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.
Pursuant to article 38 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum reiterates its invitation to States to provide the Permanent Forum with substantive information on the implementation
of the Declaration and an assessment of the effectiveness of the Declaration at the national and local levels.
The Permanent Forum remains concerned about continuing human rights violations, including arbitrary killings and extrajudicial executions, throughout northeastern India. It echoes the call of indigenous peoples (scheduled tribes) of the region and urges India to repeal the Armed Forces Special Powers Act of 1958, investigate alleged human rights abuses in the region and hold those responsible to account.
The Permanent Forum welcomes the adoption of the American Declaration on the Rights of Indigenous Peoples by the Organization of American States on 15 June 2016. The Forum calls upon States to implement the American Declaration in order to advance the rights of indigenous peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and other human rights instruments.
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 recommends that an expert seminar be held, without financial implications, and invites the participation of the Committee on the Elimination of Racial Discrimination and the Special Committee on Decolonization, to examine the impact of the United Nations decolonization process on indigenous peoples of the Non-Self-Governing Territories that are on the United Nations list of Non-Self-Governing Territories. The Forum requests that independent experts and the United Nations Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples be invited to participate in the seminar. Furthermore, the Forum requests that indigenous peoples under Non-Self-Governing Territories status also be invited.
The Permanent Forum appoints Irma Pineda Santiago and Símon Freddy Condo Riveros, members of the Forum, to conduct a study on collective intellectual property and the appropriation of the ideas and creations of indigenous peoples, and to present that study to the Forum at its twenty-first session.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Permanent Forum recommends that the Government of Paraguay should make resolute progress towards the development of a land registry that will facilitate land titling, and thus the recovery of land by indigenous communities and the territorial reconstitution of their respective peoples.
The Permanent Forum recommends that the Human Rights Council include, where appropriate, the question of treaties, agreements and other constructive arrangements pertaining to indigenous peoples when undertaking its universal periodic review of States members.
The Permanent Forum recommends that the secretariat of the Permanent Forum, the United Nations Children’s Fund (UNICEF), the United Nations Institute for Training and Research, UNDP and the United Nations Programme on Youth cooperate closely with the Global Indigenous Youth Caucus to conduct and support regional and international human rights training programmes to build the capacity and advocacy skills of indigenous youth.
The Permanent Forum urges Member States, in their regular reporting to the United Nations human rights treaty bodies and, in particular, to the Human Rights Council through the universal periodic review, to include the actions taken to implement the recommendations made by the Special Rapporteur on the rights of indigenous peoples, the Expert Mechanism on the Rights of Indigenous Peoples and the Permanent Forum on Indigenous Issues.