The Permanent Forum highlights the continued misappropriation and illicit use of indigenous peoples’ intellectual property and cultural heritage by enterprises and individuals that use it for their own vested interests or benefits. The Permanent Forum stresses that the intellectual property rights held by indigenous peoples, including with regard to data and knowledge, should not be exploited or be taken by private companies and individuals without the free, prior and informed consent of the indigenous peoples concerned. The principle of free, prior and informed consent and the stringent application of relevant safeguards and policies promulgated by United Nations system entities also applies to intellectual property rights in the context of industrial, forestry, mining and other projects conducted on indigenous peoples’ lands and territories. This also applies to relevant international instruments, such as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.
The Permanent Forum urges the Government of Kenya to implement the recommendations of the African Commission on Human and Peoples’ Rights on the rights of Endorois to the ownership of their ancestral lands, to the restitution thereof and to compensation in that connection.
The Permanent Forum heard reports from Māori Indigenous Peoples that the Government of New Zealand had departed from the principles of Te Tiriti o Waitangi (Treaty of Waitangi) and taken measures against the rights of Indigenous Peoples, including the disbandment of Te Aka Whai Ora, the Māori health authority. The Forum urges the State and Government of New Zealand to uphold the distinct rights of Māori Indigenous Peoples.
The Permanent Forum reiterates that it has urged all United Nations entities and States parties to treaties concerning the environment, biodiversity and climate change to eliminate the use of the term “local communities” in conjunction with Indigenous Peoples, and to distinguish between the terms, in ongoing processes, policies and new international agreements at all levels.