E/2021/43
E/C.19/2021/10
58. The Permanent Forum welcomes the recent decision to establish an Ibero American Institute of Indigenous Languages, with the support of the Fund for the
Development of the Indigenous Peoples of Latin America and the Caribbean and
member States of the region, within the framework of the XXVII Ibero -American
Summit of Heads of State and Government held in Soldeu, Andorra, in April 2021,
and encourages other regions to follow this initiative.
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 (item 4)
59. With the COVID-19 pandemic preventing in-person meetings, the Permanent
Forum held virtual regional dialogues with indigenous peoples from all seven
sociocultural regions of the world in preparation for its twentieth session. The
dialogues highlighted cross-cutting issues affecting indigenous peoples across the
globe, including the adverse effects of the pandemic, discrimination, the need for
disaggregated data, and indigenous peoples’ rights to lands, territories and resources.
A full summary of the regional dialogues is available at the Permanent Forum
website. 2 The Forum is committed to continuing to organize virtual regional dialogues
in the context of building back better and the recovery from the pandemic. The
Permanent Forum invites the secretariat of the Forum to continue to support these
dialogues.
60. The Permanent Forum highlights the continued misappropriation and illicit use
of indigenous peoples’ intellectual property and cu ltural heritage by enterprises and
individuals that use it for their own vested interests or benefits. The Permanent Forum
stresses that the intellectual property rights held by indigenous peoples, including
with regard to data and knowledge, should not be exploited or be taken by private
companies and individuals without the free, prior and informed consent of the
indigenous peoples concerned. The principle of free, prior and informed consent and
the stringent application of relevant safeguards and policie s promulgated by United
Nations system entities also applies to intellectual property rights in the context of
industrial, forestry, mining and other projects conducted on indigenous peoples’ lands
and territories. This also applies to relevant international instruments, such as the
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing
of Benefits Arising from their Utilization to the Convention on Biological Diversity.
61. Acknowledging the normative work of the Intergovernmental Committee on
Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of
the World Intellectual Property Organization (WIPO), the Permanent Forum
recommends that Member States and WIPO ensure protection against the
misappropriation of the intellectual property of indigenous peoples. Member States
must also enact laws and adopt policies and mechanisms to protect indigenous
peoples’ intellectual property from misappropriation, including the wrongful use of
their cultural heritage and traditional knowledge (including traditional knowledge of
nature) and traditional cultural expressions (such as oral traditions, rites, literatures,
graphic designs, textile designs, traditional sports and games, and visual and
performing arts) and the manifestation of indigenous science and technology
(including human and genetic resources, seeds and medicines).
62. The Permanent Forum is concerned that the ruling of the African Court on
Human and Peoples’ Rights on the Ogiek community in the Mau forest in Kenya has
still not been implemented and calls on the Government of Kenya to urgently implement
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