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 notes that various United Nations treaty bodies have repeatedly called on the Governments of Finland and Sweden to clarify and affirm the Sámi people’s rights to land and fishing, including hunting and reindeer grazing rights. The Forum urges Finland and Sweden to take action in accordance with these recommendations, without further delay. The Permanent Forum further calls on Norway to reach an agreement with the Sámi Parliament on the draft mineral act.
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.
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.
The principles of common but differentiated responsibilities, equity, social justice and sustainable development and development with identity should remain the key principles underpinning the negotiations, policies and programmes on climate change. The human rights-based approach to development and the ecosystem approach should guide the design and implementation of local, national, regional and global climate policies and projects. The crucial role of indigenous women and indigenous youth in developing mitigation and adaptation measures should also be ensured.