The Permanent Forum emphasizes the essential role of Indigenous Peoples’ languages and cultural practices in self-determination and urges Member States to adopt stronger measures to protect them from erosion and loss. The Forum decries the ongoing destruction of cultural heritage sites and the loss of Indigenous Peoples’ languages, urging immediate protective measures through robust legal and policy frameworks aligned with the Declaration.
Consistent with article 18 of the Declaration, the Permanent Forum requests Member States to explore and establish modalities to ensure the equal, full and direct participation of indigenous peoples in all negotiations of the Intergovernmental Committee.
The Permanent Forum welcomes the World Intellectual Property Organization facilitating a process, in accordance with the Declaration, to engage with indigenous peoples on matters including intellectual property, genetic resources, traditional knowledge and folklore.
The Permanent Forum recommends that the secretariat of the Convention on Biological Diversity facilitate the holding of an indigenous peoples’ expert workshop on traditional knowledge in a timely manner in order to feed into the fifth meeting of the Advisory Group on Article 8 (j) and Related Provisions and the fifth and sixth meetings of the Ad Hoc Open-Ended Working Group on Access and Benefit-sharing in order to support the elaboration by indigenous peoples of recommendations on an international regime on access and benefit-sharing. The meeting could be organized back-to-back with the meeting of the Inter-Agency Support Group on Indigenous Issues in order to take advantage of the presence of some United Nations agencies, which will be able to provide technical support and information.
The Permanent Forum reiterates to the parties to the Convention on Biological Diversity, and especially to the parties to the Nagoya Protocol, the importance of respecting and protecting indigenous peoples’ rights to genetic resources consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Consistent with the objective of “fair and equitable” benefit sharing in the Convention and Protocol, all rights based on customary use must be safeguarded and not only “established” rights. The Committee on the Elimination of Racial Discrimination has concluded that such kinds of distinctions would be discriminatory.
The Permanent Forum reiterates to the parties to the Convention on Biological Diversity that, consistent with international human rights law, States have an obligation to recognize and protect the rights of indigenous peoples to control access to the genetic resources that originate in their lands and waters and any associated indigenous traditional knowledge. Such recognition must be a key element of the proposed international regime on access and benefit-sharing, consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that Member States in the region enhance the protection of Indigenous Peoples through recognition and autonomy, in line with the Declaration, by revising legal and policy frameworks. Governments should rectify the injustices of the colonial past, taking into consideration Indigenous Peoples and their perspectives, in particular those of Indigenous youth, ensuring the participation of Indigenous Peoples in decision-making.
The Permanent Forum welcomes and endorses the recommendations of the above-mentioned workshop on indigenous traditional knowledge by emphasizing paragraphs 61-74 of the report of the Workshop (see E/C.19/2006/2).
The Permanent Forum demands that WIPO recognize and respect the applicability and relevance of the Declaration as a significant international human rights instrument that must inform the Intergovernmental Committee process and the overall work of WIPO. The minimum standards reflected in the Declaration must either be exceeded or directly incorporated into any and all WIPO instruments that directly or indirectly impact the human rights of indigenous peoples.
The Forum recommends that the United Nations system consider the following recommendations:
(a) The United Nations system should fully explore the protection, use and promotion of indigenous (including traditional) knowledge and ensure synergies across the relevant bodies currently investigating the issues (specifically the World Intellectual Property Organization, UNESCO, the United Nations Conference on Trade and Development, the World Health Organization, the Office of the United Nations High Commissioner for Human Rights and others) and furthermore should invite the Forum to participate;
(b) UNESCO should continue to investigate indigenous pedagogy and its application to indigenous education in collaboration with the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples and the Forum and other relevant bodies. The study should include the use of such strategies as boarding schools and both their negative and positive effects. To assist with this investigation into indigenous education, UNESCO is urged to facilitate regional conferences and a global forum on indigenous education to identify both barriers to educational equity and good practice;
(c) The Forum calls upon Governments and UNESCO to give more attention (by increasing their budgets) to developing quality indigenous education policies (with the participation of indigenous peoples) to achieve the Dakar objectives. “Education for all” is one of the fundamental objectives of the World Education Forum that should be achieved by 2015;
(d) The Forum encourages the United Nations Children’s Fund, UNESCO and other agencies to continue to support, in cooperation with indigenous peoples, intercultural and bilingual education programmes and to promote in particular the right of education for girls;
(e) The Forum should work with UNITAR to coordinate training for indigenous peoples within the United Nations system;
(f) UNESCO is requested to facilitate a world indigenous education conference, with appropriate United Nations partners (the Forum, UNESCO, UNITAR etc.), Member States and indigenous peoples. Furthermore, UNESCO should invite indigenous peoples and the Forum to participate in United Nations activities in the field of education. UNESCO has recently completed and distributed a publication on best practices for indigenous peoples education and this should be promoted throughout the international community;
(g) UNICEF advocates bilingual and cross-cultural education for indigenous peoples and conducts schools for girls and women’s literacy programmes in Latin America, and this initiative should be further encouraged and expanded;
(h) The Forum recommends that relevant agencies and Governments, on a regional basis, should provide technical services and the political and moral support needed for the creation, recognition and functioning of future international indigenous universities;
(i) Taking into account the importance of UNESCO national commissions, the Forum recommends that the Economic and Social Council and Governments facilitate the participation of indigenous peoples in the regional commissions with the incorporation of indigenous representation;
(j) The Forum, to underscore the crucial role of language skills to sustainable development and in celebration of the United Nations Year on Education for Sustainable Development (2005), recommends that the secretariat of the Forum, together with the United Nations Development Programme, UNICEF and UNESCO, explore the possibility of organizing a regional workshop in Asia or Africa on the theme “Indigenous children and language education”, to discuss policies, programmes and practical experiences with bilingual education to strengthen additive learning through the use of mother tongue and the “indigenization” of curricula in formal schooling, among members of the Forum, United Nations agencies, Governments (especially departments of education), indigenous and tribal representatives and indigenous education experts.
The Permanent Forum urges indigenous academics, scientists and traditional knowledge holders to organize their own processes to consolidate their knowledge and experiences in climate change science into a report that can feed into the Intergovernmental Panel on Climate Change, the Framework Convention on Climate Change and the Permanent Forum.
The Permanent Forum reiterates its recommendation that Member States review and revise their constitutions and legal frameworks to comprehensively recognize the rights of Indigenous Peoples, including the right to self-determination. Such review and revision processes should be driven and guided by Indigenous Peoples. The Forum also recommends that Member States develop and adopt specific national action plans to ensure that all policies and laws conform with the recognition and advancement of the right to self-determination, including self-governance and autonomy. The Forum further recommends that States engage in processes focused on decolonization and reconciliation policies that facilitate the path of Indigenous Peoples to self-determination, with the full and effective participation of Indigenous Peoples.