Statement of the Like Minded Group of Countries (LMCs) Delivered by Erry Wahyu Prasetyo of the Permanent Mission of Indonesia IGC/36 On the Rev.2 of the Consolidated Document Relating to IP and Genetic Resources

June 30, 2018 Intellectual Property

Thank you very much Mr. Chair,
In light of the the unexpected turn of event, for the record, the LMCs would like to make the following observations:
1. The LMCs agrees that all members states have been engaging actively in the meeting of the committee that we have this week. However, intentions of engagement seems to be of different colors, we feel the need to point out that there are engagements to bridge gaps, move forward, and make progress, in a process that started, eighteen years ago. But unfortunately, there are also engagements with the intention to delay, or to widen gaps, or even to block progress.
2. To that effect, we, Member of the LMCs, comprising the majority, of the three largest groups in this organization (namely, members from the African Group, the Asia and Pacific Group, and the Group of Latin America and Carribbean Countries), are disappointed and deeply regret that we come to this point.
3. Since the negotiation of the mandate to set up the ad hoc expert group, the meeting with you Chair on the week before this IGC week, the document circulated on Monday on the contact group, until the discussion and the decision to have informals yesterday have been a transparent and open process. We have heard no objection, to the way you proposed to guide this meeting, until now when the results and outcome of our work in the past 6 days have come to fruition. Today, we have heard that this methodology is being cited as one of the reasons why a Member State cannot accept Rev.2 document and prefer to not move forward and against making any progress.
4. We want it to be in the record, that it is only one Member State that has try to stop progress by not agreeing to transmit Rev.2 as a basis for further work. Should there be any other Member States, similarly inclined that this Committee cannot transmit Rev.2 as a basis for further work, we would appreciate it if they would come forward and put it on the record as well.
5. There are nothing, that stop us, the LMCs, to build our own national and plurilateral regimes that protect genetic resources and traditional knowledge associated with genetic resources. Taking that into account, the LMCs have been engaging, with good faith, and with the trust, with the belief that every Member State of WIPO would be coming to IGC meeting, involve in IGC process, invest time, resources, and energy, to achieve the same objective that we all agree in the mandate of this committee. However, today, we have been proved otherwise.
6. We thought, this process would not be held hostage by one member state. We don’t want to lose confidence in the IGC, Mr. Chair. But this will need a lot of efforts for us, to trust each others, in our intention, to try to sit down, negotiate, and find a way to make progress.
7. This Committee is not the only process in this organization, we note that we need each other’s collaboration as well in other processes in this organization.
8. We are disappointed with the outcome, our confidence in the process of the IGC is shaken, HOWEVER, The LMCs strongly believe, that WE MADE SIGNIFICANT GAIN IN THIS COMMITTEE THIS WEEK, as reflected in Rev.2 documents. We put a lot of efforts, exerted a lot of flexibilities and compromises, far far away from our traditional positions.
9. We refuse to accept that this SIGNIFICANT GAIN, as reflected in Rev.2 is lost just because an intention to not to move forward.
10. Let me assure you Mr. Chair, we have come a long way, we refused to be held back down, we refused to turn around, and this gain, is a gain that the LMCs will keep and we will base our further work on the protection of the Genetic Resources on this text.
11. It is time for us to reach the final line, and we are committed to stay constructive with a view to have an effective and adequate protection of Genetic Resources and Traditional Knowledge associated with Genetic Resources. Congratulations are due to you Chair, your Vice Chairs, the facilitators and all Member States that has been flexible and engaging to in the objective to move forward and make progress. this unexpected turn of event did not widen the gap between us, instead its strenghten our unity in our committement to the the cause and the objective that we all agreed in the mandate of this committee, an effective protection for genetic resources and traditional knowledge associated with genetic resources.
Geneva, 29 June 2018