A/67/301
for the lands, territories and resources which they have traditionally owned,
occupied or used and which have been taken, occupied, used or damaged without
their free, prior and informed consent.
47. In the view of the Special Rapporteur, the Guidelines could be improved upon
by taking more fully into account the special standards and considerations that apply
to indigenous peoples. The Special Rapporteur has consistently argued against
restrictive interpretations of texts that bear upon human rights, preferring to adopt
broad and progressive understandings of written instruments when possible and also
to encourage States and other actors always to implement guidelines and policies
concerning indigenous peoples in accordance with the spirit and terms of the
Declaration.
48. It is worth noting that, in the past, FAO has made important strides in its
recognition of indigenous rights, particularly through the development of its policy
on indigenous and tribal peoples of 2010. That policy affirms, among its core
objectives for engagement with indigenous peoples, that when there is a direct
impact on or relation to indigenous peoples’ issues, FAO will follow the provisions
of the Declaration on the Rights of Indigenous Peoples that relate to free, prior and
informed consent.
3.
World Intellectual Property Organization
49. The World Intellectual Property Organization (WIPO) is a United Nations
specialized agency that advances the protection of intellectual property globally.
The involvement of indigenous peoples at WIPO has been focused on ensuring that
adequate measures are developed to protect their genetic resources, traditional
cultural expressions (music, art, design, names, symbols, handicrafts and the like)
and traditional knowledge (acquired and accumulated by indigenous peoples over
time) against misuse and misappropriation, as well as to share equitably in the
benefits from the commercialization of these assets.
50. The WIPO Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore, established in 2000, provides a
forum in which member States can discuss intellectual property issues which arise
in relation to traditional knowledge, traditional cultural expressions, genetic
resources and benefit-sharing. In 2009, the WIPO General Assembly authorized the
Committee to undertake negotiations, with the intention of reaching an agreement
on the text of an international instrument (or instruments) that would effectively
protect traditional knowledge, traditional cultural expressions and genetic resources
within existing intellectual property regimes.
51. Key issues for indigenous peoples, which have been discussed in the context
of the negotiations, relate to whether the text of the instruments will incorporate the
recognition that indigenous peoples are the holders of rights to traditional
knowledge and traditional cultural expressions and whether the instrument(s) will
affirm the obligation of States to obtain the free, prior and informed consent of
indigenous peoples in relation to the appropriation of traditional knowledge and
cultural expressions. Representatives of indigenous peoples suggest that some
progress has been made on these questions. However, there are outstanding issues
regarding the forms of traditional knowledge or cultural expressions which might be
protected by the instruments to be developed.
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