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 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.
The Permanent Forum recognizes the importance of indigenous peoples knowledge systems as the basis of their development with culture and identity and therefore recommends that ongoing international processes, such as negotiations on the international regime on access and benefit-sharing of the Convention on Biological Diversity, the Ad Hoc Working Group on Long-term Cooperative Action of the United Nations Framework Convention on Climate Change, and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization, should recognize and integrate the crucial role and relevance of indigenous knowledge systems in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.