infoJustice

By Andres Izquierdo, Counsel, PIJIP, American University

At the 38th session of WIPO’s Program and Budget Committee (PBC), the Delegation of Colombia, speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), introduced a proposal to address the ongoing funding crisis that threatens the participation of Indigenous Peoples in WIPO’s norm-setting processes. The proposal calls for the internal reallocation of existing budgetary resources to ensure minimum, stable support for Indigenous and local community representatives at meetings of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).

Colombia emphasized that the proposal had the support of most GRULAC members and was developed in consultation with delegations from other regional groups. It was presented in response to the exhaustion of the WIPO Voluntary Fund, a mechanism created in 2005 (WO/GA/32/6) to support Indigenous participation but which has remained underfunded for years. The Delegation warned that the lack of resources—ongoing for more than a year—has already undermined inclusive participation in discussions directly impacting the rights and interests of Indigenous communities.

Crucially, the GRULAC proposal does not introduce any new budgetary burdens. Instead, it draws on WIPO’s existing financial rules to allow internal reallocations, enabling at least two Indigenous representatives to attend each IGC session. This approach mirrors a precedent set in 2016 (IGC 31), when Member States—including Switzerland, Australia, New Zealand, Chile, and Peru—pushed for the inclusion of a contingent allocation from WIPO’s regular budget to temporarily support the Fund after its depletion (PBC/24). That 2016 compromise demonstrated that practical solutions can be implemented without amending the program budget or creating new financial obligations.

Civil society organizations, including the South Centre, have long argued for the institutionalization of Indigenous participation through predictable, core budget allocations rather than reliance on inconsistent voluntary donations. GRULAC’s proposal responds to those calls and to the broader imperative of inclusive governance in global IP policymaking.

No Member State objected to the proposal when it was introduced. However, the Chair deferred the final decision to an informal session to allow further review and discussion. GRULAC expressed its openness to constructive input from all delegations.

As WIPO reflects on equity, access, and institutional coherence, this proposal offers a critical opportunity to reaffirm that the voices of Indigenous Peoples must not be sidelined in shaping international legal norms. The forthcoming informal session of the PBC 39th will be a key moment for Member States to move from recognition to action in ensuring meaningful, sustained Indigenous participation at WIPO.