Consistent with the commitments in the outcome document of the high-level meeting of the General Assembly known as the World Conference on Indigenous Peoples (General Assembly resolution 69/2) and the standards for indigenous peoples’ survival, dignity and well-being contained in the United Nations Declaration, the Permanent Forum recommends that States fully engage indigenous peoples in good-faith negotiations of treaties, agreements and other constructive arrangements on the basis of the unequivocal recognition of indigenous peoples’ rights to lands, territories and resources and to fully reject the extinguishment of indigenous rights in form or result. Furthermore, the Forum recommends that States address the call for full and effective redress for the loss of lands, territories and resources and State breaches of treaties, agreements and other constructive arrangements. The Forum reiterates the urgent need for States to institute, in conjunction with indigenous peoples, high-level oversight bodies to guide and oversee the conduct of negotiations and implementation of treaties, agreements and other constructive arrangements in the light of ongoing negotiation and implementation issues. Building on the recommendations advanced at the eleventh session of the Forum, States are encouraged to support the resolution of disputes between indigenous peoples by providing financial and other methods of support to achieve peaceful resolution.
The Permanent Forum appoints Darío José Mejía Montalvo, a member of the Forum, to conduct a study on the rights of indigenous peoples facing the global energy mix and to present that study to the Forum at its twenty-first session.
The Permanent Forum recommends that States incorporate adequate information on the implementation of the Declaration in their core reports to the human rights treaty bodies.
The Permanent Forum recommends that the Ad Hoc Working Group on Access and Benefit-sharing consider at its next meeting the report of the international indigenous and local community consultation on access and benefit-sharing and the development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).
The Forum welcomes the offer of the World Bank to host a workshop on indigenous peoples and poverty, and looks forward to receiving the results of the workshop in its fifth session
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 recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.
The Permanent Forum recommends that Member States take measures to advance indigenous women’s right to intercultural health through its inclusion in legal frameworks and public policies, as well as programmes to guarantee culturally, geographically and financially appropriate health and social services.
The Forum calls for the dissemination and full implementation of the recommendations of the Special Rapporteur's reports on the relationships of indigenous peoples and land rights, and on permanent sovereignty of indigenous peoples over their natural resources and invites the Special Rapporteur, through the Subcommission on the Promotion and Protection of Human Rights, to present an updated report at the next session of the Forum
The Permanent Forum recommends that the Human Rights Council include the United Nations Declaration on the Rights of Indigenous Peoples as a normative basis for universal periodic review.
The Permanent Forum recommends that the Human Rights Council consider the development of a framework for the implementation of article 37 of the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council, to assess implementation of treaties, agreements and other constructive arrangements between States and indigenous peoples in all regions of the world.
The Forum wishes to express its appreciation to the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples for his participation at the second session of the Forum and for his important contribution thereto. The Forum invites the Special Rapporteur to participate annually at its sessions and to inform the Forum on his work in accordance with his mandate.