Addressee: UNFCCC, POPs, WIPO, CBD, IMO

Paragraph #31Session #10 (2011)

Full Text

The Permanent Forum recognizes the right to participate in decision-making and the importance of mechanisms and procedures for the full and effective participation of indigenous peoples in relation to article 18 of the United Nations Declaration on the Rights of Indigenous Peoples. The Forum reiterates that the United Nations Framework Convention on Climate Change, the Stockholm Convention on Persistent Organic Pollutants, the Convention on Biological Diversity, the World Intellectual Property Organization and the International Maritime Organization should facilitate indigenous peoples’ participation in their processes.

Responses

At its first session, in April 2001, WIPO Intergovernmental Committee agreed to allow the participation of certain organizations as ad hoc observers, many of them indigenous peoples’ and local communities’ organizations.In 2005, the WIPO General Assembly established the WIPO Voluntary Fund for Accredited Indigenous and Local Communities in order to enhance the participation of representatives of IPs and local communities already accredited to the Intergovernmental Committee in its sessions. The rules of the Fund were amended by the WIPO General Assembly in September 2010 to include the intersessional working groups in its scope.By mid-2011, however, the Fund had effectively run out of money.On 20 October 2011, the Government of Australia made a contribution to the Fund of 89,500 Swiss francs, an amount which should allow the Fund to continue to operate through the 20, 21 and 22 sessions of the Intergovernmental Committee planned for 2012.In view of the crucial need to ensure the adequate participation of indigenous and local communities in the negotiations, there are continuous efforts to encourage other member States and public or private entities to contribute to the Fund.The sessions of the Committee are preceded by panel presentations by members of indigenous and local communities.They are also preceded by a meeting of the indigenous consultative forum, which takes place at WIPO headquarters on the day before the opening of the session.WIPO has also appointed several indigenous experts as consultants on specific projects.Since 2009, WIPO has established an Indigenous Intellectual Property Law Fellowship Programme.Specific briefings and consultations for representatives of IPs and local communities, other observers and civil society at large are undertaken within the framework of the sessions of the Intergovernmental Committee.CBD reports that parties to the Convention remain committed to the participation of indigenous and local community representatives in the work of the Convention. CBD has established a voluntary fund to facilitate the participation of indigenous and local community representatives in meetings held under the Convention. The Conference of the Parties has established the Ad Hoc Open-ended Working Group on Article 8 (j) and related provisions which is responsible for the development and implementation of the work programme with the full participation of indigenous and local communities (ILCs). The Working Group includes enhanced participation mechanism for ILCs including the nomination of an indigenous co-chair to assist the Chairperson of the meeting, as well as an indigenous and local community bureau, and co-chairs for sub-working groups and contact groups, and enhanced opportunities to make interventions on all agenda items.

Final Report of UNPFII Session 10 (2011)