The Permanent Forum, noting the significance for indigenous peoples of the negotiations under way at WIPO on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions, strongly encourages representatives of indigenous peoples to participate in those negotiations, consistent with article 18 of the United Nations Declaration on the Rights of Indigenous Peoples.
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.
Taking into account paragraphs 11, 14, 15, 17 and 26 of the outcome document of the World Conference on Indigenous Peoples and article 23 of the United Nations Declaration, the Permanent Forum reminds Member States of the need to implement their commitments through national action plans, strategies or other measures, developed jointly and effectively with indigenous representatives on the basis of the right of free, prior and informed consent, in particular to ensure the adequate training and availability of health professionals in indigenous communities as a matter of urgency.
The Permanent Forum urges UNDP to strengthen its institutional capacity on indigenous peoples’ issues by establishing a task force to serve as a liaison mechanism between headquarters and focal points on indigenous issues at the country level. Furthermore, the Forum recommends that these focal points be specialists on indigenous peoples’ issues.
The Forum is fully aware of the close links between conflict and poverty. Conflicts cause poverty and reverse development. The Forum invites those United Nations agencies, funds and programmes working in areas of conflict to consider the special needs of indigenous peoples in their work.
The Permanent Forum urges relevant United Nations agencies, funds and programmes, including FAO, IFAD, ILO, UNEP, the United Nations Educational, Scientific and Cultural Organization, the United Nations Institute for Training and Research, UN-Women and the World Bank, to recognize and support this form of cultivation.