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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: UN entities

Paragraph Number: 98
Session: 21 (2022)
Full Text:

The Permanent Forum calls on United Nations entities to elevate the discussion on indigenous peoples to the highest possible governance level of their entities in order to ensure system-wide ownership and support for indigenous peoples’ rights. It encourages the focal points of United Nations entities to facilitate the commencement of dialogues between the Permanent Forum and the heads of the entities. The objective of such dialogues could include reviews of the entities’ internal policies and safeguards guaranteeing the right to self-determination of indigenous peoples, respect for their free, prior and informed consent and due diligence in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international standards by the end of 2022

Area of Work: Free, Prior and Informed Consent (FPIC)

Addressee: IFAD

Paragraph Number: 72
Session: 21 (2022)
Full Text:

The Permanent Forum takes note of the sixth call for proposals of the Indigenous Peoples Assistance Facility of IFAD, which is focused on advancing indigenous peoples’ biodiversity conservation and sustainable management for adaptation and resilience to climate change. The Permanent Forum urges IFAD to facilitate direct access to climate financing to indigenous peoples’ communities and organizations through the Facility and the Adaptation for Smallholder Agriculture Programme, and encourages Governments and donors to support those initiatives.

Area of Work: Environment, Climate Change, Economic and Social Development
Paragraph Number: 22
Session: 21 (2022)
Full Text:

The Permanent Forum recalls that, to ensure effective implementation, the Guiding Principles on Business and Human Rights must be aligned with the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, and the jurisprudence of the human rights treaty bodies. Furthermore, the Permanent Forum recognizes the work of the Human Rights Council to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. In that respect, the Permanent Forum stresses the need to ensure that the new instrument affirms indigenous peoples’ rights, including with regard to free, prior and informed consent. The Permanent Forum recommends that this instrument explicitly define due diligence processes and their specific methods of implementation. Therefore, the Permanent Forum underlines the importance of full and effective participation by indigenous peoples throughout the development of the instrument.

Area of Work: Human rights, Free, Prior and Informed Consent (FPIC)
Paragraph Number: 90
Session: 21 (2022)
Full Text:

The Permanent Forum welcomes Human Rights Council resolution 48/13 on the human right to a clean, healthy and sustainable environment and calls upon the General Assembly to reaffirm and reinforce the human right to a safe, clean, healthy and sustainable environment, and calls upon the organizations of the United Nations system to take action in this regard.

Area of Work: Environment

Addressee: IFAD

Paragraph Number: 71
Session: 21 (2022)
Full Text:

The Permanent Forum encourages the International Fund for Agricultural Development (IFAD) to continue its efforts in operationalizing the principle of free, prior and informed consent in its investments, including through the engagement of indigenous experts in project delivery teams.

Area of Work: Economic and Social Development, Free, Prior and Informed Consent (FPIC)

Addressee: Member States

Paragraph Number: 10
Session: 21 (2022)
Full Text:

Member States must take urgent measures to guarantee adequate and effective participation by indigenous peoples in the design and implementation of national plans for the transition to clean and green energy. Where States have already begun the development of such plans without the participation of indigenous peoples, they must take remedial action.

Area of Work: Environment, Participation

Addressee: FAO, WHO

Paragraph Number: 82
Session: 21 (2022)
Full Text:

The Permanent Forum calls on FAO and WHO to amend the International Code of Conduct on Pesticide Management to take into account the free, prior and informed consent of indigenous peoples.

Area of Work: Free, Prior and Informed Consent (FPIC)
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: WHO

Paragraph Number: 78
Session: 21 (2022)
Full Text:

The Permanent Forum recommends that the WHO incorporate indigenous peoples’ cultures into the social determinants of health policies. The Permanent Forum urges WHO to review, update and expand its policy on indigenous peoples’ health. The Permanent Forum invites WHO to contribute to the work of the Permanent Forum at its twenty-second session on the health of indigenous peoples.

Area of Work: Free, Prior and Informed Consent (FPIC)

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: 107
Session: 21 (2022)
Full Text:

The Permanent Forum invites Member States to participate in informal discussions on the effective and efficient impacts of the Permanent Forum on the achievement of the Sustainable Development Goals, including in the contexts of biodiversity, climate change, desertification and the enjoyment of human rights by indigenous peoples, in particular efforts to combat violence against indigenous women and children. The Permanent Forum also invites Member States to enhance the effective participation of indigenous peoples in the design and implementation of efforts in the context the United Nations Decade of Ocean Science for Sustainable Development; the International Decade for Action, “Water for Sustainable Development”, 2018–2028; the United Nations Decade on Ecosystem Restoration; and the International Decade of Indigenous Languages.

Area of Work: Economic and Social Development, Environment, Human rights