Harper Administration Fails to Implement International Treaty
Paula LaPierre Kichesipirini Algonquin Canada Customary Governance Treaty Right Affidavit:
Algonquin Nation and the Need for Transitional Justice and Truth Commission in Unceded Algonquin Nation Territory Summary:
The Harper administrative State in Canada failed to implement key requirements for environmental and social assessments in unceded Algonquin Nation territories as is required for a legally binding international Treaty process.. The Harper administrative State in Canada has continued with its failure to complete appropriate environmental and social impact assessments as requi
red in accordance to “Article 8j” of the Convention on Bio
logical Diversity within unceded Algonquin Nation territory. The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is an international legally binding treaty. The convention recognized for the first time in international law that the conservation of biological diversity is
a common concern of humankind
and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources. The convention also offers decision-makers guidance based on the precautionary principle that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.
Article 8j of the Convention calls on Parties to “
respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of
such knowledge innovations and practices.”
The Working Group on Article 8(j) (traditional knowledge) and Related Provisions of the Convention on Biological Diversity (CBD) met in October 2013 in Montreal, Canada. The Article 8(j) Working Group addressed: a progress report on the implementation of the work programme on Article 8(j), and mechanisms to promote the effective participation of indigenous and local communities (ILCs) in CBD work; a draft action plan for customary sustainable use; proposed best- practice guidelines facilitating enhancement of repatriation of traditional knowledge; a study on how tasks 7, 10 and 12 of the Article 8(j) work programme (benefit-sharing from, and unlawful appropriation of, traditional knowledge) contribute to the work under the CBD and the Nagoya Protocol; sui generis systems for the protection, preservation and promotion of traditional knowledge; and recommendations from the UN Permanent Forum on Indigenous Issues (UNPFII). The Working Group also featured an in-depth dialogue on connecting traditional knowledge systems and science, such as the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES), including gender dimensions. The 8th meeting of Article 8(j) concluded Friday, 11 October 2013, within unceded Algonquin Nation territory, the Ad Hoc Open-ended Working Group on Article 8(j) and Related Provisions, recommends that work that will build knowledge networks, support capacity-development and integrate the traditional knowledge and customary practices of indigenous and local communities into the science base of the work of the Convention on Biological Diversity. Article 10 of the Convention, Sustainable Use of Components of Biological Diversity, states: Each Contracting Party shall, as far as possible and as appropriate: (a) Integrate consideration of the conservation and sustainable use of biological resources into national decision-making; (b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity; (c) Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements; (d) Support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced; and (e) Encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources.