The Permanent Forum takes note with concern of the situation of indigenous peoples of the Sahel and other parts of Africa, where a number of factors, including climate change, are having a devastating impact on economic development and human security. The lack of recognition of the collective rights of these peoples has created fertile ground for their loss of territories and resources and the emergence of complex forms of conflict, including violent extremism. The Forum calls on the Working Group on Indigenous Populations/Communities in Africa of the African Commission on Human and Peoples’ Rights to prepare recommendations for the consideration of the African Union to address this situation, in partnership with the Economic Commission for Africa and other regional bodies.
The Permanent Forum welcomes the initiatives of national human rights institutions, such as those from Malaysia, Indonesia and Bangladesh, and encourages other human rights institutions to conduct national inquiries on the rights of indigenous peoples to their lands, territories and resources.
The Forum recommends that Member States review their constitutions with respect to the recognition of the existence and rights of indigenous peoples, with the effective participation of indigenous peoples
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 urges Member States to implement the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the Escazú Agreement.
The Permanent Forum recommends that OHCHR produce a periodic electronic bulletin on relevant activities regarding the rights of indigenous peoples, including decisions and observations by United Nations human rights mechanisms regarding States under review, and its activities at the regional or local levels and other events.
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 recommends that United Nations human rights mechanisms examine the plight of indigenous peoples from French Polynesia, Guam and the Marshall Islands who have been victims of the effects of nuclear testing in the Pacific.
The Permanent Forum recommends that the Pacific Islands Forum create a mechanism for contributions by and participation of indigenous peoples’ representatives in its meetings and related structures and activities.
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.
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
The Permanent Forum welcomes the fact that the principles and rules contained in the United Nations Declaration on the Rights of Indigenous Peoples have been integrated into the new constitution of the Plurinational State of Bolivia, which was ratified in a referendum held on 25 January 2009.