The Permanent Forum continues to hear numerous accounts from indigenous peoples who are threatened by alien commercial ventures, militarization and administrative decisions that interfere with their governance over their lands, territories and resources and ultimately inhibit their capacity for sustainable development and well-being for future generations. The Forum strongly recommends that such disputes be considered in accordance with article 27 of the United Nations Declaration on the Rights of Indigenous Peoples and paragraph 21 of the outcome document of the World Conference on Indigenous Peoples, ensuring that a mechanism exists that provides for fair, independent, impartial, open and transparent adjudication. Any mechanism established for adjudication of disputes over indigenous peoples’ lands, territories and resources should be agreed upon between States and indigenous peoples.
Post-pandemic recovery efforts have exacerbated human rights violations against indigenous peoples across Asia. Governments have used economic recovery plans as a justification to seize indigenous lands for the purposes of resource extraction, and indigenous environmental defenders are often threatened and arrested. The Permanent Forum calls on Member States to guarantee the principles of free, prior and informed consent throughout its post-pandemic recovery efforts to ensure that the socioeconomic development of indigenous territories is implemented in full cooperation with indigenous peoples.
The Permanent Forum welcomes the efforts of the Committee on the Elimination of Racial Discrimination to construe the International Convention on the Elimination of All Forms of Racial Discrimination, regarding indigenous persons, taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum recommends that the Committee request relevant State parties to the Convention to prepare the sections relating to indigenous peoples in their reports on the implementation of the Convention in consultation and cooperation with indigenous peoples.
The Permanent Forum has received information that indigenous peoples who have established community means of communication, such as film-makers and radio hosts, are criminalized and prosecuted for such activities, especially in Latin America. In this regard, the Forum requests parliamentarians to establish legal frameworks that respect the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples and to end such practices.
The Permanent Forum appoints Hindou Oumarou Ibrahim and Vital Bambanze, members of the Forum, to conduct a study on indigenous peoples and resource conflicts in the Sahel and in the Congo Basin, and to present that study to the Forum at its twenty-first session.
In anticipation of the first session of the Human Rights Council, the Permanent Forum recommends that indigenous issues be a standing item in the agenda of the Human Rights Council and that due attention be paid to the human rights and fundamental freedoms of indigenous peoples. The role of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people should be maintained and further strengthened within the Human Rights Council.
The Permanent Forum reaffirms and reiterates that self-determination, free, prior and informed consent and accountability form the basis of, and prerequisite for, any relationship that can be called a true partnership for development, and urges all States, indigenous peoples, United Nations bodies, international development agencies, corporations and the private sector, as well as civil society, to uphold these vital principles.
The Permanent Forum is concerned that, in their efforts to achieve the Sustainable Development Goals, Member States are not complying with the Declaration. In one case, the Committee on the Elimination of Racial Discrimination requested that Norway temporarily suspend the ongoing construction of the Fosen Vind onshore wind power project, which negatively affects the reindeer herding of the South Sami people. The Government of Norway, having concluded that its administrative and legal processes were sufficient, did not implement the interim measures. The Forum urges Member States to respect and comply with decisions made by the United Nations treaty bodies.
The Permanent Forum reiterates the call, made at its fifth and eleventh sessions, upon United Nations agencies and funds to conduct and support regional and international human rights training programmes aimed at building the capacity and advocacy skills of indigenous youth. The Forum further recommends the use of youth forums, social media and other popular cultural forms of communication to disseminate information and training material on the rights of indigenous youth and to facilitate consultation processes at the national and international levels.
The Permanent Forum welcomes such initiatives as the indigenous and local community, business and biodiversity consultation, held at United Nations Headquarters in New York on 12 and 13 May 2009, as a useful dialogue between the private sector and indigenous peoples, and encourages further discussions with a view to ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples while stimulating community-level businesses based on the sustainable use of biodiversity through such creative partnerships.
The Permanent Forum welcomes the decision of the Inter-Agency Support Group on Indigenous Issues to hold, on an exceptional basis, a meeting to consider appropriate ways of promoting, disseminating and implementing the Declaration on the Rights of Indigenous Peoples, once it is adopted by the General Assembly.
The Forum recommends that United Nations country offices make the effort to disseminate their activities in publications in indigenous languages