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.
The Permanent Forum decides to appoint Mr. Lars Anders-Baer, a member of the Permanent Forum, as a special rapporteur to undertake a study to determine the impact of climate change adaptation and mitigation measures on reindeer herding.
The Permanent Forum recommends that the United Nations University Institute of Advanced Studies, university research centres and relevant United Nations agencies conduct further studies on the impacts of climate change and climate change responses on indigenous peoples who are living in highly fragile ecosystems, such as low-lying coastal areas and small island States; semi-arid and arid lands and dry and sub-humid lands (grasslands); tropical and subtropical forests; and high mountain areas.
OHCHR, the secretariat of the Permanent Forum, ILO, the World Bank Group and other relevant United Nations entities, including United Nations country teams, should focus on increasing the understanding of indigenous peoples’ underlying material rights to land and the need to give material rights priority over process rights. These agencies should undertake analytical work on how the intensity and exclusivity criteria that are commonly encompassed in domestic property rights systems could be understood in the context of international human rights standards related to indigenous property rights.