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Mar 15

IIFB- WG8j9- Declaration on the INFORMED CONSENT

WG8j9

Indigenous Peoples, we reaffirm our status as such, are the holders of traditional knowledge, based on the right of ownership of our ancestral territories, and thus access to traditional knowledge, they must follow the rules and principles based on customary laws.

Free Prior and Informed Consent (FPIC) should be binding, and further developed through the creation of a group of indigenous experts. According to the decisions and guidelines of several organizations of United Nations System, FPIC should be the principle established for access to traditional knowledge instead of PIC.

The granting of free and informed consent, does not involve negotiation or granting intellectual property rights to third party users and licenses for the use and access to traditional knowledge. The ownership of traditional knowledge is for indigenous peoples, who have guarded for millennia through their customary laws and through their own governments. In this sense, competition for granting prior informed consent must be deposited in the legitimate and traditional authorities.

 

As for the distribution of profits proposed guidelines should not be limited to Bon guide or the Annex of the Nagoya Protocol, but these must also include safeguards to their traditional land rights and resources. We emphasize that the right to fair and equitable sharing should also contemplate cultural and spiritual elements of indigenous peoples.

As misuse and repatriation of traditional knowledge, it must include the return of objects including our traditional knowledge and relevant information, also considering compensation, compensation and restoration for the misuse of traditional knowledge. Therefore, the development of bio-cultural community protocols and should include proper procedures based on uses and customs of indigenous peoples.

Capacity building is key to compliance with prior informed consent element, the fair and equitable sharing of benefits, and to prevent the misuse of traditional knowledge.