The Permanent Forum, with the assistance of relevant member of the Inter-Agency Support Group, and in collaboration with indigenous experts, will conduct timely technical reviews at critical stages in the negotiations of international standards on the protection of traditional knowledge, such as the international regime on access and benefit-sharing and the deliberations of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), to evaluate consistency and harmonization with existing and developing international legal instruments, standards and arrangements and, in particular, the human rights of indigenous peoples.
The Permanent Forum welcomes and endorses the recommendations of the above-mentioned workshop on indigenous traditional knowledge by emphasizing paragraphs 61-74 of the report of the Workshop (see E/C.19/2006/2).
The Permanent Forum recommends that Member States, owing to the threat of biopiracy and the pharmaceutical industry, develop legislative measures, with the full and effective participation of indigenous peoples, to protect traditional medicine and knowledge, and to secure the rights of indigenous peoples to intellectual property.
The Permanent Forum urges increased dialogue among Governments, institutions and indigenous peoples concerning the identification, incorporation and value of indigenous knowledge in all disaster risk reduction projects and programmes at the national and regional levels. The Forum recommends that the United Nations Office for Disaster Risk Reduction take into consideration the study on engaging indigenous peoples more inclusively in the disaster risk reduction process (E/C.19/2013/14) as part of the official documentation of the third World Conference on Disaster Reduction, to be held in 2015.
The Permanent Forum, noting the significance for indigenous peoples of the negotiations under way at WIPO on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions, strongly encourages representatives of indigenous peoples to participate in those negotiations, consistent with article 18 of the United Nations Declaration on the Rights of Indigenous Peoples.
Consistent with article 18 of the Declaration, the Permanent Forum requests Member States to explore and establish modalities to ensure the equal, full and direct participation of indigenous peoples in all negotiations of the Intergovernmental Committee.
The Permanent Forum calls upon States to organize regional and national consultations to enable indigenous peoples to prepare for and participate effectively in sessions of the Intergovernmental Committee.
The Permanent Forum requests that WIPO commission a technical review, to be conducted by an indigenous expert, focusing on the draft texts concerning traditional knowledge, genetic resources and traditional cultural expressions, and to provide comments thereon to the Intergovernmental Committee through the Forum. The review should be undertaken within the framework of indigenous human rights.
The Permanent Forum welcomes the decision of the Intergovernmental Committee to organize, in cooperation with the Forum, expert preparatory meetings on the Intergovernmental Committee process for indigenous peoples representing the seven geopolitical regions recognized by the Forum.
The Permanent Forum recommends that WIPO seek the participation of experts on international human rights law specifically concerning indigenous peoples so that they provide input into the substantive consultation process, in particular with reference to the language in the draft text where indigenous peoples are “beneficiaries” and other language that refers to indigenous peoples as “communities”, as well as the general alignment of the draft text of the Intergovernmental Committee with international human rights norms and principles.
The Permanent Forum reiterates to the parties to the Convention on Biological Diversity that, consistent with international human rights law, States have an obligation to recognize and protect the rights of indigenous peoples to control access to the genetic resources that originate in their lands and waters and any associated indigenous traditional knowledge. Such recognition must be a key element of the proposed international regime on access and benefit-sharing, consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum requests the Inter-Agency Support Group on Indigenous Peoples’ Issues and, specifically, those agencies working on land tenure and changes in land use, to step up cooperation in order to operationalize indicators on land tenure and changes in land use pertaining to the traditional territories (lands and waters) of indigenous peoples, as a global multipurpose indicator in order to report on status and trends, in line with the Convention on Biological Diversity, the 2030 Agenda for Sustainable Development and the United Nations Declaration on the Rights of Indigenous Peoples. All relevant funds, programmes and specialized agencies should update the Forum every year on the results of this work.