Given that the right of indigenous peoples to free, prior and informed consent is recognized and affirmed in the United Nations Declaration on the Rights of Indigenous Peoples, questions have arisen concerning its implementation. In the light of such fundamental concerns, the Permanent Forum has decided to prioritize free, prior and informed consent. Therefore, in the context of future work, the Permanent Forum will explore the potential for the development of guidelines on the implementation of free, prior and informed consent. The Permanent Forum will endeavour to do so in collaboration with the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples, who are specifically mandated to address the human rights of indigenous peoples. This initiative, as well as those referred to immediately below, are fully consistent with articles 38, 41 and 42 of the Declaration.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights and relevant United Nations agencies and organs establish specific units for indigenous peoples’ issues to contribute to the implementation of the Declaration in accordance with its articles 41 and 42.
The Forum recommends that all Member States, with the assistance of United Nations agencies, as necessary develop capacity-building programs, including curricula that have a strong human rights focus, including collective rights of indigenous peoples, across the spectrum of national educational institutions
The Forum recommends that, under the aegis of the Forum, effective cooperation should be established and further developed between the Forum, the Working Group on Indigenous Populations and the special rapporteurs who address issues relating to indigenous peoples, with a view towards evaluating their activities, ensuring complementary efforts and avoiding duplication, in the light of resolution 2003/55 of the Commission on Human Rights.
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 expresses concern that indigenous peoples are not receiving adequate information regarding the achievement of the Sustainable Development Goals at the national level and encourages Governments, United Nations entities, indigenous peoples and civil society organizations to convene workshops and other forums to ensure their effective participation in implementing the 2030 Agenda.
The Permanent Forum acknowledges and accepts the study on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with regard to the full enjoyment of human rights and inclusion in development (E/C.19/2013/6). The Forum recommends that the Committee on the Rights of Persons with Disabilities pay special attention, and take immediate action to respond, to the situation of indigenous persons and peoples with disabilities and encourage the United Nations system to facilitate the translation of the Convention on the Rights of Persons with Disabilities into indigenous and other languages.
The Permanent Forum urges States, in cooperation with indigenous peoples, to develop and implement specific laws and mechanisms to protect indigenous human rights defenders, to ensure that attacks against them are investigated and that those persons responsible are held accountable.
The Permanent Forum reiterates the importance of the legal recognition of
indigenous peoples within national constitutions. The Permanent Forum takes note of
the position expressed by the Government of Chile on the recognition of indigenous
peoples. The Permanent Forum invites Chile to provide an update on progress at the
twenty-second session of the Permanent Forum, to be held in 2023. Furthermore, the
Permanent Forum supports the call from indigenous peoples of Australia at the
meeting held in Uluru in 2017 for a process on the three core components of the Uluru
Statement from the Heart – “Voice, Treaty and Truth” – and constitutional recognition
of indigenous rights consistent with the United Nations Declaration on the Rights of
Indigenous Peoples.
Indigenous peoples in the Pacific rely on marine resources and fisheries for both livelihoods and as a food source. The Permanent Forum encourages United Nations entities to incorporate traditional knowledge into all their work in the region.
The Permanent Forum welcomes the effort of the Association of Southeast Asian Nations (ASEAN) to establish a regional human rights mechanism and offers its expertise and cooperation in this matter. The Forum recommends that the mechanism be called the “ASEAN Human Rights Commission” and that the commission explicitly recognize indigenous peoples in its terms of reference. We look forward to a strong commission with full investigatory and implementation powers, which uses the United Nations Declaration on the Rights of Indigenous Peoples as its framework in dealing with indigenous peoples’ issues. The Forum also recommends that the commission establish a committee on indigenous peoples in addition to its proposed committees on migrant workers and women and children.
The Permanent Forum recommends that the Executive Office of the Secretary-General urgently set up a meeting between the Permanent Forum and the High-level Panel on United Nations System-wide Coherence in the Areas of Development, Humanitarian Assistance, and the Environment to secure the integration of indigenous peoples’ perspectives into the ongoing process of furthering system-wide coherence.