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.
The Permanent Forum requests that UNICEF, when completing its strategic policy framework on indigenous peoples, include indigenous youth in the design of the policy. In addition, particular attention is needed to reflect the diversity among indigenous children and to focus on vulnerable groups, such as victims of human trafficking and child pornography, as well as groups facing manifold discrimination based on gender, disability or sexual orientation.
Furthermore, States should strengthen measures, systems and resources to effectively address all forms of violence against indigenous women, such as female genital mutilation; child marriage; sexual abuse; forced labour; modern slavery; domestic, institutional and political violence, including in the context of forced displacement; sexual exploitation; trafficking; armed conflict; and the militarization of indigenous lands and territories.