The UN Convention on Biological Diversity (CBD) Conference of Parties (COP16), held in November 2024, concluded with a landmark decision to establish a permanent subsidiary body dedicated to Indigenous Peoples and Local Communities (IPLCs). However, Pakistan seems unlikely to benefit from this historic move as it neither represents itself effectively at global biodiversity forums nor adequately recognises or protects IPLCs at home.
At the 1992 Rio Earth Summit, 150 countries, including Pakistan, had signed the CBD, which aims to conserve biodiversity and ensure the equitable use of living resources. Among its 42 articles, the Article 8(j) is significant: it calls on countries to respect and safeguard the traditional knowledge of IPLCs, especially when such knowledge aids in conservation and sustainable resource use. Where this knowledge is used, the community’s consent is required, along with fair benefit-sharing.
To support the Article 8(j), it was proposed that the CBD create a subsidiary body to provide guidance and develop a working programme. This was adopted at the COP5 in 2000 and has since served as the primary mechanism for implementing the Article 8(j). It helps countries respect, preserve, and maintain IPLC knowledge, innovations and practices.
The Article 8(j) working group issues voluntary guidelines to help countries incorporate traditional knowledge respectfully. Additionally, the International Indigenous Forum on Biodiversity (IIFB), a caucus recognised by the CBD, plays a key role in representing IPLC voices in negotiations and decisions.
At the COP16 that took place last year in Cali, Colombia, 196 parties adopted the establishment of a permanent Subsidiary Body on Article 8(j). After years of advocacy, this move gives the IPLCs a formal platform in the CBD — making it the only UN environmental convention with such representation. Previously, delegates of indigenous people had to seek out national representatives informally, often waiting outside meeting rooms to be heard on issues directly affecting them.
This new body is expected to be co-chaired by government and IPLC representatives. Its operational model will be finalised and adopted at the COP17 in Armenia in 2026. Despite this progress at the international level, the IPLCs in Pakistan continue to be overlooked. The constitution does not explicitly recognise indigenous people, instead grouping them with ethnic, linguistic and religious minorities.
According to Dr Kashif Imran Zaidi, director of the School of Law and Policy at the University of Management and Technology, this broad classification erases indigenous identity. In his paper ‘Indigenous Peoples in Pakistan: In Consideration of the Right to Cultural Property and Identity’, he notes the absence of legal recognition for indigenous communities in Pakistan.
Nonetheless, Pakistan is a signatory to many international human rights instruments relevant to the IPLCs. Zaidi outlines these in his research, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). While the UNDRIP is not legally binding, it reflects global consensus on the rights of indigenous peoples — such as self-determination and protection from discrimination — and reinforces standards found in binding treaties. Some of these principles are also part of customary international law: widely accepted norms followed even in the absence of formal treaties.
Pakistan has also signed the Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No. 169), which differentiates between indigenous and tribal people. Furthermore, the World Intellectual Property Organisation (WIPO) also addresses Indigenous intellectual property issues, such as traditional cultural expressions and genetic resources.
In terms of biodiversity-specific commitments, Pakistan has signed two key CBD protocols: The Cartagena Protocol on Biosafety (2000), which governs the safe handling, transport, and use of living modified organisms (LMOs) from biotechnology to minimise harm to biodiversity and human health.
The Nagoya Protocol (2014), which ensures fair and equitable sharing of benefits from the use of genetic resources — including plants, animals and microbes — with the countries or communities providing them.
Additionally, Pakistan is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which regulates global trade in endangered species to prevent overexploitation.
Despite these global commitments, implementation at home remains weak. Without recognising indigenous people in the domestic law or establishing mechanisms for benefit-sharing and cultural protection, Pakistan risks failure to meet its obligations under international frameworks. As global platforms such as the CBD increasingly elevate IPLC voices, countries like Pakistan must bridge the gap between international commitments and local realities. Recognising the IPLCs formally, legally and administratively is the first step toward enabling their meaningful participation in biodiversity governance.