The Permanent Forum denounces the extrajudicial killings of indigenous leaders and activists in several Asian States, as reported by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Special Rapporteur on extrajudicial, summary or arbitrary executions, and urges the concerned countries to investigate these reported cases and to provide redress to the relatives of the victims.
Reiterating the recommendation made at its seventh session, the Permanent Forum recommends that the United Nations High Commissioner for Refugees and the International Organization for Migration focus on the vulnerability of indigenous peoples in the Pacific region, in particular in view of the effects of climate change (see E/2008/43-E/C.19/2008/13, chap. 1, sect. B, para. 59).
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
Indigenous Peoples are affected also by the legacy of forced evictions and relocations owing to the establishment by colonial powers of military bases and installations on their traditional lands and territories. The Permanent Forum recommends that colonial States, past and present, ensure remedy and reparations for the affected Indigenous Peoples.
The Forum notes with appreciation decisions VII/16 A-1 of the Conference of Parties to the Convention on Biological Diversity and its ongoing work with respect to traditional knowledge, innovations and practices of indigenous and local communities covering many areas for future works to be jointly undertaken by the Convention and the Forum.
The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.
Consistent with article 10 of the United Nations Declaration, the Permanent Forum calls upon Member States and human rights institutions to consider examining, in conjunction with the Special Rapporteur on the rights of indigenous peoples and other mandate holders, the forced relocation of indigenous communities.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Forum recommends that the Secretary-General, through the Economic and Social Council, prepare a report on the implementation of chapter 26 of Agenda 21 and other relevant chapters, such as chapter 36 and 15, that focus on how the Commission on Sustainable Development, in conjunction with secretariats of other environmental bodies (Convention on Biological Diversity, United Nations Framework Convention on Climate Change, United Nations Environment Programme, Global Environment Facility (GEF), United Nations Forum on Forests, UNDP, the Food and Agriculture Organization of the United Nations (FAO), the International Fund for Agricultural Development (IFAD) etc.) are implementing those chapters for indigenous peoples in their work, and that the report be submitted to the Forum at its third session.
The Forum recommends that the Department of Peacekeeping Operations of the United Nations Secretariat establish a policy on indigenous peoples, in consultation with indigenous peoples
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.
The Permanent Forum recalls and stresses its earlier recommendation that the Intergovernmental Commission on Human Rights of the Association of Southeast Asian Nations (ASEAN) recognize the human rights of indigenous peoples in the ASEAN region and establish a working group on indigenous peoples. In addition, the Forum urges the South Asian Association for Regional Cooperation to establish a human rights commission and a working group on indigenous peoples.