The Permanent Forum calls on States to enter into discussions with indigenous peoples whose traditional lands are now incorporated in protected areas, with a view to reaching binding agreements that will not only acknowledge the legitimate interests of wildlife conservation but also recognize and guarantee the rights of those communities under articles 8 (2), 18, 19, 26 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum urges the European Union to include the standards of the Declaration within its corporate sustainability due diligence regulations and rules, in particular in the context of implementing the Critical Raw Materials Act on the territories of Indigenous Peoples, both inside and outside the European Union.
The Permanent Forum urges the Governments of Colombia and Ecuador to take immediate action to protect the indigenous peoples whose territories are in the border area between the two countries. The Forum encourages the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur on the rights of indigenous peoples to work with the two Governments to address this situation in close cooperation with the indigenous communities concerned.
The Permanent Forum recognizes development of renewable energy sources but remains alarmed that irresponsible development related to green technology and the green transition, has led, at times, to violations of Indigenous Peoples’ rights, including mineral extraction and the building of hydroelectric dams and other large-scale infrastructure without the free, prior and informed consent of Indigenous Peoples. The Permanent Forum recommends that Member States provide the resources necessary to develop and implement Indigenous Peoples’ own free, prior and informed consent protocols in such contexts.
The Permanent Forum calls on States, in consultation with indigenous peoples, to establish national judicial institutions tasked with identifying lands, waters, coastal waters and other resources to which the indigenous peoples concerned have established ownership and usufruct rights, and to demarcate such lands and resources.
The Permanent Forum recognizes the importance of financing for Indigenous Peoples and appreciates the Global Environment Facility’s target of allocating 20 per cent of its funds to support initiatives for Indigenous Peoples. The Forum urges the Facility to create direct financing mechanisms for Indigenous Peoples.
6. The Permanent Forum welcomes recent proposals made by the Sami to address cross-border collaboration and urges the States involved to work constructively with the affected indigenous peoples in these matters. The Permanent Forum also welcomes the Inuit Nunangat Policy of Canada, by which Inuit Nunangat is recognized as a distinct geographic, cultural and political region that encompasses the Inuvialuit Settlement Region, Nunavut, Nunavik, and Nunatsiavut. The Permanent Forum invites other Member States to develop, in close cooperation with indigenous peoples, similar arrangements that recognize indigenous peoples’ ancestral territories
The Permanent Forum reiterates its call to Member States to establish mechanisms and processes for comprehensive dialogue and consultations with indigenous peoples in order to obtain their free, prior and informed consent in relation to any project that will have an impact on their territories and resources. In this regard, the Forum expresses concern regarding the lack of consultation by the Government of the Plurinational State of Bolivia with the indigenous peoples who will be affected by the mega-hydroelectric project of El Bala-Chepete and Rositas, including the Guarani, Mosetén, Tacana, Tsimané, Leco, Ese Ejja and Uchupiamona peoples. The Forum urges the Government of the Plurinational State of Bolivia to respect the fundamental rights of indigenous peoples and ensure that they are able to exercise their rights in accordance with international human rights standards.
The Permanent Forum recommends that States implement emission reductions to limit the increase in average global temperature to no more than 1.5oC to avoid the increased impact of climate change.
Positive developments have been achieved in setting international human rights standards for the rights of indigenous peoples to lands, territories and resources, including by regional human rights mechanisms in Africa and the Americas. The Permanent Forum welcomes those developments, including the recent decision of the African Court on Human and Peoples’ Rights in the case of the Ogiek community in Kenya. The Forum encourages indigenous peoples and States to engage further with regional mechanisms and to implement their decisions effectively.
The Permanent Forum encourages the full participation of Indigenous Peoples in environmental assessment processes, including in the context of possible deep-sea mining, as such participation also guarantees the contributions of Indigenous Peoples’ knowledge. Given the length of the Arctic coastlines, Indigenous Peoples need to be involved in the monitoring of relevant international shipping routes and their impacts on marine biodiversity and seabeds.
The Permanent Forum therefore requests the United Nations Office for West Africa and the Sahel to support Member States in the Sahel and the Congo basin in this work, in collaboration with indigenous peoples. In general, indigenous peoples should be invited to contribute to the implementation of the mandate of the Office. Other initiatives of importance to indigenous peoples are the Joint Force of the Group of Five for the Sahel and the Great Green Wall for the Sahara and the Sahel Initiative. The Permanent Forum invites the Office to attend its twenty-second session, to be held in 2023, to share information on progress in its work.