Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).
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 Forum recommends that the relevant United Nations entities, in particular the Office of the United Nations High Commissioner for Human Rights, the Department of Economic and Social Affairs, in particular its Division for the Advancement of Women, UNICEF, UNIFEM, the Department of Public Information and ILO:
(a) Encourage the dissemination of information in indigenous languages at the local level, concerning the rights of indigenous peoples, especially indigenous women;
(b) Encourage and support the training of indigenous women in human rights and the rule of law;
(c) Provide technical assistance to governments to establish the fundamental rights of indigenous peoples, especially indigenous women.
The Permanent Forum recommends that all States Parties to International Labour Organization (ILO) Convention No. 169 implement it by training their leading public officials/civil servants to respect and fulfil its provisions. It is crucial that indigenous peoples be fully informed of the consequences of the use and exploitation of natural resources in their lands and territories through consultations, under the principle of free, prior and informed consent, with indigenous peoples concerned. Through free, prior and informed consent, future conflicts can be avoided and the full participation of indigenous peoples in consultation mechanisms, environmental impact assessments and sociocultural impact assessments can be ensured.
The Permanent Forum recommends that in the case of projects affecting indigenous peoples, States ensure that transnational corporations and other business enterprises comply with specific standards contained in the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169.
The Forum welcomes the nomination of the High Commissioner, Justice Louise Arbor, and recommends that she convene a meeting with the Forum members.
The Permanent Forum urges States and State-owned corporations to consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free, prior and informed consent before the approval of any policies, plans and projects affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of minerals, water and other resources, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum is concerned about legislative and regulatory processes that criminalize the establishment and management of community radio stations. The Forum encourages States to expressly recognize community media in their domestic law and to adopt effective actions to enforce the right of indigenous peoples and communities to have their own media.
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
In October 2008, a Committee on Corporate Social Responsibility was established by under the Ministry of Employment and the Economy. The Committee is responsible for encouraging Finnish enterprises to follow all national and international regulations and standards. Also, the Committee will act as the National Contact Point for complaints concerning the inappropriate behaviour of the enterprises within the meaning of the OECD guidelines referred to above under Recommendation 15.
The Permanent Forum appoints Edward John and Dalee Sambo Dorough to conduct a study on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law.