The Permanent Forum supports the initiative of OHCHR to develop guidelines for the protection of peoples in voluntary isolation and initial contact in the Amazon Region and the Gran Chaco, which are currently under consultation with indigenous organizations and the States concerned. The Permanent Forum recommends that, in developing the guidelines, attention be directed to the United Nations Declaration on the Rights of Indigenous Peoples, particularly in terms of the right to self-determination. The organizations in closest contact with those indigenous peoples that remain in voluntary isolation or initial contact should be involved in the elaboration of these guidelines.
The Permanent Forum recommends that, during its June 2010 session, the Committee on the Application of Standards of the International Labour Conference follow up on the serious situations of violations of ILO Convention C169 mentioned in the relevant previous observations of the Committee of Experts on the Application of Conventions and Recommendations, as well as its own 2009 conclusions regarding the implementation of the Convention.
The Permanent Forum recommends that the Human Rights Council and the Committee on Economic, Social and Cultural Rights investigate the possibility of the development and acceptance of general recommendations relating to the right of indigenous peoples to self-determination by securing their access to their ancestral lands, territories and natural resources.
The Permanent Forum welcomes and endorses the recommendations of the above-mentioned workshop on indigenous traditional knowledge by emphasizing paragraphs 61-74 of the report of the Workshop (see E/C.19/2006/2).
The Permanent Forum welcomes the announcement by New Zealand to endorse the United Nations Declaration on the Rights of Indigenous Peoples and the announcement by the United States of America that it will review its position on the Declaration. It also welcomes the indication by Canada in the 2010 Speech from the Throne that it will take steps to endorse the Declaration. The Forum recommends that the United States and Canada expedite their commitments made to endorse the Declaration
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), and given that the situation of the indigenous peoples of the Chittagong Hill Tracts remains a matter of concern, the Forum encourages the Government of Bangladesh to allocate sufficient human and financial resources and set a time frame for the full implementation of the Accord.
The Permanent Forum decides to hold an international expert group meeting to discuss in greater detail the way in which the Forum should address its mandate under article 42 of the Declaration.
The Permanent Forum calls upon the Government of the United Republic of
Tanzania to immediately cease efforts to evict the Maasai people from the
Ngorongoro Conservation Area.
Mindful of the human rights violations experienced by indigenous peoples, the Permanent Forum encourages States, in particular those in the Pacific region, to recognize and implement the basic fundamental human rights articulated in the Declaration, particularly the right to self-determination.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
As a result of the dialogue between the expert members of the Permanent Forum and Member States, the Forum recommends that all Member States:
(a) Prepare, for the Forum at its sixteenth session, reports on the implementation of the United Nations Declaration in their countries, with a focus on progress and outstanding issues, in particular in relation to legislative measures;
(b) In recognition of the tenth anniversary of the adoption of the United Nations Declaration, organize activities to commemorate the adoption at various levels, from local to national, including to raise public awareness of the Declaration and the progress achieved.
Given increased violence against indigenous peoples in the Amazon region, the Permanent Forum urges the Member States of the region to take urgent, extraordinary and coordinated measures to protect the individual and collective rights of indigenous peoples, with the aim of maintaining their ownership and use of their territories. The Forum also calls upon the United Nations system and specialized agencies, including OHCHR, the United Nations Environment Programme, the United Nations Development Programme (UNDP), the Food and Agriculture Organization of the United Nations (FAO) and ILO, to support Member States in the protection of indigenous peoples’ habitats and cultures in the Amazon region in cooperation with indigenous peoples.