, 3 and CBD Decision V/16, Annex (Programme of work on the implementation of article 8(j) and related provisions of the CBD) SEE COMMENTARY 8
  • Organize an appropriate national clearing-house mechanism steering committee or working group composed of multisectoral and interdisciplinary representatives, to achieve broad participation of different stakeholders in the implementation process of the clearing-house mechanism: CBD Decision IV/2, 3
  • Provide for the full and effective involvement and participation of indigenous and local communities and all relevant stakeholders in the development and implementation of national capacity-building plans and strategies referring to ABS of genetic resources and related traditional knowledge: CBD Decision VII/19, F.4
Component 3: Involve and assist indigenous and local communities in the elaboration and negotiation of an international regime

Directly relevant obligations and commitments

  • Provide the ways and means to allow for sufficient preparation and to facilitate effective participation of indigenous and local communities in the process of the negotiation and elaboration of an international regime: CBD Decision VII/19.D.6
  • Assist and participate in initiatives of indigenous and local communities which, in the absence of any legal mechanisms for the protection of traditional knowledge, innovations and practices, define their own protocols for access to and use of traditional knowledge in impact assessment procedures: CBD Decision VI/10, 12 and CBD Decision VI/10, Annex II (Recommendations for the conduct of cultural, environmental and social impact assessments regarding developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities)

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Author Commentary 1

This refers to provision 30 of the Bonn Guidelines.

Author Commentary 2

This refers to provision 19 of the Bonn Guidelines.

Author Commentary 3

This refers to provision 18(a) of the Bonn Guidelines.

Author Commentary 4

This refers to provision 56 of the Bonn Guidelines.

Author Commentary 5

This refers to provision 16(a)(vi) of the Bonn Guidelines.

Author Commentary 6

Section E of CBD Decision VII/19 is entitled “Measures, including consideration of their feasibility, practicality and costs, to support compliance with prior informed consent of the Contracting Party providing genetic resources and mutually agreed terms on which access was granted in Contracting Parties with users of such resources under their jurisdiction”.

Author Commentary 7

This refers to provision 18(b) of the Bonn Guidelines.

Author Commentary 8

This refers to Task 2 under Section II, Element 1 of the Programme of work on the implementation of article 8(j) and related provisions of the CBD