The Permanent Forum welcomes the adoption by the Green Climate Fund of the Indigenous Peoples Policy and the Environmental and Social Policy, as well as the establishment of the Indigenous Peoples Advisory Group by the Fund, and encourages the Fund to support specific capacity-building programmes for indigenous peoples as part of the readiness and preparatory programme to ensure their full and effective engagement with the Fund at all levels and in all activities.
The Forum reiterates its request to the Inter-Agency Expert Group on Sustainable Development Goal Indicators to make the land-related indicator operational, including on changing land use and the security of land tenure in the traditional territories of indigenous peoples.
The Permanent Forum commends States for recognizing the collective rights of indigenous peoples to lands, territories and resources and at the same time urges them to take immediate steps for the implementation of those rights through programmes for mapping, titling or other actions and legislative reforms. The Forum urges States to report to it by its twentieth session on steps taken in that regard.
The Permanent Forum welcomes the participation, at its seventeenth session, of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination and invites the Working Group to conduct a study on private militaries and security companies in extractive industries and agribusiness and their impact on the human and collective rights of indigenous peoples.
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), the Forum encourages the Government of Bangladesh:
(a) To set a time frame for the full implementation of the Accord, including devolution of authority to the Chittagong Hill Tracts Regional Council and three Hill District Councils;
(b) To adopt the rules of business for the Chittagong Hill Tracts Land Commission and allocate sufficient human and financial resources for the Commission.
The Permanent Forum recalls and stresses its earlier recommendation that the Intergovernmental Commission on Human Rights of the Association of Southeast Asian Nations (ASEAN) recognize the human rights of indigenous peoples in the ASEAN region and establish a working group on indigenous peoples. In addition, the Forum urges the South Asian Association for Regional Cooperation to establish a human rights commission and a working group on indigenous peoples.
A majority of States have yet to grant official recognition to indigenous peoples, let alone their collective rights to lands, territories and resources. The Permanent Forum expresses its grave concern about the non-recognition of indigenous peoples, in particular in Africa and Asia, and recommends that States incorporate the United Nations Declaration on the Rights of Indigenous Peoples into national legislation, policies and programmes.
The Permanent Forum continues to be concerned that the World Bank’s new environmental and social safeguard 7 allows the conversion of the collective territories of indigenous peoples into individual ownership rights, even though it recognizes the importance of protecting the collective attachment of indigenous peoples to their lands. Providing funding for States to divide the lands of indigenous peoples generates conflict, irreparably harms livelihoods and traditional resource management strategies and erodes the governance structures of indigenous peoples. Paragraph 29 of environmental and social safeguard 7 should urgently be revised to ensure that indigenous peoples maintain their collective rights to lands, territories and resources in all projects funded by the Bank.
The Permanent Forum urges the Governments of Colombia and Ecuador to take immediate action to protect the indigenous peoples whose territories are in the border area between the two countries. The Forum encourages the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur on the rights of indigenous peoples to work with the two Governments to address this situation in close cooperation with the indigenous communities concerned.
Recalling articles 3–4, 8, 18, 25–26 and 32 of the Declaration, the Permanent Forum urges African States to promote, recognize and protect the collective rights of indigenous peoples to their lands, territories and resources through the development of mechanisms to ensure the legal recognition of land and resource rights, the resolution of land disputes, fair and equitable redress, and the creation of permanent dialogue frameworks to facilitate political participation and representation of indigenous peoples in decision-making.
The Permanent Forum requests all States to include developments relating to the rights of indigenous peoples in their regular reports to the Human Rights Council under the universal periodic review mechanism.
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.