The Permanent Forum recommends that all States with indigenous peoples review their legislation, policies and programmes in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and the Programme of Action for the Second International Decade of the World’s Indigenous People.
The Permanent Forum encourages analysis by States, the specialized agencies, academics, indigenous peoples and their organizations of the implementation of free, prior and informed consent principles and mechanisms regarding projects on indigenous lands and territories, and encourages them to submit such analyses to the Permanent Forum for consolidation and to identify good practices and barriers.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
On the basis of information received at its third session, the Forum expresses its deep concern about the alleged atrocities and human rights violations committed against the indigenous peoples concerned in Colombia, the Sudan, Ethiopia and Indonesia, notably West Papua and Maluku, and atrocities committed against the indigenous peoples in other parts of the world. It urges the entire United Nations system, including the relevant bodies, to take appropriate action.`
The Permanent Forum recommends to the Human Rights Council that, in the course of a universal periodic review, the situation of indigenous peoples of a country under consideration also be examined.
The Permanent Forum recommends that the United Nations High Commissioner for Refugees ensure a significant focus on refugee issues in the Pacific region, giving particular attention to the vulnerability of indigenous peoples in that region.
The Permanent Forum urges States to provide detailed reports to the Forum on the implementation of the Declaration. It recommends public education initiatives and the sharing of best practices in respect of the Declaration, in particular through training programmes for government agencies, the judiciary and law enforcement officials, in collaboration with indigenous peoples. Furthermore, the Forum recommends that such reports be included in the periodic reports mandated under human rights treaties and the universal periodic review procedures.
The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
The Permanent Forum calls upon those States which have granted leases, concessions and licences on indigenous peoples’ territories for projects related to logging, minerals, oil, gas and water without proper consultation and without respecting the free, prior and informed consent of the indigenous peoples concerned to review those arrangements and to address the complaints raised by indigenous peoples in those territories.
Considering the statements made by Brazil at the fifteenth session, the Permanent Forum welcomes the willingness of the Government to engage in dialogue concerning the status, conditions and rights of the indigenous peoples of Brazil, many of whom have faced the suspension of the land demarcation process. The Forum respectfully requests Brazil to uphold its national and international obligations to recognize and respect the human rights of indigenous peoples, as affirmed in the United Nations Declaration and ILO Convention No. 169. Furthermore, the Forum urges the interim Government of Brazil to safeguard the status of the National Indian Foundation and its mandate with regard to the indigenous peoples of Brazil.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
The Permanent Forum recalls that in paragraph 7 of its report on its tenth session (E/2011/43-E/C.19/2011/14), it congratulated the International Fund for Agricultural Development on the establishment of the Indigenous Peoples’ Forum as an example of good practice that should be followed by other United Nations entities. The Forum urges other United Nations entities to report on their progress achieved in this regard to the Forum at its seventeenth session.