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.
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
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 Forum welcomes the new initiatives undertaken by UNICEF with regard to indigenous children, in particular the ongoing development of a digest on the indigenous child, as well as a number of case studies aimed at understanding development programming to fulfill the rights of indigenous children. The Forum requests UNICEF to make the digest and the results of those studies available to the Forum at its third session.