The Permanent Forum welcomes the study on Indigenous determinants of health in the 2030 Agenda for Sustainable Development (E/C.19/2023/5), presented at its twenty-second session. The Permanent Forum calls upon Member States and United Nations entities, particularly WHO, to adopt indigeneity as an overarching determinant of health, including in relation to the relevant Sustainable Development Goals and in policies and practices across the United Nations system.
The Forum recommends that the United Nations and Member States recognize the cultural rights of indigenous peoples which include the rights to organize oneself freely and to administer one’s own cultural, sports, social and religious institutions. For this purpose, the Forum encourages the United Nations and the relevant specialized agencies to consider establishing an international centre for multicultural and multiracial studies.
The Permanent Forum calls upon States that have not already done so to engage in constructive partnerships with indigenous peoples to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to adopt specific action plans, strategies or other measures that will deliver required financial and technical assistance to indigenous peoples in order for them to achieve and exercise self-determination.
The Permanent Forum recommends that the Human Rights Council mandate the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with the contribution of the United Nations Special Rapporteur on the rights of indigenous peoples, to undertake a study on incarceration, deaths in custody and indigenous peoples
The Permanent Forum recommends that the Ad Hoc Working Group on Access and Benefit-sharing consider at its next meeting the report of the international indigenous and local community consultation on access and benefit-sharing and the development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).
The Permanent Forum highlights that unprincipled positions and actions of States undermine indigenous peoples’ human rights and the United Nations Declaration and that such conduct prejudices indigenous peoples globally and serves to weaken the international human rights system. States must therefore take steps, in conjunction with indigenous peoples, to ensure that their commitments and obligations are not violated in other international forums, especially following the World Conference on Indigenous Peoples. In accordance with both the outcome document of the World Conference and the United Nations Declaration, States, in conjunction with indigenous peoples, should develop legislation and mechanisms at the national level to ensure that laws are consistent with the United Nations Declaration
The Permanent Forum recommends that the Human Rights Council include, where appropriate, the question of treaties, agreements and other constructive arrangements pertaining to indigenous peoples when undertaking its universal periodic review of States members.
The Permanent Forum recommends that the Commission on Human Rights adopt creative methods of work, with particular regard for the full and effective participation of indigenous peoples, including the appointment of an indigenous Co-Chair of the working group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214
The Permanent Forum recommends that Member States take measures to advance indigenous women’s right to intercultural health through its inclusion in legal frameworks and public policies, as well as programmes to guarantee culturally, geographically and financially appropriate health and social services.
The Permanent Forum invites the Special Rapporteur of the Human Rights
Council on the situation of human rights defenders to prepare a study on the drivers
of attacks against indigenous human rights defenders in business contexts and invites
the Special Rapporteur to share information on progress with the Permanent Forum
at its twenty-second session, to be held in 2023.
The Permanent Forum recommends that national human rights institutions and other relevant national and regional bodies, including the African Commission on Human and Peoples’ Rights, promote the rights of indigenous peoples and monitor the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, and ensure that the international standards on indigenous peoples’ rights are translated into national laws.
The Permanent Forum requests Member States to establish specific mechanisms at the national level in order to open and sustain dialogue between indigenous peoples and Governments to review the implementation of the recommendations of the Special Rapporteur on the rights of indigenous peoples, the work of the Expert Mechanism on the Rights of Indigenous Peoples and the recommendations of the Forum. The Forum requests United Nations agencies at the national level to facilitate such dialogue and that corresponding national mechanisms be established.