The Permanent Forum urges the international community to support the peace process in Mali and establish an independent monitoring committee that, in accordance with articles 7 and 37 of the United Nations Declaration, would oversee the implementation of the peace agreement of 20 June 2015, with the effective and representative participation of the Tuareg peoples.
The Permanent Forum recognizes the importance of the signing of the Final Agreement for Ending the Conflict and Building a Stable and Lasting Peace in Colombia. The Permanent Forum urges Colombia to promote and guarantee the rights of indigenous peoples, in particular by achieving the goals and indicators set out in the “ethnic chapter” of the peace agreement. The Permanent Forum urges the Special Jurisdiction for Peace of Colombia to prioritize the conduct of a high-profile investigation to highlight the violations of the collective rights of indigenous peoples that occurred during the armed conflict and to identify the patterns and perpetrators of this violence.
Acknowledging the normative work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum recommends that Member States and WIPO ensure protection against the misappropriation of the intellectual property of indigenous peoples. Member States must also enact laws and adopt policies and mechanisms to protect indigenous peoples’ intellectual property from misappropriation, including the wrongful use of their cultural heritage and traditional knowledge (including traditional knowledge of nature) and traditional cultural expressions (such as oral traditions, rites, literatures, graphic designs, textile designs, traditional sports and games, and visual and performing arts) and the manifestation of indigenous science and technology (including human and genetic resources, seeds and medicines).
Human rights defenders are increasingly targeted as terrorists for promoting and protecting decades-old guaranteed rights. This alarming trend is seen in every region. Even the Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz; former expert member of the Permanent Forum Joan Carling; and former member of the Expert Mechanism on the Rights of Indigenous Peoples José Molintas, have been declared terrorists in a petition by the Government of the Philippines. The Forum rejects this dangerous precedent and calls on the Government of the Philippines to remove their names, and the names of other indigenous leaders, from the petition and to ensure their safety as they continue promoting and protecting the rights of indigenous peoples. Further, the Forum urges the Government of the Philippines to repeal the Human Security Act, comply with its international human rights obligations and pursue its commitments under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.
The Forum welcomes the new initiatives undertaken by UNICEF with regard to indigenous children, in particular the ongoing development of a digest on the indigenous child, as well as a number of case studies aimed at understanding development programming to fulfill the rights of indigenous children. The Forum requests UNICEF to make the digest and the results of those studies available to the Forum at its third session.
The Permanent Forum acknowledges the equity policy of UNICEF and pays particular attention to vulnerable indigenous children and youth in terms of food security, shelter, health and education. UNICEF, in developing its indigenous peoples policy, should consider the standards set out in the United Nations Declaration on the Rights of Indigenous Peoples in relation to indigenous children and youth.
The Permanent Forum recommends that States and the United Nations system, including United Nations country teams, provide support, including funding, for the efforts of indigenous peoples’ institutions to preserve and revitalize their languages, with the particular goal of fluency. Such efforts may include the sharing of positive experiences and the establishment of informal networks or caucuses involved in the promotion and revitalization of indigenous languages, as well as the use of information and communications technology in indigenous languages. It is important that States provide adequate funding for language revitalization and the preservation of cultural heritage as it relates to indigenous languages. In addition, States should facilitate funding for indigenous language projects from external donors, including the private sector, in accordance with law.
The Forum recognizes the instrumental role of the Inter-Agency Network on Women and Gender Equality (IANWGE) and welcomes the identification of "indigenous women" as an emerging key issue, the creation of a task force on indigenous women and the inclusion of an item on indigenous women in its 2005 agenda. The Forum requests its secretariat to transmit to it the results of the 2005 session of IANWGE on indigenous women.
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 requests that States incorporate commitments made in the outcome document of the World Conference on Indigenous Peoples into the development of the post-2015 development agenda, especially the action points on data disaggregation, land rights, traditional knowledge, the implementation of free, prior and informed consent and access to justice presented by indigenous speakers in the thematic panels during the high-level stocktaking event, and reaffirm their commitments to indigenous peoples in the political declaration of the United Nations summit for the adoption of the post-2015 development agenda, with the following paragraph: We affirm that indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development, based on their security, of their lands, territories and resources. We commit ourselves to ensuring equal access to high-quality education that recognizes the diversity of the cultures of indigenous peoples, and to health, housing, water, sanitation and other economic and social programmes to improve their well-being, including through initiatives, policies and the provision of resources. We intend to empower indigenous peoples, including women, to deliver such programmes and commit ourselves to working with indigenous peoples to disaggregate data on indigenous peoples’ development and well-being.
Member States must take urgent measures to guarantee adequate and effective participation by indigenous peoples in the design and implementation of national plans for the transition to clean and green energy. Where States have already begun the development of such plans without the participation of indigenous peoples, they must take remedial action.