The Permanent Forum reiterates to the parties to the Convention on Biological Diversity, and especially to the parties to the Nagoya Protocol, the importance of respecting and protecting indigenous peoples’ rights to genetic resources consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Consistent with the objective of “fair and equitable” benefit sharing in the Convention and Protocol, all rights based on customary use must be safeguarded and not only “established” rights. The Committee on the Elimination of Racial Discrimination has concluded that such kinds of distinctions would be discriminatory.
The Permanent Forum welcomes the World Intellectual Property Organization facilitating a process, in accordance with the Declaration, to engage with indigenous peoples on matters including intellectual property, genetic resources, traditional knowledge and folklore.
Celebrating 22 years of the Convention on the Rights of the Child, which is the first legally binding international instrument affirming human rights for all children, the Permanent Forum welcomes the adoption of the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure, enabling individual claims and the use of the examination process, and urges States to accede to this important instrument regarding children in the most vulnerable situations, many of whom are indigenous, to allow them access to recourse and redress.