The Permanent Forum invites the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination to conduct a study on the human rights abuses against Indigenous Peoples of the Sahel region by mercenaries and other non-State armed actors.
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.
Decision-making bodies, including customary and traditional bodies of conflictaffected indigenous peoples, should be recognized as legitimate parties to conflict resolution efforts. Therefore, administrative and customary authorities and traditional leaders of indigenous peoples should receive training on peaceful dispute resolution. Relevant United Nations system entities, including the Office of the United Nations High Commissioner for Refugees, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the International Organization for Migration, should mobilize the financial and technical resources necessary for the worldwide use of peacebuilding tools that have been tested with success in the Sahel and of the Congo Basin
The Permanent Forum recommends that relevant special procedures of the Human Rights Council collaborate with each other and with other human rights bodies to address the situation of indigenous human rights defenders through monitoring, mediation, analysis and the provision of concrete recommendations for the effective protection of indigenous human rights defenders.
The Permanent Forum urges Member States to contribute support to make possible the annual UNITAR training programme to enhance the conflict prevention and peacemaking capacities of indigenous peoples’ representatives so as to strengthen indigenous capacity to engage in negotiation, dialogue and peace processes to contribute to sustainable peace.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
The 2030 Agenda is now in its fourth year of implementation, yet few countries refer to indigenous peoples in their voluntary national reviews. The Permanent Forum therefore urges countries undertaking voluntary national reviews at the high-level political forum on sustainable development to include indigenous peoples under all Sustainable Development Goals.
The Permanent Forum recalls its previous recommendations on the progress of the implementation of the Chittagong Hill Tracts Peace Accord and calls upon the Government of Bangladesh to take appropriate steps in this regard on an urgent basis. In particular, the Forum urges the Government to frame rules for the Chittagong Hill Tracts Land Disputes Resolution Commission and to generate ethnically disaggregated data, including for the national census of 2021.
Human rights defenders are increasingly targeted as terrorists for promoting and protecting decades-old guaranteed rights. This alarming trend is seen in every region. Even the Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz; former expert member of the Permanent Forum Joan Carling; and former member of the Expert Mechanism on the Rights of Indigenous Peoples José Molintas, have been declared terrorists in a petition by the Government of the Philippines. The Forum rejects this dangerous precedent and calls on the Government of the Philippines to remove their names, and the names of other indigenous leaders, from the petition and to ensure their safety as they continue promoting and protecting the rights of indigenous peoples. Further, the Forum urges the Government of the Philippines to repeal the Human Security Act, comply with its international human rights obligations and pursue its commitments under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.
The Permanent Forum expresses its appreciation to the United Nations Institute for Training and Research (UNITAR) for its training programme established to enhance the conflict prevention and peacebuilding capacities of indigenous peoples’ representatives, which has provided outstanding training for 270 indigenous representatives since 2000, and recommends that this important programme be supported henceforth through the regular budget of the United Nations.
The Permanent Forum welcomes the work of the Government of Bangladesh with United Nations country offices to support peace in the Chittagong Hill Tracts. The Permanent Forum further welcomes the ongoing study on the status of implementation of the Chittagong Hill Tracts Peace Accord of 1997 and invites the Government of Bangladesh, with the full and effective participation of indigenous peoples, to report on the results of the study at the twenty-second session of the Permanent Forum, setting a timeframe for its full implementation. The Permanent Forum also calls upon the Government of Bangladesh to continue to address all forms of violence, including enforced disappearances, and sexual violence against women in the Chittagong Hill Tracts committed by law enforcement agencies.