Recognizing the important partnership of WIPO and the Forum, the Forum makes the following recommendations to further this working relationship:
(a) The Forum strongly encourages representatives of indigenous peoples and local communities to participate actively in the work of WIPO in relation to genetic resources, traditional knowledge and traditional cultural expressions/ folklore, in particular through the submission of comments, case studies and position papers, including on the new WIPO web page established for this purpose;
(b) The Forum calls upon WIPO and member States, funds, foundations and other donors to provide funding to facilitate the participation of indigenous peoples, local communities and the Forum in sessions of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore and in related consultations, caucuses, briefings and workshops;
(c) The Forum recommends that, under the auspices of the Forum and in partnership with the Convention on Biological Diversity and the Office of the United Nations High Commissioner for Human Rights, WIPO develop, in close consultation with indigenous peoples and local communities, the Forum and other organizations and stakeholders, as appropriate, guidelines, ethical codes of conduct, best practices and practical guides relating to intellectual property issues and the access to and use of traditional cultural expressions and knowledge by, among others, commercial users, ethnologists, folklorists and anthropologists, and museums and archives;
(d) The Forum confirms its readiness and willingness to provide expert input to the work of WIPO on intellectual property, traditional knowledge and folklore, such as its work on studying how customary and indigenous laws and protocols could be recognized and applied within national, regional and international systems for the protection of traditional knowledge and cultural expressions.
It is also vital that Governments recognize indigenous peoples’ institutions, especially their representative institutions. These institutions help promote and protect the cultures, livelihoods, identities and languages of indigenous peoples and other essential elements of their lives. These institutions should be supported and strengthened as essential elements of diverse and multicultural States. The Permanent Forum notes that many Governments already recognize indigenous peoples’ representative institutions at the municipal and national levels. However, they are not yet recognized at the international level.
The Forum recommends that a meeting of international financial institutions be convened, with the
participation of the Forum, to consider issues related to their policies, procedures and relationships concerning indigenous peoples, and that a report of the meeting be prepared for consideration at
The Permanent Forum has paid particular attention to the significant increase in the infrastructure budget of the World Bank, from $15 billion to $45 billion in 2009, for the primary economies of developing States. The implications of this development in relation to the respect and protection of indigenous peoples’ rights have to be clearly understood, and the imperative of getting the free, prior and informed consent of indigenous peoples affected by infrastructure projects has to be guaranteed. The Forum also urges the World Bank to provide additional operational budget to manage this large increase in infrastructure spending. The Permanent Forum reiterates its previous recommendations that the World Bank revise its operational safeguard policies to be consistent with the provisions of the United Nations Declaration on the Rights of Indigenous Peoples.
6. The Permanent Forum congratulates the Food and Agriculture Organization of the United Nations (FAO) on the adoption of its policy on indigenous and tribal peoples and requests that FAO take measures towards the implementation of the policy at all levels, especially at the country level. Such measures include improving the capacity of FAO staff to work effectively with indigenous peoples and their organizations and establishing a mechanism for partnership. Further, the Permanent Forum requests that FAO involve it in the development of voluntary guidelines on the responsible governance of tenure of land, fisheries and forests. In addition, the Forum requests participation in the Committee on World Food Security and membership in the Committee’s advisory group.
The Permanent Forum calls upon Member States to start the work, in the context of the United Nations Convention on the Law of the Sea, of creating a place and a voice for indigenous peoples in the governance of the world’s oceans. This effort involves the participation of indigenous peoples in all aspects of the work and decision-making regarding the Convention on the Law of the Sea, including the environmental provisions and the delimitation of the continental shelf. It may also include establishing advisory committees of indigenous peoples to guide the work under the Convention, as has been done under the Convention on Biological Diversity.
This dialogue follows on the international expert group meeting on the theme “Conservation and the rights of indigenous peoples” (E/C.19/2019/7). The Permanent Forum endorses the recommendations from the meeting and urges States, conservation organizations, indigenous peoples and United Nations entities to work together in implementing the recommendations.
The Permanent Forum recommends following the example of indigenous peoples, who have been the stewards of the land and sea for millenniums. When allocating research and development funding and setting the criteria for clean development mechanism projects, policymakers at the State and multilateral levels must look beyond the simple question of whether a particular form of alternative energy or carbon absorption technique can provide a short-term reduction in greenhouse gases. Policymakers should consider the long-term sustainability of any mitigation policy they choose.
Good practices are emerging that complement public health services with traditional health practices. These practices emphasize intercultural dialogue and discussion to ensure that health care is delivered in a culturally specific way, consistent with articles 23 and 24 of the United Nations Declaration on the Rights of Indigenous Peoples. These practices should be supported and promoted.
Governments, the United Nations system and donor agencies are urged to support the formation of an international network of traditional healers who work with HIV/AIDS patients and organize expert meetings between traditional and medical practitioners on HIV/AIDS and traditional medicine.
The Permanent Forum urges States to promote and protect the rights of indigenous women and men working as journalists, communicators and as human rights defenders in accordance with international human rights law, in particular in accordance with article 16 of the Declaration, which calls for the full freedom of expression of indigenous peoples.
The Forum, taking note with appreciation of the conclusions and
recommendations of the United Nations Human Settlements Programme (UNHabitat) and the Office of the United Nations High Commissioner for Human Rights joint publication entitled “Indigenous peoples’ right to adequate housing: a global overview”, recommends that UN-Habitat, jointly with the Office of the High Commissioner, organize an expert group meeting in 2006 to review the status of progress on indigenous peoples’ housing rights globally and identify and document best practices, and report on the outcome and recommendations of the meeting to the Forum at its sixth session.