E/2022/43
E/C.19/2022/11
of industrial fishing on the rights of indigenous peoples in regard to traditional
fishing. The Permanent Forum invites the Organization to share the findings of said
study at the twenty-third session of the Permanent Forum, to be held in 2024.
58. The Permanent Forum welcomes the draft general recommendation on the rights
of indigenous women and girls of the Committee on the Elimination of Discrimination
against Women. The Permanent Forum reiterates its recommendation, contained in
the report on its twentieth session (E/2021/43, para. 32), that the general
recommendation be adopted at the earliest opportunity. The Permanent Forum invites
the Committee to share its plans for implementation of the general recommendation
at the twenty-third session of the Permanent Forum, to be held in 2024.
59. The Permanent Forum is deeply concerned about the particular vulnerabilities
of indigenous children. In this regard, it notes the study of the Expert Mechanism on
the Rights of Indigenous Peoples on the rights of the indigenous child under the
United Nations Declaration on the Rights of Indigenous Peoples ( A/HRC/48/74) and
the note by the Secretariat entitled “Update on the promotion and application of the
United Nations Declaration on the Rights of Indigenous Peoples: violence against
children” (E/C.19/2022/4), prepared in collaboration with the Special Representative
of the Secretary-General on Violence against Children. The Permanent Forum calls
upon Member States to prioritize the human rights of indigenous children and young
people, in cooperation with indigenous peoples. The Permanent Forum further calls
upon those States that have not yet ratified the Convention on the Rights of the Child,
including its three Optional Protocols – on a communications procedure, on the sale
of children, child prostitution and child pornography and on the involvement of
children in armed conflict, to do so as soon as possible.
60. The Permanent Forum urges the Government of Kenya to implement the
recommendations of the African Commission on Human and Peoples ’ Rights on the
rights of Endorois to the ownership of their ancestral lands, to the restitution thereof
and to compensation in that connection.
61. The Permanent Forum calls upon the Government of the United Republic of
Tanzania to immediately cease efforts to evict the Maasai people from the
Ngorongoro Conservation Area.
Discussion on the six mandated areas of the Permanent Forum (economic and
social development, culture, environment, education, health and human rights),
with reference to the United Nations Declaration on the Rights of Indigenous
Peoples, the outcome document of the World Conference on Indigenous Peoples
and the 2030 Agenda for Sustainable Development (item 4)
62. The Permanent Forum expresses concern over the misappropriation and misuse
of indigenous peoples’ cultural heritage, traditional knowledge and traditional
cultural expressions, and urges States and companies, in cooperation with indigenous
peoples, to take effective measures to recognize and protect their rights, in accordance
with article 31 of the United Nations Declaration on the Rights of Indigenous Peoples.
In this regard, the Permanent Forum calls upon Member States to take measures to
safeguard indigenous peoples’ rights to intellectual property by adopting laws and
public policies, in which it is recognized that indigenous peoples have the right over
their creations, knowledge, discoveries, works, traditional cultural expressions and
other elements.
63. The Permanent Forum notes that the Constitutional Court of Guatemala issued
ruling No. 2112-2016 of 24 October 2017 on indigenous peoples’ intellectual
collective property. The Permanent Forum urges Guatemala to comply with the ruling
and to adopt laws and policies, respecting the free, prior and informed consent of
indigenous peoples.
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