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Addressee: UNESCO, UN entities
Paragraph Number: 93
Session: 21 (2022)
Full Text:
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.
Area of Work: Methods of Work, Culture
Addressee: WIPO, UNESCO, CBD Secretariat, UN entities
Paragraph Number: 66
Session: 21 (2022)
Full Text:
The Permanent Forum urges the World Intellectual Property Organization, UNESCO, the secretariat of the Convention on Biological Diversity and other relevant United Nations entities to align their internal policies, within their respective mandates, so as to recognize and protect the collective intellectual property rights of indigenous peoples in respect of their creations, discoveries, traditional knowledge and knowledge of biodiversity. The Permanent Forum invites the above-mentioned United Nations entities to report back to future sessions on the progress made in that regard.
Area of Work: Intellectual Property
Addressee: Guatemala
Paragraph Number: 63
Session: 21 (2022)
Full Text:
The Permanent Forum notes that the Constitutional Court of Guatemala issued ruling No. 2112-2016 of 24 October 2017 on indigenous peoples’ intellectual collective property. The Permanent Forum urges Guatemala to comply with the ruling and to adopt laws and policies, respecting the free, prior and informed consent of indigenous peoples.
Area of Work: Economic and Social Development, Intellectual property
Addressee: Member States
Paragraph Number: 62
Session: 21 (2022)
Full Text:
The Permanent Forum expresses concern over the misappropriation and misuse of indigenous peoples’ cultural heritage, traditional knowledge and traditional cultural expressions, and urges States and companies, in cooperation with indigenous peoples, to take effective measures to recognize and protect their rights, in accordance with article 31 of the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, the Permanent Forum calls upon Member States to take measures to safeguard indigenous peoples’ rights to intellectual property by adopting laws and public policies, in which it is recognized that indigenous peoples have the right over their creations, knowledge, discoveries, works, traditional cultural expressions and other elements.
Area of Work: Economic and Social Development, Intellectual property
Addressee: Member States
Paragraph Number: 59
Session: 21 (2022)
Full Text:
The Permanent Forum is deeply concerned about the particular vulnerabilities
of indigenous children. In this regard, it notes the study of the Expert Mechanism on
the Rights of Indigenous Peoples on the rights of the indigenous child under the
United Nations Declaration on the Rights of Indigenous Peoples (A/HRC/48/74) and
the note by the Secretariat entitled “Update on the promotion and application of the
United Nations Declaration on the Rights of Indigenous Peoples: violence against
children” (E/C.19/2022/4), prepared in collaboration with the Special Representative
of the Secretary-General on Violence against Children. The Permanent Forum calls
upon Member States to prioritize the human rights of indigenous children and young
people, in cooperation with indigenous peoples. The Permanent Forum further calls
upon those States that have not yet ratified the Convention on the Rights of the Child,
including its three Optional Protocols – on a communications procedure, on the sale
of children, child prostitution and child pornography and on the involvement of
children in armed conflict, to do so as soon as possible.
Area of Work: Indigenous Children and Youth, Human Rights
