The Forum encourages the World Bank to ensure the full and effective participation of indigenous peoples in the formulation of the forthcoming indigenous peoples' guidebook and any revision to the operational policy BP 4.10 on indigenous peoples. The policy and practice of the World Bank and other multilateral development banks should be consistent with internationally recognized human rights of indigenous peoples. The results of the International Expert Workshop on Methodologies regarding Free, Prior and Informed Consent should serve as a guide to the World Bank in its practices pertaining to indigenous peoples
The Permanent Forum expresses its grave concern about the lack of observance and implementation of indigenous peoples’ rights, as enshrined in the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the American Declaration on the Rights of Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous Peoples. This underscores the need for more awareness-raising and capacity-building regarding indigenous peoples’ rights, not only for indigenous peoples themselves, but also for government and justice officials, as well as for private sector actors and civil society at large. In this regard, the Forum welcomes the e-learning course on indigenous peoples’ rights developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR), with the support of the Expert Mechanism and United Nations Voluntary Fund for Indigenous Peoples. The course, which is available on the OHCHR website, is a small but important contribution towards building capacities for the promotion and protection of indigenous peoples’ rights.
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.