The Permanent Forum welcomes the ruling of the Inter-American Court of Human Rights in the case of Saramaka People vs. Suriname (28 November 2007), which aptly applies the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum urges the Working Group of the Organization of American States, which is elaborating the draft American declaration on the rights of indigenous peoples, to consider the United Nations Declaration on the Rights of Indigenous Peoples as the minimum standard.
The Forum takes note of the recommendations of the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples following his latest visits to Chile, Colombia and Mexico. The Forum calls upon the Office of the High Commissioner to elaborate technical cooperation programmes to assist in the implementation of the recommendations.
The Permanent Forum appreciates the invitation to participate in the Second Continental Summit of Indigenous Communication, to be held in Oaxaca, Mexico, in 2013 and recommends that Forum members Saul Vicente Vazquez and Alvaro Pop attend the Summit.
The Permanent Forum is concerned that, in their efforts to achieve the Sustainable Development Goals, Member States are not complying with the Declaration. In one case, the Committee on the Elimination of Racial Discrimination requested that Norway temporarily suspend the ongoing construction of the Fosen Vind onshore wind power project, which negatively affects the reindeer herding of the South Sami people. The Government of Norway, having concluded that its administrative and legal processes were sufficient, did not implement the interim measures. The Forum urges Member States to respect and comply with decisions made by the United Nations treaty bodies.
The Permanent Forum urges the funds, programmes and specialized agencies to have a special focus on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the system-wide action plan in a few designated countries in 2017 and 2018 and led by the United Nations resident coordinators. In selecting those countries for joint action, special attention should be given to countries that already are under focus, such as those that are carrying out voluntary national reviews for the high-level political forum on sustainable development, those that are under review by the Working Group on the Universal Periodic Review, those that are in the preparatory phases for a new United Nations Development Assistance Framework, or those in which a dialogue process between the State and the indigenous peoples is taking place.
On the basis of information received at its second session, the Forum expresses its deep concern about the reported atrocities committed against the Pygmy people in the Democratic Republic of the Congo and the Kuna people of Panama, and atrocities committed against indigenous peoples in other regions of the world. It urges the entire United Nations system as well as the appropriate bodies to take appropriate action.
The Permanent Forum urges the funds, programmes and agencies of the United Nations system to cooperate with States and indigenous peoples in the development and implementation of national action plans, strategies and other measures that aim to achieve the ends of the Declaration, including by providing support for the advancement and adjudication of the collective rights of indigenous peoples to their lands, territories and resources.
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
The Permanent Forum expresses its concern for the human rights of indigenous peoples in the Non-Self-Governing Territories in the Pacific region and calls on the United Nations Human Rights Council to designate a Special Rapporteur on the situation of indigenous peoples of those territories.
The Permanent Forum calls on States to consult with indigenous peoples in a manner that fully respects their obligations under the Declaration and fully responds to the goals, needs and rights of indigenous peoples in the development and design of relevant legislation.
The Permanent Forum recommends that the Government of Paraguay should make resolute progress towards the development of a land registry that will facilitate land titling, and thus the recovery of land by indigenous communities and the territorial reconstitution of their respective peoples.
The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.