The Permanent Forum recommends that relevant States with indigenous peoples invite the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples to undertake country visits. The Special Rapporteur should give priority to invitations from those countries where indigenous peoples have expressed concerns about their capacity to fully enjoy and freely exercise their human rights.
The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
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.