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Addressee: OHCHR
Paragraph Number: 63
Session: 17 (2018)
Full Text:
The Permanent Forum requests the Assistant Secretary-General for Human Rights, with the support of the secretariat of the Forum, to expand and strengthen the United Nations response to reprisals and threats faced by indigenous human rights and environmental defenders by enhancing high-level engagement on reprisals, ensuring appropriate action on urgent cases when reprisals occur.
Area of Work: Human Rights Defenders
Paragraph Number: 9
Session: 18 (2019)
Full Text:
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.
Area of Work: Intellectual Property, Traditional Knowledge
Addressee: HRC
Paragraph Number: 62
Session: 17 (2018)
Full Text:
The Permanent Forum recommends that relevant special procedures of the Human Rights Council collaborate with each other and with other human rights bodies to address the situation of indigenous human rights defenders through monitoring, mediation, analysis and the provision of concrete recommendations for the effective protection of indigenous human rights defenders.
Area of Work: Human Rights Defenders
Addressee: WIPO, UNESCO, CBD Secretariat, UN entities
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
Paragraph Number: 11
Session: 18 (2019)
Full Text:
The Permanent Forum also recommends that WIPO organize a second indigenous expert workshop on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions before 2021
Area of Work: Capacity Building, Intellectual property
Addressee: Philippines
Paragraph Number: 61
Session: 17 (2018)
Full Text:
Human rights defenders are increasingly targeted as terrorists for promoting and protecting decades-old guaranteed rights. This alarming trend is seen in every region. Even the Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz; former expert member of the Permanent Forum Joan Carling; and former member of the Expert Mechanism on the Rights of Indigenous Peoples José Molintas, have been declared terrorists in a petition by the Government of the Philippines. The Forum rejects this dangerous precedent and calls on the Government of the Philippines to remove their names, and the names of other indigenous leaders, from the petition and to ensure their safety as they continue promoting and protecting the rights of indigenous peoples. Further, the Forum urges the Government of the Philippines to repeal the Human Security Act, comply with its international human rights obligations and pursue its commitments under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.
Area of Work: Human Rights Defenders
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: WIPO
Paragraph Number: 11
Full Text:
The Permanent Forum also recommends that WIPO organize a second indigenous expert workshop on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions before 2021
Area of Work: Capacity Building, Intellectual property
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: Member States
Paragraph Number: 64
Session: 18 (2019)
Full Text:
The Permanent Forum reiterates its grave concerns about the situation of indigenous human rights defenders who continue to be harassed, criminalized, prosecuted or even killed for exercising their legitimate rights to protect their lands, territories and resources, especially in the context and activities of extractive industries. The Forum calls upon Member States to take a zero-tolerance approach to violence against indigenous human rights defenders, to develop and implement all measures necessary to respect and protect indigenous human rights defenders, to duly investigate any act against them and to prosecute those responsible to the full extent of the law.
Area of Work: Human rights, Human Rights Defenders
Addressee: WIPO
Paragraph Number: 10
Session: 18 (2019)
Full Text:
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.
Area of Work: Intellectual Property, Traditional Knowledge
