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 Permanent Forum takes note of the report (E/C.19/2014/8) and recommendations of the expert group meeting, and reiterates and supports the recommendations contained in paragraphs 62, 63, 64, 70 and 72 of the report, as set out below, which are specifically addressed to entities of the United Nations system and States Members of the United Nations.
The Permanent Forum calls on the chairs of the Open Working Group on Sustainable Development Goals to address inequalities through the sustainable development goals, with a special focus on indigenous peoples, in order to uphold human rights for all, eliminate discrimination, reduce inequalities and ensure that no one is left behind.
The Permanent Forum welcomes the study on Indigenous determinants of health in the 2030 Agenda for Sustainable Development (E/C.19/2023/5), presented at its twenty-second session. The Permanent Forum calls upon Member States and United Nations entities, particularly WHO, to adopt indigeneity as an overarching determinant of health, including in relation to the relevant Sustainable Development Goals and in policies and practices across the United Nations system.
The Permanent Forum expresses concern that indigenous peoples are not receiving adequate information regarding the achievement of the Sustainable Development Goals at the national level and encourages Governments, United Nations entities, indigenous peoples and civil society organizations to convene workshops and other forums to ensure their effective participation in implementing the 2030 Agenda.
The Permanent Forum recommends that United Nations entities, including the Inter-Agency Support Group on Indigenous Peoples’ Issues, take effective measures to support the promotion of indigenous languages and the successful implementation of the goals and objectives of the International Year, including in activities related to the implementation of the 2030 Agenda for Sustainable Development, the systemwide action plan on the rights of indigenous peoples, the celebration of international days and other processes.
The Permanent Forum recommends that relevant countries among the 44 countries undergoing voluntary national reviews at the high-level political forum in 2017 include indigenous peoples in their reviews, reports and delegations. The Forum invites those Member States to report on good practices of including indigenous peoples’ indicators in the voluntary national reviews to the Forum at its seventeenth session.
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.
The Permanent Forum recommends that the International Finance Corporation establish a mechanism of engagement with indigenous peoples in the context of its sustainability framework, including Performance Standard 7, on indigenous peoples.
The Permanent Forum recommends that the Inter-Agency and Expert Group on Sustainable Development Goal Indicators engage with indigenous peoples in developing key indicators relating to indigenous peoples’ rights to their lands, territories and resources, traditional knowledge, free, prior and informed consent, empowerment of indigenous women, access to justice and special measures addressing the particular circumstances of indigenous peoples regarding relevant poverty, health, education and socioeconomic development targets of the 17 goals.
The Permanent Forum urges Member States and United Nations entities, in particular the World Health Organization (WHO), to recognize that Indigenous views of human and planetary health must be central to the 2030 Agenda for Sustainable Development and emphasizes the central need to stabilize and regenerate the biosphere as essential for protecting humanity. The right to a clean, healthy and sustainable environment, the right to health and development and the rights of Indigenous Peoples must be seen as interconnected and essential to an integrated planetary health governance framework.
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.