E/2009/43
E/C.19/2009/14
processes relating to the entry of extractive industries, infrastructure projects and
other development projects into their communities, consistent with the United
Nations Declaration on the Rights of Indigenous Peoples, inter alia, articles 19, 23
and 32. Furthermore, the Forum calls upon all relevant actors to ensure the
application of culturally relevant, gender-balanced and gender-based analysis and
gender budgeting as critical elements of economic and social development,
consistent with articles 21 and 44 of the Declaration.
20. The Permanent Forum calls upon those States which have granted leases,
concessions and licences on indigenous peoples’ territories for projects related to
logging, minerals, oil, gas and water without proper consultation and without
respecting the free, prior and informed consent of the indigenous peoples concerned
to review those arrangements and to address the complaints raised by indigenous
peoples in those territories.
21. The Permanent Forum recommends that patent offices worldwide establish a
mechanism whereby, when a patent is requested for a new product or procedure
derived from indigenous peoples’ resources or traditional knowledge, the origin of
this knowledge is made public or otherwise disclosed and that the necessary
consultations and negotiations take place with the indigenous peoples concerned.
22. The Permanent Forum commends the inclusion by the European Bank for
Reconstruction and Development of free, prior and informed consent in its policy on
indigenous peoples, and strongly urges other multilateral and bilateral financial
institutions to follow this example. In particular, the Forum calls upon the Asian
Development Bank to ensure that free, prior and informed consent and the
provisions of the United Nations Declaration on the Rights of Indigenous Peoples
are integrated into its revised policy on indigenous peoples. It also calls upon the
World Bank and the International Finance Corporation to review their policies and
adopt free, prior and informed consent as the central principle in their dealings with
indigenous peoples instead of the present free, prior, informed consultation. The
international financial institutions should develop a strategy to raise staff awareness
at the national and headquarters levels on indigenous peoples’ rights and
development perspectives and thereby improve their relationships with indigenous
peoples at the country level.
23. The Permanent Forum recommends that corporations, regulating bodies and
certification bodies incorporate the rights of indigenous peoples in their quality
standards, operating plans, business plans and investment plans.
24. The Permanent Forum endorses the recommendations submitted on 8 May
2009 to the fourth meeting of the Conference of the Parties to the Stockholm
Convention on Persistent Organic Pollutants by the Indigenous Peoples Caucus to
increase and ensure the formal participation of indigenous peoples in that process.
25. The Permanent Forum endorses the recommendations of the International
Technical Workshop on Indicators Relevant for Indigenous Peoples. 3
26. The Permanent Forum decides to extend the mandate of the special rapporteurs
on indigenous peoples and corporations, Carlos Mamani Condori, Elisa Canqui
Mollo and Pavel Sulyandziga, for one year, and requests them to submit a written
report to the Forum at its ninth session, in 2010.
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09-36351
See E/C.19/2009/6.
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