Member States are encouraged to reaffirm their commitment to prevent the use of Indigenous Peoples’ resources, lands and territories without free, prior and informed consent and respect the territorial integrity of Indigenous Peoples. The population of Greenland is over 90 per cent Indigenous; hence, the Declaration applies fully, along with national and international law. Member States are called to honour the territorial integrity and political autonomy of Greenland.
The Permanent Forum urges the European Union to include the standards of the Declaration within its corporate sustainability due diligence regulations and rules, in particular in the context of implementing the Critical Raw Materials Act on the territories of Indigenous Peoples, both inside and outside the European Union.
The Committee on the Elimination of Discrimination against Women must guarantee equal access and non-discrimination of Indigenous women in respect of its communications procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. States are encouraged to report annually on their progress in implementing general recommendation No. 39.
The Permanent Forum recommends that Member States in the region enhance the protection of Indigenous Peoples through recognition and autonomy, in line with the Declaration, by revising legal and policy frameworks. Governments should rectify the injustices of the colonial past, taking into consideration Indigenous Peoples and their perspectives, in particular those of Indigenous youth, ensuring the participation of Indigenous Peoples in decision-making.
Positive developments have been achieved in setting international human rights standards for the rights of indigenous peoples to lands, territories and resources, including by regional human rights mechanisms in Africa and the Americas. The Permanent Forum welcomes those developments, including the recent decision of the African Court on Human and Peoples’ Rights in the case of the Ogiek community in Kenya. The Forum encourages indigenous peoples and States to engage further with regional mechanisms and to implement their decisions effectively.
The Permanent Forum urges the United States to fully implement the Declaration by strengthening commitments to Indigenous leadership, including by seating the delegate of the Cherokee Nation in the House of Representatives. It welcomes the adoption of the Declaration by the Pawnee, Ho-Chunk, Yurok and Muscogee (Creek) Nations.
The Permanent Forum reiterates its recommendation that Member States review and revise their constitutions and legal frameworks to comprehensively recognize the rights of Indigenous Peoples, including the right to self-determination. Such review and revision processes should be driven and guided by Indigenous Peoples. The Forum also recommends that Member States develop and adopt specific national action plans to ensure that all policies and laws conform with the recognition and advancement of the right to self-determination, including self-governance and autonomy. The Forum further recommends that States engage in processes focused on decolonization and reconciliation policies that facilitate the path of Indigenous Peoples to self-determination, with the full and effective participation of Indigenous Peoples.
The Permanent Forum urges all Member States that have not formally recognized Indigenous Peoples within their territories to do so, in law and practice, under the term “Indigenous Peoples”. Recognition must go beyond symbolic acknowledgement and encompass concrete measures to uphold their individual and collective rights in accordance with the Declaration.
The Permanent Forum invites the Development Coordination Office to include Forum members in its future meetings with resident coordinators for Indigenous Peoples’ issues to be heard and to share experiences on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples at the national level.
The Permanent Forum urges WHO to establish a standing Indigenous-led advisory committee to the Director General regarding Indigenous Peoples’ health to steer, monitor and report annually on the implementation and ongoing operationalization of World Health Assembly resolution 76.16. The committee should be majority-Indigenous, gender-balanced, regionally diverse, and chosen through Indigenous representative institutions, in line with free, prior and informed consent.
The lack of recognition of Indigenous Peoples violates their right to self-determination. Their legal recognition should be aligned with the United Nations Declaration on the Rights of Indigenous Peoples and the report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights.1 The Permanent Forum invites African Governments to join groups of friends of Indigenous Peoples.
The Permanent Forum heard about the retreat of New Zealand/Aotearoa from honouring Te Tiriti o Waitangi (The Treaty of Waitangi), which sparked the country’s largest-ever protest. The Forum calls upon New Zealand to recommit to the Treaty.
