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E/C.19/2022/11
indigenous peoples are seized and livelihoods are destroyed to the detriment of their
knowledge, cultures and languages. In that respect, it is important to remind Member
States of their duty to protect.
6.
Moreover, the Guiding Principles on Business and Human Rights outline the
rights of indigenous peoples. According to the Guiding Principles, businesses have a
corporate responsibility to respect human rights.
7.
Appropriate legislation, effective enforcement and participation by indigenous
peoples are crucial to ensure that business activities that impact indigenous peoples ’
communities in any manner are guided by the obligation to respect human rights and
the environment.
8.
Businesses, in their human rights due diligence processes, should meaningfully
engage with indigenous peoples as rights holders in business decisions a nd outcomes
affecting them. In that regard, free, prior and informed consent should be understood
as their right to give or withhold consent.
9.
The Permanent Forum recommends that the International Labour Organization
(ILO), the World Bank, the Food and Agriculture Organization of the United Nations
(FAO) and other relevant United Nations system agencies, in cooperation with the
Permanent Forum, study and summarize practices regarding the implementation of
free, prior and informed consent globally, that they widely disseminate successful
experiences and that they present their findings to the Permanent Forum at its twenty fourth session, to be held in 2025.
10. Member States must take urgent measures to guarantee adequate and effective
participation by indigenous peoples in the design and implementation of national
plans for the transition to clean and green energy. Where States have already begun
the development of such plans without the participation of indigenous peoples, they
must take remedial action.
11. The Permanent Forum invites the World Trade Organization to prepare an
analysis of the ways in which indigenous peoples are affected by and included in
international trade agreements and treaties, and to present it to the Permanent Forum
at its twenty-third session, to be held in 2024.
12. The Permanent Forum invites the Special Rapporteur of the Human Rights
Council on the situation of human rights defenders to prepare a study on the drivers
of attacks against indigenous human rights defenders in business contexts and invites
the Special Rapporteur to share information on progress with the Permanent Forum
at its twenty-second session, to be held in 2023.
13. The Permanent Forum underlines the crucial role of languages, traditional
knowledge and cultural heritage in the economic development of indigenous peoples,
as well as their entrepreneurship role for the enjoyment of their rights to culture,
language and traditional knowledge.
14. The Permanent Forum regrets the lack of progress in enhancing partici pation by
indigenous peoples at the World Intellectual Property Organization and reiterates
previous requests that that Organization adopt a legally binding document to protect
the traditional knowledge and intellectual property of indigenous peoples.
15. The Permanent Forum requests ILO, IFAD and the United Nations Development
Programme to prepare a study, in collaboration with indigenous peoples, summarizing
the experience of implementing programmes for indigenous peoples on
socioeconomic development, focussing on best practices in entrepreneurship and
creative industries, and to present it to the Permanent Forum at its twenty -third
session, to be held in 2024.
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