The Permanent Forum recommends that WIPO seek the participation of experts on international human rights law specifically concerning indigenous peoples so that they provide input into the substantive consultation process, in particular with reference to the language in the draft text where indigenous peoples are “beneficiaries” and other language that refers to indigenous peoples as “communities”, as well as the general alignment of the draft text of the Intergovernmental Committee with international human rights norms and principles.
The Permanent Forum, with the assistance of relevant member of the Inter-Agency Support Group, and in collaboration with indigenous experts, will conduct timely technical reviews at critical stages in the negotiations of international standards on the protection of traditional knowledge, such as the international regime on access and benefit-sharing and the deliberations of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), to evaluate consistency and harmonization with existing and developing international legal instruments, standards and arrangements and, in particular, the human rights of indigenous peoples.
The Permanent Forum remains concerned about the state of formal education for indigenous young people and calls upon States to fully fund bilingual and culturally appropriate primary, secondary and tertiary education programmes led by indigenous peoples, including mobile education initiatives for nomadic and semi-nomadic communities. Supporting informal and formal indigenous education systems is crucial in order to maintain and transmit traditional indigenous knowledge systems.
The Permanent Forum urges the States members of the World Intellectual Property Organization to ensure the full participation of Indigenous People, including developing safeguards to protect their knowledge and adopting a treaty to protect Indigenous Peoples’ genetic resources and associated traditional knowledge and medicine, at the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge to be held in 2024.
Scientists, policymakers and the international community as a whole should undertake regular consultations with indigenous peoples so that their studies and decisions will be informed by indigenous peoples’ traditional knowledge and experiences. The Permanent Forum can play a role in ensuring that the traditional knowledge and best practices of indigenous peoples relevant to fighting climate change and its impacts will be considered in the negotiation processes leading to the Copenhagen Conference of the Parties to the United Nations Framework Convention on Climate Change and beyond, including through discussions with the United Nations Framework Convention on Climate Change.
Consistent with article 18 of the Declaration, the Permanent Forum requests Member States to explore and establish modalities to ensure the equal, full and direct participation of indigenous peoples in all negotiations of the Intergovernmental Committee.
The Permanent Forum recommends that the secretariat of the Convention on Biological Diversity facilitate the holding of an indigenous peoples’ expert workshop on traditional knowledge in a timely manner in order to feed into the fifth meeting of the Advisory Group on Article 8 (j) and Related Provisions and the fifth and sixth meetings of the Ad Hoc Open-Ended Working Group on Access and Benefit-sharing in order to support the elaboration by indigenous peoples of recommendations on an international regime on access and benefit-sharing. The meeting could be organized back-to-back with the meeting of the Inter-Agency Support Group on Indigenous Issues in order to take advantage of the presence of some United Nations agencies, which will be able to provide technical support and information.
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.
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 reiterates to the parties to the Convention on Biological Diversity that, consistent with international human rights law, States have an obligation to recognize and protect the rights of indigenous peoples to control access to the genetic resources that originate in their lands and waters and any associated indigenous traditional knowledge. Such recognition must be a key element of the proposed international regime on access and benefit-sharing, consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum welcomes and endorses the recommendations of the above-mentioned workshop on indigenous traditional knowledge by emphasizing paragraphs 61-74 of the report of the Workshop (see E/C.19/2006/2).
The Forum recommends that the United Nations system consider the following recommendations:
(a) The United Nations system should fully explore the protection, use and promotion of indigenous (including traditional) knowledge and ensure synergies across the relevant bodies currently investigating the issues (specifically the World Intellectual Property Organization, UNESCO, the United Nations Conference on Trade and Development, the World Health Organization, the Office of the United Nations High Commissioner for Human Rights and others) and furthermore should invite the Forum to participate;
(b) UNESCO should continue to investigate indigenous pedagogy and its application to indigenous education in collaboration with the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples and the Forum and other relevant bodies. The study should include the use of such strategies as boarding schools and both their negative and positive effects. To assist with this investigation into indigenous education, UNESCO is urged to facilitate regional conferences and a global forum on indigenous education to identify both barriers to educational equity and good practice;
(c) The Forum calls upon Governments and UNESCO to give more attention (by increasing their budgets) to developing quality indigenous education policies (with the participation of indigenous peoples) to achieve the Dakar objectives. “Education for all” is one of the fundamental objectives of the World Education Forum that should be achieved by 2015;
(d) The Forum encourages the United Nations Children’s Fund, UNESCO and other agencies to continue to support, in cooperation with indigenous peoples, intercultural and bilingual education programmes and to promote in particular the right of education for girls;
(e) The Forum should work with UNITAR to coordinate training for indigenous peoples within the United Nations system;
(f) UNESCO is requested to facilitate a world indigenous education conference, with appropriate United Nations partners (the Forum, UNESCO, UNITAR etc.), Member States and indigenous peoples. Furthermore, UNESCO should invite indigenous peoples and the Forum to participate in United Nations activities in the field of education. UNESCO has recently completed and distributed a publication on best practices for indigenous peoples education and this should be promoted throughout the international community;
(g) UNICEF advocates bilingual and cross-cultural education for indigenous peoples and conducts schools for girls and women’s literacy programmes in Latin America, and this initiative should be further encouraged and expanded;
(h) The Forum recommends that relevant agencies and Governments, on a regional basis, should provide technical services and the political and moral support needed for the creation, recognition and functioning of future international indigenous universities;
(i) Taking into account the importance of UNESCO national commissions, the Forum recommends that the Economic and Social Council and Governments facilitate the participation of indigenous peoples in the regional commissions with the incorporation of indigenous representation;
(j) The Forum, to underscore the crucial role of language skills to sustainable development and in celebration of the United Nations Year on Education for Sustainable Development (2005), recommends that the secretariat of the Forum, together with the United Nations Development Programme, UNICEF and UNESCO, explore the possibility of organizing a regional workshop in Asia or Africa on the theme “Indigenous children and language education”, to discuss policies, programmes and practical experiences with bilingual education to strengthen additive learning through the use of mother tongue and the “indigenization” of curricula in formal schooling, among members of the Forum, United Nations agencies, Governments (especially departments of education), indigenous and tribal representatives and indigenous education experts.