The Permanent Forum welcomes the study to examine challenges in the African region to protecting traditional knowledge, genetic resources and folklore prepared by Paul Kanyinke Sena (E/C.19/2014/2), acknowledges the support provided by the WIPO secretariat towards the completion of that study and, in this regard, calls upon the WIPO secretariat to extend its outreach and awareness-raising activities in respect of indigenous peoples, with a particular focus on African indigenous peoples so as to increase their awareness of WIPO processes, and to further develop culturally appropriate training and capacity-building materials for indigenous peoples consistent with article 41 of the Declaration.
The Permanent Forum recommends that Member States, owing to the threat of biopiracy and the pharmaceutical industry, develop legislative measures, with the full and effective participation of indigenous peoples, to protect traditional medicine and knowledge, and to secure the rights of indigenous peoples to intellectual property.
The Permanent Forum calls upon the Intergovernmental Committee to appoint representatives of indigenous peoples as members of any Friends of the Chair groups and as co-chairs of any working groups and drafting groups that may be established by the Committee. It also calls upon the Committee to appoint an indigenous person as a co-chair of the Committee as a whole.
The Permanent Forum invites United Nations bodies with expertise on human rights, cultural rights and the traditional knowledge of indigenous peoples to provide legal and technical comments on the revised draft protocol to the Convention on Biological Diversity on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization for transmission to parties to the Convention for consideration in their final negotiations.
The Permanent Forum recommends that donors and United Nations agencies give more support to indigenous peoples in Africa, where appropriate, to promote, recognize, protect and enhance indigenous traditional knowledge.
The Permanent Forum requests that WIPO commission a technical review, to be conducted by an indigenous expert, focusing on the draft texts concerning traditional knowledge, genetic resources and traditional cultural expressions, and to provide comments thereon to the Intergovernmental Committee through the Forum. The review should be undertaken within the framework of indigenous human rights.
The Permanent Forum encourages the full participation of Indigenous Peoples in environmental assessment processes, including in the context of possible deep-sea mining, as such participation also guarantees the contributions of Indigenous Peoples’ knowledge. Given the length of the Arctic coastlines, Indigenous Peoples need to be involved in the monitoring of relevant international shipping routes and their impacts on marine biodiversity and seabeds.
The Forum recommends that the Inter-Agency Support Group convene a technical workshop on indigenous traditional knowledge, in collaboration with United Nations agencies dealing with this issue, with the participation of indigenous experts, with a view to promoting a collaborative, complementary and holistic approach to traditional knowledge in order to enhance better understanding of indigenous concerns and their possible solution and requests the workshop to submit its report to the Forum at its fifth session
The Permanent Forum recognizes the importance of indigenous peoples knowledge systems as the basis of their development with culture and identity and therefore recommends that ongoing international processes, such as negotiations on the international regime on access and benefit-sharing of the Convention on Biological Diversity, the Ad Hoc Working Group on Long-term Cooperative Action of the United Nations Framework Convention on Climate Change, and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization, should recognize and integrate the crucial role and relevance of indigenous knowledge systems in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum calls for increased investments in educational programmes and capacity-building initiatives that empower Indigenous Peoples to navigate legal and bureaucratic processes in managing their resources in keeping with their cultural and spiritual values and self-determined development. These initiatives should support the transmission of Indigenous knowledge and skills across generations, enhancing resilience and sustainability.
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 Permanent Forum urges increased dialogue among Governments, institutions and indigenous peoples concerning the identification, incorporation and value of indigenous knowledge in all disaster risk reduction projects and programmes at the national and regional levels. The Forum recommends that the United Nations Office for Disaster Risk Reduction take into consideration the study on engaging indigenous peoples more inclusively in the disaster risk reduction process (E/C.19/2013/14) as part of the official documentation of the third World Conference on Disaster Reduction, to be held in 2015.