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 the United Nations system continue its advocacy work on indigenous connectivity in preparation for phase II of the World Summit on the Information Society, to be held in 2005, taking into account the Declaration of the Global Forum of Indigenous Peoples and the Information Society and the Programme of Action. The Forum supports and applauds the decision taken by the Summit to establish multi-stakeholder portals that allow communication between indigenous peoples at the national level.
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
The Permanent Forum calls upon the secretariat of the Convention on Biological Diversity to work in partnership with other members of the Inter-Agency Support Group and donors to organize regional workshops for the purposes of information exchange and capacity-building among Governments, indigenous peoples and local communities and other stakeholders with regard to the proposed international regime on access and benefit-sharing. In addition, the secretariat is called upon to provide financial support for indigenous networks to disseminate information, in appropriate and accessible languages, and through appropriate media, to indigenous communities on this issue.
The Permanent Forum welcomes the document of the Commission of the European Communities (COM (2008)), Communication from the Commission to the European Parliament and the Council: The European Union and the Arctic Region delivered in Brussels on 20 November 2008 and urges the European Union to begin implementing the recommendations relevant to indigenous peoples from this document.
The Permanent Forum wishes to express its appreciation to the Inter-Agency Support Group for its contribution to the work of the Forum, and encourages all United Nations agencies to join the Group, particularly those whose area of work is of special relevance for the rights and well-being of indigenous peoples, such as the World Health Organization.
The Permanent Forum welcomes the document of the Commission of the European Communities (COM (2008)), Communication from the Commission to the European Parliament and the Council: The European Union and the Arctic Region delivered in Brussels on 20 November 2008 and urges the European Union to begin implementing the recommendations relevant to indigenous peoples from this document.
The Permanent Forum recommends that when planning, preparing and implementing its programmes and projects, IFAD conduct the necessary investigations so as to ensure that the particularities and cultural sensitivities of indigenous peoples involved in and affected by the programmes and projects are taken into account. The Permanent Forum underlines the fact that indigenous peoples are to be engaged as an active and equal partner in all processes and phases of programmes and projects.
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.
The Permanent Forum calls upon the World Bank to include the rights of indigenous peoples in its knowledge and learning activities for staff and management. Instruments for learning, such as the Nordic Trust Fund, should include training on how operational policies in place regarding the rights of indigenous peoples should be fully implemented.