The Permanent Forum expresses concern regarding indigenous young people in situations in which they are increasingly migrating from their communities because of poverty, lack of economic opportunities and climate change. With a focus on Sustainable Development Goal 8, the Forum encourages ILO and IOM, in cooperation with indigenous peoples, to conduct a study, by 2021, on good practices on, opportunities for and challenges in generating culturally appropriate, decent work for indigenous young people. The study should inform the development of programmes and initiatives for indigenous youth employment, both in their communities and in the context of migration.
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Permanent Forum recommends that FAO and the International Fund for Agricultural Development (IFAD) provide special attention and support to food sovereignty and security concerns of indigenous peoples through thematic studies, the adoption of participatory methodologies, and technical and financial assistance.
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
The Permanent Forum notes that in international law, the right to adequate food and the fundamental right to be free from hunger apply to everyone without discrimination. The Permanent Forum is concerned about the implementation gap between what is legally recognized and the reality. The right to food is frequently denied or violated, often as a result of systematic discrimination or the widespread lack of applicability of indigenous peoples’ rights. The Permanent Forum recommends that States engage in an inclusive and participatory process to ensure food sovereignty and security, in accordance with the principles of free, prior and informed consent, and develop standards and methodologies and cultural indicators to assess and address food sovereignty.
The Permanent Forum welcomes the legal reforms and policies carried out in some States to recognize the right of indigenous peoples to food and food sovereignty. It would also like to encourage the remaining States to take the steps towards its recognition. The Permanent Forum encourages States to take positive actions to facilitate the capacity of indigenous peoples to strengthen traditional food systems, such as formally recognizing and demarcating indigenous territories to enable them to carry out productive food activities, in accordance with article
8 (2) (b) of the Declaration, which prohibits States from any action that has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources.
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 United Nations Conference on Sustainable Development (Rio+20) should embrace the cultural dimensions of sustainable development. The Permanent Forum recommends that the Conference approve the cultural indicators as a fourth “pillar” for the elaboration of development policies for all peoples.
The Permanent Forum acknowledges the project of the Organization for Economic Cooperation and Development (OECD), entitled “Linking indigenous peoples with regional development”, which involves indigenous leaders and communities in Australia, Canada and Sweden, and encourages OECD and its member States to expand the project.
In accordance with articles 20 and 21 of the Declaration, the Permanent Forum urges States to develop legislation, policies and programmes supporting traditional livelihoods with the full and effective participation of indigenous peoples. In particular, the Forum urges the Government of Finland to renew the Reindeer Herding Act with the full and effective participation of the Sami people
The Permanent Forum welcomes the recent adoption of the Food and Agriculture Organization of the United Nations (FAO) voluntary guidelines on the responsible governance of tenure of land, fisheries and forests in the context of national food security. The Permanent Forum recommends that FAO establish partnerships with indigenous peoples to implement the policy and guidelines with the aim of promoting secure tenure rights and equitable access to land, fisheries and forests as a means of eradicating hunger and poverty, supporting sustainable development and enhancing the environment.
The Permanent Forum urges relevant United Nations agencies, funds and programmes, including FAO, IFAD, ILO, UNEP, the United Nations Educational, Scientific and Cultural Organization, the United Nations Institute for Training and Research, UN-Women and the World Bank, to recognize and support this form of cultivation.