E/2019/43
E/C.19/2019/10
Self-determination is closely linked to the generation, transmission and protection of
traditional knowledge, given that indigenous peoples have the right to determine their
own conditions for safeguarding and developing their knowledge.
7.
Although there is increasing awareness in international forums related to climate
change, environmental degradation, food security and genetic resources, as well as
science, technology and innovation, of the importance of traditional knowledge,
indigenous peoples’ traditional knowledge remains threatened by misappropriation,
misuse and marginalization. Urgent action is needed to ensure that such knowledge
systems do not disappear. Furthermore, indigenous knowledge should be recognized
as an equal source of information in the inter-scientific dialogue to meet the
challenges mentioned above.
8.
The Permanent Forum welcomes the recognition of indigenous peoples’ rights
to promote and protect their knowledge, in the implementation of article 8 (j) of the
Convention on Biological Diversity, regarding traditional knowledge, innovations
and practices. The Forum also welcomes steps already taken to include indigenous
peoples in the development of the post-2020 global biodiversity framework to achieve
the vision set out in the Convention of living in harmony with nature by 2050.
9.
Regarding the negotiations taking place at the sessions of the Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge
and Folklore of the World Intellectual Property Organization (WIPO), the Permanent
Forum reiterates the urgent need to develop an instrument that responds to the current
lack of adequate protection of traditional knowledge and recognizes indigenous
peoples as equal stakeholders and the legitimate holders of their knowledge. The
Forum calls upon the Intergovernmental Committee to fast-track the negotiations and
to use its core budget to fund indigenous peoples’ participation in the deliberations.
10. The Permanent Forum recommends that WIPO commission the updating of the
technical review of key intellectual property-related issues of the WIPO draft
instruments on genetic resources, traditional knowledge and traditional cultural
expressions,
which
was
undertaken
in
2016
by
James
Anaya
(WIPO/GRTKF/IC/29/INF/10), to reflect current issues, with an emphasis on
concepts such as “balancing” and “public domain” and how these might conflict with
indigenous peoples’ human rights and customary laws, and the obligation to
incorporate and respect human rights in the work of WIPO.
11. The Permanent Forum also recommends that WIPO organize a second
indigenous expert workshop on intellectual property and genetic resources, traditional
knowledge and traditional cultural expressions before 2021.
12. In the light of the emerging international legal framework for local
communities, the Permanent Forum recommends that the Office of the United Nations
High Commissioner for Human Rights (OHCHR) prepare, in consultation with other
relevant United Nations entities, including the secretariat of the Convention on
Biological Diversity, and before 2022, a comparative legal study that analyses t he
rights of indigenous peoples and the emerging rights of local communities.
13. The Permanent Forum recognizes the arrangements made by the Conference of
the Parties to the Convention on Biological Diversity for the participation of the
International Indigenous Forum on Biodiversity and the initiative of the Conference
of the Parties to launch an international alliance for nature and culture as an inclusive
multilevel platform for parties to the Convention. The Forum underlines the need to
effectively include indigenous peoples in the negotiations of the post-2020 global
biodiversity framework to reflect the fundamental relationship between indigenous
peoples and biodiversity.
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