Regarding the negotiations taking place at the sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum reiterates the urgent need to develop an instrument that responds to the current lack of adequate protection of traditional knowledge and recognizes indigenous peoples as equal stakeholders and the legitimate holders of their knowledge. The Forum calls upon the Intergovernmental Committee to fast-track the negotiations and to use its core budget to fund indigenous peoples’ participation in the deliberations.
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 commends WIPO for the establishment of the Voluntary Fund for Accredited and Indigenous Local Communities, and urges Member States and public and private entities to contribute to the Fund to ensure its operation beyond the twenty-second session of the Intergovernmental Committee in accordance with States’ commitment to article 41 of the United Nations Declaration on the Rights of Indigenous Peoples.
As highlighted in article 31 of the Declaration, the Permanent Forum requests that both WIPO and States take effective measures and establish mechanisms to recognize the right of indigenous peoples to protect their intellectual property, including their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games, and visual and performing arts.
Indigenous peoples in the Pacific rely on marine resources and fisheries for both livelihoods and as a food source. The Permanent Forum encourages United Nations entities to incorporate traditional knowledge into all their work in the region.
The Permanent Forum recommends that WIPO seek the participation of experts on international human rights law specifically concerning indigenous peoples so that they provide input into the substantive consultation process, in particular with reference to the language in the draft text where indigenous peoples are “beneficiaries” and other language that refers to indigenous peoples as “communities”, as well as the general alignment of the draft text of the Intergovernmental Committee with international human rights norms and principles.
The Permanent Forum, with the assistance of relevant member of the Inter-Agency Support Group, and in collaboration with indigenous experts, will conduct timely technical reviews at critical stages in the negotiations of international standards on the protection of traditional knowledge, such as the international regime on access and benefit-sharing and the deliberations of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), to evaluate consistency and harmonization with existing and developing international legal instruments, standards and arrangements and, in particular, the human rights of indigenous peoples.
The Permanent Forum reiterates its recommendation from 2015 to the Arctic Council and requests all Arctic governments to adopt a comprehensive and long-term strategy for resource extraction in the Arctic region that includes free, prior and informed consent of indigenous peoples to development projects on their lands and territories or involving their resources. The Forum requests the Arctic Council to provide information on the progress made in the implementation of the recommendation in conjunction with indigenous peoples.
The Permanent Forum remains concerned about the state of formal education for indigenous young people and calls upon States to fully fund bilingual and culturally appropriate primary, secondary and tertiary education programmes led by indigenous peoples, including mobile education initiatives for nomadic and semi-nomadic communities. Supporting informal and formal indigenous education systems is crucial in order to maintain and transmit traditional indigenous knowledge systems.
The Permanent Forum urges the States members of the World Intellectual Property Organization to ensure the full participation of Indigenous People, including developing safeguards to protect their knowledge and adopting a treaty to protect Indigenous Peoples’ genetic resources and associated traditional knowledge and medicine, at the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge to be held in 2024.
Scientists, policymakers and the international community as a whole should undertake regular consultations with indigenous peoples so that their studies and decisions will be informed by indigenous peoples’ traditional knowledge and experiences. The Permanent Forum can play a role in ensuring that the traditional knowledge and best practices of indigenous peoples relevant to fighting climate change and its impacts will be considered in the negotiation processes leading to the Copenhagen Conference of the Parties to the United Nations Framework Convention on Climate Change and beyond, including through discussions with the United Nations Framework Convention on Climate Change.
Consistent with article 18 of the Declaration, the Permanent Forum requests Member States to explore and establish modalities to ensure the equal, full and direct participation of indigenous peoples in all negotiations of the Intergovernmental Committee.