The Permanent Forum invites the Special Rapporteur of the Human Rights
Council on the situation of human rights defenders to prepare a study on the drivers
of attacks against indigenous human rights defenders in business contexts and invites
the Special Rapporteur to share information on progress with the Permanent Forum
at its twenty-second session, to be held in 2023.
The Permanent Forum recommends that the Human Rights Council update and complete the United Nations study on treaties, agreements and other constructive arrangements between States and indigenous populations, including the possible appointment of a rapporteur to carry out this task and to provide regular reports to the Human Rights Council, the Permanent Forum and other appropriate bodies.
The Permanent Forum reiterates its recommendation to ILO to accommodate and guarantee the direct participation of indigenous peoples’ organizations in ILO procedures, in particular those relating to compliance with the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (Convention No. 107) and the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) and their corresponding supervisory mechanisms. The Forum reiterates its call upon Member States to accede to the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169).
The Permanent Forum has decided to appoint Saul Vicente Vásquez, a member of the Forum, to conduct a study on extractive industries in Mexico and the situation of indigenous peoples in the territories in which these industries are located.
The Constitution of Nepal has provisions for special, protected and autonomous regions for Indigenous Peoples. The Permanent Forum welcomes further progress towards realizing the provisions of the Constitution, including by considering the recommendations of the Committee on the Elimination of Racial Discrimination and of the Committee on the Elimination of Discrimination against Women to Nepal in 2018 on respect for Indigenous Peoples’ rights to their traditional lands and resources and to self-determination.
The Permanent Forum recommends that States include representatives of indigenous peoples in the national consultation process for the preparation of national reports to be submitted to the Human Rights Council for universal periodic review.
Recalling the recommendation contained in the report of its fifteenth session (E/2016/43-E/C.19/2016/11, para. 52), the Permanent Forum urges States to take measures for settlement, protection and security in post-conflict areas and for the construction of durable and lasting peace, promoting the full and effective inclusion of indigenous peoples, including indigenous women, in any initiative for peace and reconciliation. The Forum also recommends that the Department of Political and Peacebuilding Affairs and indigenous peoples, including women and young people, consider indigenous peoples’ traditional conflict resolution systems for achieving durable and lasting peace.
The Forum welcomes and supports the decision of the Commission on Human Rights as contained in paragraph 11 of its resolution 2003/56 of 24 April 2003 to hold a seminar on the administration of justice.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
The Permanent Forum welcomes the decision of the Special Rapporteur on the rights of indigenous peoples to prepare a study on intimidation, criminalization and violence of any form directed against indigenous peoples, communities or individuals, in particular those who defend their rights under the United Nations Declaration on the Rights of Indigenous Peoples. The Forum invites the Special Rapporteur to share her preliminary findings and recommendations with the Forum at its seventeenth session.
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 highlights that unprincipled positions and actions of States undermine indigenous peoples’ human rights and the United Nations Declaration and that such conduct prejudices indigenous peoples globally and serves to weaken the international human rights system. States must therefore take steps, in conjunction with indigenous peoples, to ensure that their commitments and obligations are not violated in other international forums, especially following the World Conference on Indigenous Peoples. In accordance with both the outcome document of the World Conference and the United Nations Declaration, States, in conjunction with indigenous peoples, should develop legislation and mechanisms at the national level to ensure that laws are consistent with the United Nations Declaration