Climate change and environmental issues are a major threat to indigenous peoples. The Permanent Forum recommends that Member States recognize indigenous peoples’ rights to use, maintain and control their lands, territories and resources, and develop mechanisms for their inclusion in relevant decision-making processes. The Forum calls upon States to cooperate with indigenous peoples and consider their traditional knowledge in environmental impact assessment procedures and in local, regional and national development plans. The Forum also recommends that States implement inclusive environmental and land management policies, in line with the Declaration.
The Permanent Forum urges the Governments of Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia regions to work in good faith with indigenous peoples for the unqualified endorsement and full implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum decides to extend the mandate of the Special Rapporteurs on indigenous peoples and corporations, Carlos Mamani Condori, Elisa Canqui Mollo and Pavel Sulyandziga, for one year, and requests them to submit a written report to the Forum at its ninth session, in 2010.
Indigenous peoples lack recognition, and face poor implementation of their rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member States of their duty to protect.
The Permanent Forum recommends that the United Nations Multidimensional Integrated Stabilization Mission in Mali, the African Union and the European Union establish special mechanisms for the protection of indigenous peoples in areas of conflict and high insecurity in the countries of the Sahel and Sahara region, in particular Tuaregs in Mali and Libya.
The Permanent Forum notes that forced labour and all forms of servitude constitute serious human rights violations that it is urgent to address; it therefore urges the Government of Paraguay to combat these practices as a matter of urgency.
The Permanent Forum recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.
The Permanent Forum urges States to review their policies on biofuel industries, which, in the name of remedying the impacts of climate change, are resulting in the deforestation of large forest areas and the displacement of indigenous peoples. That increases the vulnerability of indigenous communities and in particular of those living in voluntary isolation.
The Permanent Forum strongly urges Member States to uphold the linguistic rights of indigenous peoples.
The Permanent Forum recommends that the Human Rights Council consider the development of a framework for the implementation of article 37 of the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council, to assess implementation of treaties, agreements and other constructive arrangements between States and indigenous peoples in all regions of the world.
The Permanent Forum recommends that the annual report of OHCHR to the Permanent Forum provide a summary of relevant reports, decisions and recommendations of the Human Rights Council, its subsidiary bodies and special procedures, as well as the universal periodic review working group, United Nations treaty bodies and other relevant United Nations reports and conferences.
The Permanent Forum recommends that national human rights institutions and commissions address indigenous peoples’ issues and include indigenous experts as members of such bodies.