The Permanent Forum regrets the lack of progress in enhancing participation by indigenous peoples at the World Intellectual Property Organization and reiterates previous requests that that Organization adopt a legally binding document to protect the traditional knowledge and intellectual property of indigenous peoples.
The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers.
The Permanent Forum recommends the development and inclusion of clear indicators and monitoring tools relating to indigenous peoples in the sustainable development goals and post-2015 development process, to be developed jointly with indigenous peoples.
Owing to the particular vulnerability of indigenous peoples in conflict situations, the Permanent Forum recommends that the Department of Peacekeeping Operations of the Secretariat and regional peacekeeping forces factor the protection of indigenous peoples into analysis, planning and guidance on the protection of civilians.
The Forum notes that there is a need for capacity-building in national and local government as well indigenous communities in the areas within the Forum’s mandate, and recommends that various parts of the United Nations system, including the International Labour Organization and the secretariat of the Forum, cooperate to provide technical assistance in that regard at the request of Governments and indigenous communities.
The Permanent Forum urges Member States to implement the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the Escazú Agreement.
The Permanent Forum recommends that adequate and sustained funding and other support be provided to the aforementioned projects of UNDP and ILO and that they be replicated in different regions of the world.
The Permanent Forum welcomes the study of the Expert Mechanism on the Rights of Indigenous Peoples on the right to education and the Expert Mechanism’s Advice No. 1. The Permanent Forum encourages States, indigenous peoples and others to disseminate these texts and incorporate them in national policies and practices.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.
The Permanent Forum appoints Les Malezer, a member of the Forum, to undertake a study on indigenous peoples and sustainable development, to be submitted to the Forum at its seventeenth session.
The Forum recognizes and applauds other indigenous fellowship programmes, in particular the fellowship programme established and funded by the regular budget of the Office of the United Nations High Commissioner for Human Rights and the newly established fellowship programme of the ILO. Furthermore, the Forum particularly recognizes the capacity-building efforts of the indigenous fellowship programme of the Office and requests that, in order to complement their Geneva based training, the indigenous fellows at the Office should participate, on an annual basis, in the sessions of the Forum. Further consideration should also be given to provide some time for training at the secretariat of the Forum, during non-sessional periods.
Given the importance of the full range of the human rights of indigenous peoples, including traditional knowledge, culturally appropriate procedures to ensure communication, information, and scheduling, the Permanent Forum calls on all United Nations agencies and intergovernmental agencies to implement policies, procedures and mechanisms that ensure the right of indigenous peoples to free, prior and informed consent consistent with their right to self-determination as reflected in common article 1 of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, which makes reference to permanent sovereignty over natural resources.