A/HRC/36/56
together with OHCHR and UNDP, launched the United Nations Indigenous Peoples’
Partnership, which presently also includes the United Nations Children’s Fund, the United
Nations Population Fund and UNESCO. An action plan was introduced to indigenous
peoples and Member States at the fifteenth session of the Permanent Forum in May 2016.
Since then, there has been a media and awareness-raising campaign as well as a mapping of
guidelines, policies and manuals relating to indigenous issues across the United Nations
system. The Partnership has been involved in inception-phase projects that have been
implemented in six countries across Africa, Latin America and Asia. The 2015 ILO strategy
for action concerning indigenous and tribal peoples commits it to contribute actively to this
system-wide action plan. Since 2007, five additional countries have ratified the Convention
(the Central African Republic, Chile, Nepal, Nicaragua and Spain).
49.
Other United Nations agencies have also implemented the Declaration, such as the
International Fund for Agricultural Development, which has adopted a policy engagement
with indigenous peoples and established a permanent indigenous peoples forum and a
specific grant mechanism called the “Indigenous Peoples Assistance Facility”. At the
country level, it has engaged in policy dialogues in implementation of the Declaration
across Latin America, Asia and Africa.
50.
The engagement of indigenous peoples in negotiations for the 2030 Agenda for
Sustainable Development and the Paris Agreement on climate change was a step in the
right direction to help adhere to the Declaration. Unlike the Millennium Development
Goals, the Sustainable Development Goals make explicit reference to indigenous peoples’
development concerns and are founded on principles of universality, human rights, equality
and environmental sustainability — core priorities for indigenous peoples. However, some
of the main priorities for indigenous peoples are not reflected in the 2030 Agenda, such as
the principle of free prior and informed consent, the right to self-determined development,
legal recognition of indigenous peoples and their individual and collective rights.
Implementation of the Sustainable Development Goals should be culturally sensitive,
involve full participation of indigenous peoples and respect fully the Declaration. The treaty
bodies may consider requesting disaggregated data and statistics that could be used to
measure progress relating to indigenous peoples across the Goals.
51.
On 4 August 2016, after extensive consultations, the World Bank Board of Directors
approved a new set of environmental and social safeguards, including a specific
environmental and social safeguard on indigenous peoples and the historically underserved
traditional local communities of sub-Saharan Africa, in order to ensure that World Bankfunded development projects do not harm indigenous peoples and the environment. It will
be launched in 2018 to replace its existing operational policy on indigenous peoples, which
requires borrowing countries to ensure any World Bank-funded project does not harm
indigenous peoples’ rights and includes the norm of free prior and informed consent. The
new standard should be applied consistently and without waivers, such as the one granted
by the World Bank in 2016 to the United Republic of Tanzania with respect to the “
Southern Agricultural Growth Corridor of Tanzania” project, which prompted strong
condemnations from the Special Rapporteur, the African Commission on Human and
Peoples’ Rights and indigenous peoples. It is to be hoped that no further waivers will be
granted in the future.
52.
The World International Property Organization (WIPO) and UNESCO are working
on measures relating to indigenous peoples’ cultural rights, as protected under the
Declaration. The WIPO Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore is undertaking negotiations with the
objective of reaching agreement on international legal instrument(s) towards the protection
of traditional knowledge, traditional cultural expressions and genetic resources. Trademark,
copyright and patent laws, for example, all incentivize innovation by rewarding the
individual inventor or creator with monopolies over their products, with financial benefits.
By contrast, the cultural expressions and traditional knowledge of indigenous peoples are
often created collectively, passed down orally among generations, and may in some
instances be undertaken for spiritual rather than economic purposes.
53.
As articulated by representatives of indigenous peoples at the thirty-third session of
the WIPO Intergovernmental Committee, held in June 2017, it is imperative that any further
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