The Permanent Forum appoints Brian Keane and Elifuraha Laltaika, members of the Forum, to undertake a study to examine conservation and indigenous peoples’ human rights, to be submitted to the Forum at its seventeenth session.
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 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 also calls upon Member States to expand indigenous language immersion methods and bilingual schools to support indigenous children and youth to reclaim their languages. The Permanent Forum recommends that Member States, where appropriate, incorporate intercultural and bilingual education in national school curricula, including through language immersion programmes, and ensure that the language of the subnational region or area in which the school is located is part of the curricula. In this regard, the Permanent Forum recommends that Member States, in close cooperation with indigenous peoples, establish educational programmes on indigenous languages for indigenous teachers, filmmakers, translators and interpreters, scientists, information technology specialists and other professionals. Such efforts would support the expansion of domains covered by indigenous languages and, consequently, contribute to language development and maintenance and the restoration of indigenous peoples’ pride in their own languages.
The Permanent Forum strongly urges Member States to uphold the linguistic rights of indigenous peoples.
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 Permanent Forum recommends that the annual report of OHCHR to the Permanent Forum provide a summary of relevant reports, decisions and recommendations of the Human Rights Council, its subsidiary bodies and special procedures, as well as the universal periodic review working group, United Nations treaty bodies and other relevant United Nations reports and conferences.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum welcomes the fact that United Nations entities and bodies, including mandate holders and, notably, OHCHR and the United Nations Environment Programme, take their share of the responsibility to ensure a safe space for Indigenous Peoples participating in United Nations meetings. The Permanent Forum requests that United Nations bodies and entities create an urgent response mechanism to acts of intimidation and reprisals against Indigenous human rights defenders cooperating with the United Nations, in line with existing United Nations guidance on protection and promotion of civic space and the Secretary-General’s Call to Action for Human Rights. The Permanent Forum will consider how to strengthen its own response mechanisms and its cooperation with the Assistant SecretaryGeneral for Human Rights, in line with General Assembly resolution 77/203, on this pressing matter, including through the appointment of focal points.
The Permanent Forum recommends that the United Nations High Commissioner for Refugees ensure a significant focus on refugee issues in the Pacific region, giving particular attention to the vulnerability of indigenous peoples in that region.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
Since the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, few States have entered into effective dialogue or partnerships with indigenous peoples or have undertaken adequate legal reforms to implement the Declaration. Based on interventions and reports of representatives of indigenous peoples from all regions of the world at its eleventh session, the Permanent Forum is alarmed about the ongoing gross human rights violations being perpetrated against indigenous peoples and therefore calls upon all States to take urgent action to end such violations and to recognize and respect the human rights standards contained in the Declaration.