E/2011/43
E/C.19/2011/14
develop their cultural heritage and traditional knowledge and knowledge of the
properties of fauna and flora.
17. The Permanent Forum endorses the report and recommendations of the
International Expert Group Meeting on Indigenous Peoples and Forests (see
E/C.19/2011/5) and reiterates the two recommendations (paras. 18 and 20) set out
below.
18. States should recognize indigenous peoples’ rights to forests and should review
and amend laws that are not consistent with the United Nations Declaration on the
Rights of Indigenous Peoples and other international standards on indigenous
peoples’ land and natural resource rights, including over forests. This includes
indigenous peoples’ customary law on land and resource rights and the right to be
fully involved in decision-making processes.
19. Conservation, environmental and other non-governmental organizations ensure
that their forest-related programmes and policies use the human rights-based and
ecosystem approach to forest conservation. This includes the integration of the
implementation of the Declaration in their forest programmes.
20. OHCHR, the secretariat of the Permanent Forum, ILO, the World Bank Group
and other relevant United Nations entities, including United Nations country teams,
should focus on increasing the understanding of indigenous peoples’ underlying
material rights to land and the need to give material rights priority over process
rights. These agencies should undertake analytical work on how the intensity and
exclusivity criteria that are commonly encompassed in domestic property rights
systems could be understood in the context of international human rights standards
related to indigenous property rights.
21. The Permanent Forum calls upon the United Nations Framework Convention
on Climate Change and States parties thereto to develop mechanisms to promote the
participation of indigenous peoples in all aspects of the international dialogue on
climate change.
22. The Permanent Forum welcomes the adoption by the Conference of the Parties
to the Convention on Biological Diversity at its 10th meeting of the Code of Ethical
Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous
and Local Communities Relevant to the Conservation and Sustainable Use of
Biological Diversity (the Tkarihwaié:ri code of ethical conduct), 1 which arose from
a Forum recommendation made at its second session, and invites parties and
Governments, international agencies and all those working with indigenous
communities to make use of the code for research and access to, use, exchange and
management of information concerning traditional knowledge.
23. However, elements of the Tkarihwaié:ri code of ethical conduct are voluntary.
The Permanent Forum is concerned that paragraph one of the code is restrictive as it
includes the following: “They should not be construed as altering or interpreting the
obligations of Parties to the Convention of Biological Diversity or any other
international instrument. They should not be interpreted as altering domestic laws,
treaties, agreements or other constructive arrangements that may already exist.”
__________________
1
11-37063
UNEP/CBD/COP/DEC/X/42, annex, available from http://www.cbd.int/doc/decisions/cop10/cop-10-dec-42-en.pdf.
5