As highlighted in article 31 of the Declaration, the Permanent Forum requests that both WIPO and States take effective measures and establish mechanisms to recognize the right of indigenous peoples to protect their intellectual property, including their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games, and visual and performing arts.
The Permanent Forum encourages States to continue cooperating with indigenous peoples to develop fair, transparent and effective mechanisms for the repatriation of ceremonial objects and human remains, at the national and international levels.
The Forum recommends that FAO and the Sustainable Agricultural and Rural Development Initiative work further on the development of cultural indicators for identifying priorities and criteria and methodologies for the right to food and food security, with the participation of indigenous peoples, taking into account the protection and restoration of indigenous peoples' traditional food systems and their agrobiodiversity and associated traditional knowledge and livelihoods. The threats to sustaining such systems, such as monoculture cash crop production, mineral extraction, environmental contamination and genetically modified seeds and technology, should be addressed.
The Permanent Forum recommends that States support the creation of indigenous language and cultural studies centres in universities and encourage universities to provide permanent teaching positions for indigenous peoples in those study centres; urges States to adopt a policy of free university tuition for all indigenous peoples; encourages those universities that have not already done so to establish designated places and scholarships for indigenous students; and encourages UNESCO to support those initiatives where applicable.
The Permanent Forum expresses concern for the state of the world’s indigenous languages. It is estimated that there are between 6,000 and 7,000 oral languages in the world today, most of them spoken by very few individuals. The Forum recommends the adoption of a rights-based approach towards indigenous language issues that considers the full spectrum of human rights and fundamental freedoms in accordance with the Declaration. The Forum also recommends that Member States, the United Nations system, indigenous peoples’ organizations and other stakeholders share initiatives and strategies undertaken for, with and by indigenous peoples in order to recover, use and revitalize indigenous languages, including through the use of information and communication technologies.
The Forum recommends that Governments hold sports and athletic games involving indigenous sports.
The Forum recommends that the United Nations and Member States recognize the cultural rights of indigenous peoples which include the rights to organize oneself freely and to administer one’s own cultural, sports, social and religious institutions. For this purpose, the Forum encourages the United Nations and the relevant specialized agencies to consider establishing an international centre for multicultural and multiracial studies.
The Permanent Forum recalls the request it made at its fifteenth session (E/2016/43, para. 47) for UNESCO to host a joint seminar with the Expert Mechanism on the Rights of Indigenous Peoples and other relevant United Nations mechanisms for the purpose of exploring the development of a new international mechanism on the repatriation of ceremonial objects and human remains. In this regard, the Permanent Forum deeply regrets the absence of UNESCO from the expert group meeting organized by the Expert Mechanism in March 2020 in Vancouver, Canada, to discuss steps for the implementation of such a mechanism. The Permanent Forum recommends the leadership, involvement and cooperation of UNESCO in efforts to implement the recommendations arising from that meeting, as well as the previous recommendation of the Permanent Forum related to the repatriation of ceremonial objects and human remains, including through the creation of an international database and inventory of such items accessible to indigenous peoples as a basis for initiating dialogue. The Permanent Forum wishes to remind UNESCO and other United Nations entities that the repatriation of ceremonial objects and human remains is enshrined in articles 11 and 12 of the Declaration.
The Permanent Forum welcomes the initiative of UNESCO, the International Union for Conservation of Nature (IUCN), the International Council on Monuments and Sites (ICOMOS) and the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM) to review current procedures and capacity to ensure free, prior and informed consent, and the protection of indigenous peoples’ livelihoods, tangible and intangible heritage. During this review process, it would be advisable to review the inconsistency of approaches to natural world heritage and cultural world heritage. The Permanent Forum makes itself available to assist in the review and revision of UNESCO operational guidelines with regard to nominations and site assessments. The Permanent Forum further recommends that UNESCO invite indigenous peoples’ representatives and experts to contribute to deliberations on and recommended changes to procedures and operational guidelines.
The Permanent Forum recommends that UNESCO, the United Nations Development Programme (UNDP), the Convention on Biological Diversity and the World Intellectual Property Organization (WIPO) work closely with indigenous peoples to develop an instrument to protect traditional knowledge and culture-based economic opportunities and activities as a potential way of strengthening the identities of indigenous peoples in order to contribute to gross domestic product growth, environmental protection and mutual appreciation of cultures.
The Permanent Forum welcomes the decision 2009/250 of the Economic and Social Council on a proposed amendment to the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, related to the traditional use of the coca leaf. The Forum recommends that Member States support this initiative, taking into account articles 11, 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples.
It is also vital that Governments recognize indigenous peoples’ institutions, especially their representative institutions. These institutions help promote and protect the cultures, livelihoods, identities and languages of indigenous peoples and other essential elements of their lives. These institutions should be supported and strengthened as essential elements of diverse and multicultural States. The Permanent Forum notes that many Governments already recognize indigenous peoples’ representative institutions at the municipal and national levels. However, they are not yet recognized at the international level.