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. 6/28 19-08162

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