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 acknowledges the work of the International Telecommunication Union, in collaboration with indigenous peoples’ organizations, on digital inclusion training programmes in the Americas region. The Permanent Forum recognizes the need to undertake additional efforts aimed at eliminating the existing digital inequality affecting indigenous peoples and invite s the International Telecommunication Union to expand its programmes globally, with a special emphasis on nomadic and semi-nomadic indigenous peoples.
The Permanent Forum intends to make the formulation of an indigenous peoples’ development index, based on the human rights affirmed in the United Nations Declaration and international human rights instruments, a recurring part of its agenda. The Forum recommends that the United Nations Development Programme, especially its Human Development Report Office, and the Office of the United Nations High Commissioner for Human Rights assist the Forum in developing such an index, building on existing initiatives by indigenous peoples and United Nations agencies, and report thereon to the Forum at its fifteenth session
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.
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 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 the proposal by the International Fund for Agricultural Development and other organizations to hold an expert workshop on the contribution to development of pastoralist cultures and hunting and gathering societies.
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 requests that the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples identify the actions of transnational corporations that may breach the inherent rights detailed in the United Nations Declaration on the Rights of Indigenous Peoples, and further invites them to present a report to the Forum at its eighth session, in 2009.
Considering the effects of globalization and the need for indigenous peoples to participate in the global economy to promote their development, the Forum recommends that the Economic and Social Council invite the World Trade Organization to participate in its third session.
The Permanent Forum recognizes that as the global economy promises to “build back better” from the economic crisis caused by the COVID-19 pandemic, it is imperative that international financial institutions, including the World Bank, work in close consultation with indigenous peoples and invest in their communities. Indigenous peoples are partners in restarting the global economy while also maintaining their position given to them by birth as stewards of Mother Earth.
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.