E/2012/43
E/C.19/2012/13
industrial practices, including an ethical code of conduct committing private entities
operating in the Arctic to not engage in practices harmful to the environment and to
respect human rights, particularly those of Arctic indigenous peoples.
Comprehensive dialogue with the World Intellectual Property Organization
43. The Permanent Forum on Indigenous Issues held an in-depth dialogue with
WIPO on 10 May 2012. The Forum welcomed the participation of WIPO and
expressed appreciation for its report on activities in support of indigenous peoples
(E/C.19/2012/5).
44. The Permanent Forum commends the work of WIPO, as there are many areas
of work that have a strong focus for indigenous peoples, in particular the
Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore. The Forum also notes that there are initiatives
that enable indigenous peoples to participate in the work of WIPO, such as the
Voluntary Fund for Accredited Indigenous and Local Communities, which facilitates
the attendance of indigenous people at meetings, the Indigenous Intellectual
Property Law Fellowship Programme and capacity-building workshops.
45. The Permanent Forum commends WIPO for the establishment of the Voluntary
Fund for Accredited and Indigenous Local Communities, and urges Member States
and public and private entities to contribute to the Fund to ensure its operation
beyond the twenty-second session of the Intergovernmental Committee in
accordance with States’ commitment to article 41 of the United Nations Declaration
on the Rights of Indigenous Peoples.
46. 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.
47. The Permanent Forum demands that WIPO recognize and respect the
applicability and relevance of the Declaration as a significant international human
rights instrument that must inform the Intergovernmental Committee process and the
overall work of WIPO. The minimum standards reflected in the Declaration must
either be exceeded or directly incorporated into any and all WIPO instruments that
directly or indirectly impact the human rights of indigenous peoples.
48. The Permanent Forum appoints Mr. Paul Kanyinke Sena, a member of the
Forum, to undertake a study to examine challenges in the African region to
protecting traditional knowledge, genetic resources and folklore, and to report
thereon to the Forum in 2014.
49. 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.
50. The Permanent Forum requests that WIPO commission a technical review, to
be conducted by an indigenous expert, focusing on the draft texts concerning
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