The Permanent Forum recommends that the United Nations Framework Convention on Climate Change and relevant parties develop mechanisms for indigenous peoples’ participation, as appropriate, in all aspects of the international dialogue on climate change, particularly the forthcoming negotiations for the next Kyoto Protocol commitment period, including by establishing a working group on local adaptation measures and traditional knowledge of indigenous peoples. The Forum encourages dialogue and cooperation among indigenous peoples, particularly indigenous women and youth, States, conservation and development organizations and donors in order to strengthen the participation of indigenous peoples in dialogue on climate change.
The Permanent Forum welcomes the decision of the Intergovernmental Committee to organize, in cooperation with the Forum, expert preparatory meetings on the Intergovernmental Committee process for indigenous peoples representing the seven geopolitical regions recognized by the Forum.
The Permanent Forum expresses appreciation to Mr. Michael Dodson for his concept paper on traditional knowledge, and recommends that the paper be widely circulated. The Permanent Forum invites States, United Nations agencies, non-governmental organizations and indigenous peoples and their organizations and academic institutions to submit written comments to the secretariat for consideration at the seventh session of the Permanent Forum. The Permanent Forum welcomes the support and notes that the recommendation in paragraph 24 of the report of the Special Rapporteur states that: “the Permanent Forum should commission a study ... to determine whether there ought to be a shift in the focus on the protection of indigenous traditional knowledge away from intellectual property law to protection via customary law ... The study should consider how indigenous traditional knowledge could be protected at an international level by utilizing customary law, including the extent to which customary law should be reflected, thereby providing guidance to States and, subsequently, protection at national and regional levels”. The Permanent Forum would particularly welcome written submissions addressing the above recommendation. The Permanent Forum re-appoints Mr. Dodson as Special Rapporteur to present a follow-up study on indigenous traditional knowledge, taking into account the written submissions, and to present the report to the seventh session of the Permanent Forum in 2008.
Alarmed at attempts to exclude indigenous peoples of Africa in the application of World Bank Operational Policy 4.10, the Permanent Forum recommends that the World Bank immediately initiate consultations with States and indigenous peoples in Africa as part of its safeguards policy review and ensure the application of safeguards to indigenous peoples of Africa, as directed by articles 19 and 41 of the Declaration.
The Permanent Forum calls upon African States and the United Nations Educational, Scientific and Cultural Organization to safeguard Indigenous Peoples’ languages and to develop culturally appropriate education systems for Indigenous children and youth. The Forum also encourages the development of initiatives to prioritize Indigenous Peoples’ knowledge systems, especially for women and girls.
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, noting the significance for indigenous peoples of the negotiations under way at WIPO on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions, strongly encourages representatives of indigenous peoples to participate in those negotiations, consistent with article 18 of the United Nations Declaration on the Rights of Indigenous Peoples.
As highlighted in article 31 of the Declaration, the Permanent Forum requests that both WIPO and States take effective measures and establish mechanisms to recognize the right of indigenous peoples to protect their intellectual property, including their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games, and visual and performing arts.
The Permanent Forum commends WIPO for the establishment of the Voluntary Fund for Accredited and Indigenous Local Communities, and urges Member States and public and private entities to contribute to the Fund to ensure its operation beyond the twenty-second session of the Intergovernmental Committee in accordance with States’ commitment to article 41 of the United Nations Declaration on the Rights of Indigenous Peoples.
Indigenous peoples in the Pacific rely on marine resources and fisheries for both livelihoods and as a food source. The Permanent Forum encourages United Nations entities to incorporate traditional knowledge into all their work in the region.
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.