The Permanent Forum recommends that WIPO commission the updating of the technical review of key intellectual property-related issues of the WIPO draft instruments on genetic resources, traditional knowledge and traditional cultural expressions, which was undertaken in 2016 by James Anaya (WIPO/GRTKF/IC/29/INF/10), to reflect current issues, with an emphasis on concepts such as “balancing” and “public domain” and how these might conflict with indigenous peoples’ human rights and customary laws, and the obligation to incorporate and respect human rights in the work of WIPO.
Regarding the negotiations taking place at the sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum reiterates the urgent need to develop an instrument that responds to the current lack of adequate protection of traditional knowledge and recognizes indigenous peoples as equal stakeholders and the legitimate holders of their knowledge. The Forum calls upon the Intergovernmental Committee to fast-track the negotiations and to use its core budget to fund indigenous peoples’ participation in the deliberations.
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Forum recommends that all relevant United Nations entities and Governments:
(a) Advise Governments to revise their national legal and administrative frameworks to ensure indigenous women’s equal rights and access to social and economic services and resources, including land ownership;
(b) Identify and give recognition to the capacities of indigenous women and their specialized knowledge in the areas of health, natural environment, traditional technologies, crafts and arts, and design appropriate employment and income-generating strategies;
(c) Provide indigenous women with the appropriate education and training resources so that they can effectively access and participate in mainstream national, regional and international economic institutions.
The Permanent Forum acknowledges the project of the Organization for Economic Cooperation and Development (OECD), entitled “Linking indigenous peoples with regional development”, which involves indigenous leaders and communities in Australia, Canada and Sweden, and encourages OECD and its member States to expand the project.
In accordance with articles 20 and 21 of the Declaration, the Permanent Forum urges States to develop legislation, policies and programmes supporting traditional livelihoods with the full and effective participation of indigenous peoples. In particular, the Forum urges the Government of Finland to renew the Reindeer Herding Act with the full and effective participation of the Sami people
The Forum urges international donor agencies, regional organizations and States to incorporate indigenous people’s issues in the formulation of sector policies for development cooperation and to address indigenous peoples’ issues in their joint development programmes and projects to ensure that indigenous peoples and their issues are effectively mainstreamed into their work.
The Forum recommends that the International Fund for Agricultural Development (IFAD), in collaboration with multilateral and regional agencies and indigenous organizations, lead the mainstreaming of indigenous issues and concerns in poverty reduction strategies at the country level. In view of the decreasing support to pastoral and semi-nomadic groups in Africa, the Forum recommends that IFAD initiate programmes in support of these groups and submit its planned work programme to the Forum at its fourth session.
The Forum recommends that UNDP continue its work on supporting local-level initiatives, such as the equator initiative, the community water initiative, the community-based initiative and the assisting communities together project.
The Forum reaffirms the UNDP focus on implementing its policy of working with indigenous peoples at the country level, and urges UNDP to continue its work to develop a policy on land tenure rights with the participation of indigenous peoples.
The Forum recommends to the United Nations Development Group that the indicators of the Millennium Development Goals be assessed and that additional indicators be identified to give fuller assessment of environmental sustainability.
The Forum takes note with appreciation of the focus and work of UN-Habitat, particularly regarding the ongoing study jointly initiated with the Office of the United Nations High Commissioner for Human Rights on indigenous peoples and the right to adequate housing, and recommends that UN-Habitat submit a report on the conclusions and recommendations of this study to the Forum at its fourth session, and that it participate in the dialogue.