Persiapan mengikuti pertemuan internasional: contoh dari persiapan menuju Conference of the Parties (COP) dari Convention on Biological Diversity (Rio

Catatan Penyunting:
Untuk dapat mengetahui apa saja yang dibahas, dan bagaimana melakukan pembahasan di tingkat internasional, berikut ini cuplikan dari persiapan pertemuan yang berkenaan dengan ‘ethical code of conduct’ dalam lingkup ‘lingkungan hidup’. Ungkapan di antara tanda kurung ‘[‘ dan ‘]’ adalah pilihan yang diusulkan: AD HOC OPEN-ENDED INTER-SESSIONAL WORKING GROUP ON ARTICLE 8(j) AND RELATED PROVISIONS OF THE CONVENTION ON BIOLOGICAL DIVERSITY
Sixth meeting Montreal, 2-5 November 2009

REVISED DRAFT OF THE ELEMENTS OF AN ETHICAL CODE OF CONDUCT TO ENSURE RESPECT FOR THE CULTURAL AND INTELECTUAL HERITAGE OF INDIGENOUS AND LOCAL COMMUNITIES
Note by the Executive Secretary

INTRODUCTION
In accordance with decision IX/13 G of the Conference of the Parties, the Executive Secretary is circulating herewith, for the consideration of the Ad Hoc Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions, the draft of the elements of a code of ethical conduct to ensure respect for the cultural and intellectual heritage of indigenous and local communities relevant to the conservation and sustainable use of biological diversity. …
In paragraph 5 of decision IX/13 G, the Conference of the Parties requested the Working Group to further develop the draft elements of a code of ethical conduct and to submit them to the Conference of the Parties at its tenth meeting for its consideration and possible adoption. The Working Group may wish to consider the suggested recommendations contained below for submission to the tenth meeting of the Conference of the Parties. … …

Section 3 ETHICAL PRINCIPLES
5. [The following ethical principles apply to activities/interactions with indigenous and local communities, relevant to the conservation and sustainable use of biological diversity, including development and/or research proposed or being conducted on sacred sites, culturally significant sites [and lands and waters traditionally occupied or used by indigenous and local communities.]]
Option A
6. The ethical principles below are intended to [facilitate] [acknowledge] the rights of indigenous and local communities to enjoy, protect and pass on to future generations, their cultural and intellectual heritage [relevant for the conservation and sustainable use of biodiversity] and it is according to these principles that others should engage with indigenous and local communities. Option B
6. The ethical principles below are intended to [facilitate] [acknowledge] the overarching principle, that indigenous and local communities have the right to enjoy, protect and pass on to future generations, their cultural and intellectual heritage [relevant for the conservation and sustainable use of biodiversity] and it is according to these principles that others should engage with indigenous and local communities.
Option C
6. The ethical principles below suggest the over-arching principle, that indigenous and local community members [are entitled to] to enjoy their culture 6/ and this implies the ability to, if they so desire, pass on their culture [relevant for the conservation and sustainable use of biodiversity] to future generations, and it is on this basis that others are encouraged to engage with indigenous and local communities. … …


Ada lima (5) prinsip yang dirumuskan untuk dibahas, yaitu:





(1) Respect for existing settlements
7. This principle recognizes the [predominance and] importance of mutually agreed settlements or agreements at national level which exists in many countries and that respect must be applied to such arrangements at all times.
(2) Intellectual property
8. Community and individual concerns over, and claims to, intellectual property relevant to traditional knowledge, innovations and practices related to the conservation and sustainable use of biodiversity should be acknowledged and addressed in the negotiation with traditional knowledge holders and/or indigenous and local communities, as appropriate, prior to starting activities/interactions . [Knowledge holders should be allowed to retain existing rights, including the determination of intellectual property rights, over their traditional knowledge.]
(3) Non-discrimination
9. The ethics and guidelines for all activities/interactions should be non-discriminatory, taking into account affirmative action, particularly in relation to gender, disadvantaged groups and representation.
(4) [Transparency/full disclosure]
10. Indigenous and local communities should be [fully] informed [to the fullest extent possible] about the nature, scope and purpose of any proposed activities/interactions carried out by others [that may involve the use of their traditional knowledge, innovations and practices related to the conservation and sustainable use of biodiversity] [, occurring on or likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities]. [Subject to national law,] this information should be provided in a manner that takes into consideration and actively engages with the body of knowledge and cultural practices of indigenous and local communities.
(5) [Approval] [Free prior informed consent] of the knowledge holders

Cuplikan di atas ini disajikan untuk sekedar memberi gambaran perjalanan pembahasan internasional.

Persoalan kita ialah untuk mendalami proses ini, sehingga kepentingan Indonesia dapat dijaga dan diperjuangkan, sejak dini dan awal.

Kehadiran peserta Indonesia di forum seperti ini memerlukan dukungan analis yang tangguh dan , tentu saja, dana. [setkbn0609]