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 calls on States to consult with indigenous peoples in a manner that fully respects their obligations under the Declaration and fully responds to the goals, needs and rights of indigenous peoples in the development and design of relevant legislation.
The Permanent Forum recommends that national human rights institutions and commissions address indigenous peoples’ issues and include indigenous experts as members of such bodies.
The Permanent Forum regrets the continuous killings, violence and harassment targeted at indigenous human rights defenders, including indigenous women, in the context of resisting mining and infrastructure projects and other such developments. The Permanent Forum therefore invites Member States to honour their human rights obligations. In this regard, the Permanent Forum welcomes General Assembly resolution 76/148 on the rights of indigenous peoples, in which States are urged to take necessary measures to ensure the rights, protection and safety of indigenous peoples, including indigenous leaders and indigenous human rights defenders, and to ensure that perpetrators are held accountable and that access to justice and remedy is guaranteed.
The Permanent Forum takes note of the study by Elisa Canqui on forced labour and indigenous peoples (E/C.19/2011/CRP.4) and urges Member States, in collaboration with United Nations agencies and regional intergovernmental organizations, to increase their efforts to combat forced labour and human trafficking and to put in place adequate instruments to protect victims, paying particular attention to indigenous peoples and the restoration of victims’ rights.
The Permanent Forum calls upon States to ensure that national policies regarding indigenous pastoralism and hunter-gatherers comply with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum notes the increasing operational activity of extractive industries and other large-scale development projects, including land grabbing, which is taking place on or near the territories of indigenous peoples in many African States, often without the involvement of indigenous peoples and without their free, prior and informed consent. The Forum recommends that African States must respect the United Nations Declaration on the Rights of Indigenous Peoples, in particular the right of indigenous peoples to free, prior and informed consent.
Urgent transformational actions by States and other development actors for Indigenous Peoples must be based on a human rights framework enabling the identification of the root causes of inequality and providing mechanisms to tackle systemic discrimination and racism and must contribute to reforming discriminatory laws and policies and strengthening the accountability of States, including ensuring democratic space for all.
The Forum reiterates the recommendations contained in paragraphs 18 and 19 of the report on its first session:
(a) The Forum calls upon States to adopt the draft United Nations declaration on the rights of indigenous peoples before the end of the Decade;
(b) The Forum encourages States to include representatives of indigenous peoples’ organizations in their delegations to the informal intersessional meeting on the draft United Nations declaration on the rights of indigenous peoples.
The Permanent Forum welcomes the effort of the Association of Southeast Asian Nations (ASEAN) to establish a regional human rights mechanism and offers its expertise and cooperation in this matter. The Forum recommends that the mechanism be called the “ASEAN Human Rights Commission” and that the commission explicitly recognize indigenous peoples in its terms of reference. We look forward to a strong commission with full investigatory and implementation powers, which uses the United Nations Declaration on the Rights of Indigenous Peoples as its framework in dealing with indigenous peoples’ issues. The Forum also recommends that the commission establish a committee on indigenous peoples in addition to its proposed committees on migrant workers and women and children.
Recalling paragraph 86 of its report on its eighth session (E/2009/43-E/C.19/2009/14), the Permanent Forum urges public and private education institutions to provide permanent positions for indigenous teachers and to establish scholarships designated exclusively for indigenous students.
The Permanent Forum appoints Brian Keane and Elifuraha Laltaika, members of the Forum, to undertake a study to examine conservation and indigenous peoples’ human rights, to be submitted to the Forum at its seventeenth session.