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 __________________ 2 14/29 www.un.org/development/desa/indigenouspeoples/wp -content/uploads/sites/19/2021/04/ Regional-Dialogues_2020-21-Final.pdf. 21-06102

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