In accordance with article 42 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum urges States to conduct an independent audit of their constitutional and other laws, policies and programmes in order to assess their consistency with the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination, and to amend such laws, policies and programmes in order to remove all forms of discrimination. In particular, the Forum urges States to prioritize laws, policies and programmes that target hate speech and political and racial vilification.
The Permanent Forum recommends that interested parties organize an international expert group meeting on the theme “Indigenous peoples: sacred plants and sites, articles 11, 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples”, and requests that the conclusions of such a meeting be submitted to the Forum at its tenth session.
With regard to the development of national action plans, as committed to by Member States at the World Conference on Indigenous Peoples, the Permanent Forum welcomes the adoption by the Government of El Salvador of a national action plan and encourages its full and effective implementation. The Forum strongly urges other States to follow this good practice and develop their own national action plans for the full implementation of the Declaration. The Forum also encourages States to review recommendations made at past sessions, renew efforts at their implementation and report on progress made by 2021. The Forum invites the United Nations system to support the efforts of Member States in this regard.
The Forum invites the Office of the High Commissioner for Human Rights to present an evaluation of the implementation of the Durban Plan of Action at the sixth session of the Forum (2007) pertaining to indigenous peoples, especially indigenous women
The Permanent Forum welcomes the announcement during this session of the Conservation Initiative on Human Rights by eight global conservation organizations — the International Union for the Conservation of Nature and Natural Resources, the World Wide Fund for Nature/World Wildlife Fund, Fauna and Flora International, Wetlands International, BirdLife International, the Nature Conservancy, the Wildlife Conservation Society and Conservation International — which aims to promote the integration of human rights in conservation policy and practice, based on their common interest in promoting positive links between conservation and rights of people to secure their livelihoods, enjoy healthy and productive environments and live with dignity. The Forum recommends that these conservation organizations ensure the full participation of indigenous peoples in the implementation of the Initiative. The Forum further recommends that conservation organizations that have projects that have led to the eviction of indigenous peoples from their forests provide redress and restitution to such victims.
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.
Considering their impact on the sexual health and reproductive rights of indigenous peoples, the Permanent Forum calls, in paragraph 62 of the report, for “a legal review of United Nations chemical conventions, in particular the Rotterdam Convention, to ensure that they are in conformity with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Rights of Persons with Disabilities”.
The Permanent Forum invites United Nations bodies with expertise on human rights, cultural rights and the traditional knowledge of indigenous peoples to provide legal and technical comments on the revised draft protocol to the Convention on Biological Diversity on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization for transmission to parties to the Convention for consideration in their final negotiations.
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.
With regard to the environmental issue of water, the Forum, recognizing the indigenous peoples’ Kyoto water declaration made at the World Water Forum, held in Kyoto, Japan, in March 2003, requests that the Commission on Sustainable Development and other relevant United Nations bodies (i.e., UNEP, the United Nations Educational, Scientific and Cultural Organization, UNDP) consider the declaration in their discussions on this theme in 2004.
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 recommends that OHCHR take a leading role in ensuring that United Nations country teams undertake their policies or programmes affecting indigenous peoples in cooperation with indigenous peoples’ representatives and organizations.