The Forum calls on all relevant United Nations system and other intergovernmental entities to pay special attention to the human rights and concerns of indigenous peoples, in particular indigenous women, when designing, implementing and evaluating their policies and programmes, and to promote the meaningful participation of indigenous women. In particular, the relation of indigenous women’s issues to the design, implementation and evaluation of programmes, in the context of the 10-year review of the Beijing Declaration and Platform for Action, the Vienna Declaration and Programme of Action on Human Rights and the United Nations Millennium Declaration, needs to be addressed.
Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.
The Permanent Forum recommends that the Special Rapporteur on the human rights of migrants pay special attention to the vulnerability of urban and migrant indigenous persons.
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.
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.
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.
The Permanent Forum notes that the Greenland-Danish Self-Government Commission submitted its report on self-government on 6 May 2008. The main task of the Commission has been to submit draft legislation regarding a self-government arrangement for Greenland. A referendum was held in Greenland on 25 November 2008 concerning the act and the process leading up to its entry into force. The Permanent Forum welcomes the successful passage of the act through the Danish Parliament on 19 May 2009.
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.
The Permanent Forum welcomes a third United Nations seminar on indigenous peoples’ understanding and interpretation of treaties, agreements and other constructive arrangements.
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.
The lack of effective recognition of the indigenous justice systems by State institutions, as well as the ongoing discrimination against them in the State justice system and inadequate access to redress and reparation, are among the key challenges faced by indigenous peoples around the world. Strengthened support for indigenous justice systems is key to promoting human rights, the rule of law, the achievement of justice for all and the promotion of effective, accountable and inclusive institutions, as set out in Goal 16.