Acknowledging the normative work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum recommends that Member States and WIPO ensure protection against the misappropriation of the intellectual property of indigenous peoples. Member States must also enact laws and adopt policies and mechanisms to protect indigenous peoples’ intellectual property from misappropriation, including the wrongful use of their cultural heritage and traditional knowledge (including traditional knowledge of nature) and traditional cultural expressions (such as oral traditions, rites, literatures, graphic designs, textile designs, traditional sports and games, and visual and performing arts) and the manifestation of indigenous science and technology (including human and genetic resources, seeds and medicines).
The Permanent Forum recommends that the Special Programme of Research, Development and Research Training in Human Reproduction take the lead, in collaboration with OHCHR, UNFPA and WHO, in conducting an initial study on the global scope of past forced sterilization programmes of indigenous peoples and determine whether such programmes continue to exist, and report to the Forum at its nineteenth session on the progress made.
The Permanent Forum urges the Governments of Canada and the United States to respect the right of indigenous nations to determine their own membership, in accordance with article 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that the Pacific States endorse and implement the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum urges the international community to support the peace process in Mali and establish an independent monitoring committee that, in accordance with articles 7 and 37 of the United Nations Declaration, would oversee the implementation of the peace agreement of 20 June 2015, with the effective and representative participation of the Tuareg peoples.
States should take effective measures to eliminate violence against indigenous peoples by studying the root causes of conflict and human rights abuses, developing indicators and methodologies for risk assessment and early warning mechanisms and improving national legislation for the administration of justice with regard to the perpetrators of war crimes.
The Permanent Forum calls on States to consult with indigenous peoples in a manner that fully respects their obligations under the Declaration and fully responds to the goals, needs and rights of indigenous peoples in the development and design of relevant legislation.
The Forum expresses its great concern about the effects of armed conflict on indigenous women and children, and recommends that a workshop be convened with the framework of the 10-year review of the Beijing Declaration and Platform for Action in order to formulate strategies to protect vulnerable groups, such as indigenous peoples, especially taking into account the vulnerabilities of indigenous women and children. These strategies should incorporate capacity-building of indigenous women living in areas of armed conflict or in precarious circumstances.
The Permanent Forum recommends that the Plurinational State of Bolivia should consider implementing the resolutions of the National Agrarian Reform Institute regarding the revocation of land titles on grounds of servitude in all matters affecting not only the freedom of individuals, but also the recovery of land for communities, thereby preventing legal proceedings from stalling a reform process that defends, promotes and protects human rights.
The Forum recommends that the United Nations system, particularly the Office of the United Nations High Commissioner for Human Rights and UNEP, taking note of the World Bank's extractive industries review, organize a workshop on resource extraction and indigenous peoples to further discuss such issues as corporate accountability and the rehabilitation of mined out areas, polluted water bodies and compensation of adversely affected communities, sustainable development and land rights, with a view to developing a mechanism to address the issues.
The Permanent Forum reiterates the regrets that it expressed at its twenty-first session regarding the very high and inhumane incarceration rates of Indigenous Peoples globally, which contribute to poor health, poverty and early and preventable deaths. The Permanent Forum repeats its previous recommendation to the Unit ed States of America on the grating of clemency to Leonard Peltier. Owing to his age and poor health, his release is a humanitarian imperative.
The Permanent Forum reiterates its position, as stated in the report on its twentieth session (E/2021/43, para. 10), urging Colombia to promote and guarantee the rights of indigenous peoples, in particular by achieving the goals and indicators set out in the “ethnic chapter” of the peace agreement. In this regard, the Permanent Forum wishes to offer its support, within the terms of its mandate, to facilitate dialogues between the Government of Colombia and indigenous peoples.