The Permanent Forum recommends that the Special Rapporteur on the human rights of migrants pay special attention to the vulnerability of urban and migrant indigenous persons.
The Permanent Forum therefore requests the United Nations Office for West Africa and the Sahel to support Member States in the Sahel and the Congo basin in this work, in collaboration with indigenous peoples. In general, indigenous peoples should be invited to contribute to the implementation of the mandate of the Office. Other initiatives of importance to indigenous peoples are the Joint Force of the Group of Five for the Sahel and the Great Green Wall for the Sahara and the Sahel Initiative. The Permanent Forum invites the Office to attend its twenty-second session, to be held in 2023, to share information on progress in its work.
The Permanent Forum calls upon States to ensure that racial non discrimination is guaranteed in their constitutions. The term “racial discrimination” means any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. The Forum calls upon States to adhere to the peremptory norm and the absolute prohibition against racial discrimination as well as all other forms of discrimination, including gender and age.
The Permanent Forum is concerned that, in their efforts to achieve the Sustainable Development Goals, Member States are not complying with the Declaration. In one case, the Committee on the Elimination of Racial Discrimination requested that Norway temporarily suspend the ongoing construction of the Fosen Vind onshore wind power project, which negatively affects the reindeer herding of the South Sami people. The Government of Norway, having concluded that its administrative and legal processes were sufficient, did not implement the interim measures. The Forum urges Member States to respect and comply with decisions made by the United Nations treaty bodies.
The Permanent Forum reaffirms its support for the United Nations Voluntary Fund for Indigenous Populations, which supports indigenous participation to attend its sessions. The Permanent Forum welcomes the contributions made by donors. It notes that contributions to the fund have fallen drastically in recent years and therefore encourages all Governments and others to contribute generously to the Fund.
The Permanent Forum recognizes the need for the United States of America to honour its treaty obligations with tribes. The Forum calls upon the Government of the United States to ensure the return of lands that house boarding schools to Indigenous Peoples.
The Permanent Forum reminds States that the implementation of the United Nations Declaration provides a common framework for reconciliation, justice, healing and peace. Each State has a prime responsibility and duty to protect, promote and implement all human rights, consistent with the Charter of the United Nations and international human rights law. Furthermore, all forms of discrimination must be avoided.
The Permanent Forum urges Member States to include indigenous peoples’ rights in the outcomes of the 2019 Climate Summit called for by the Secretary- General, which will be held on 23 September 2019. The Forum also recommends that States, the United Nations system, indigenous peoples’ organizations and other partners secure funding to ensure the adequate participation of indigenous peoples at the Summit and at the preparatory meetings.
The Forum welcomes the establishment of the indigenous fellowship programme in its secretariat, and calls upon Governments, foundations and intergovernmental and non-governmental organizations to give generously to the Trust Fund of the Secretary-General in support of the Forum, and to earmark their donations for the fellowship programme.
The Permanent Forum welcomes the decision of Bolivia to make the United Nations Declaration on the Rights of Indigenous Peoples national law and to include it in the Constitution approved by the Constituent Assembly. The Forum expresses its support for Bolivia’s implementation of the Declaration through national laws and other means that lead towards the restitution of lands and territories to the indigenous peoples of eastern Bolivia. The Forum encourages Ecuador and Nepal to give due consideration to the United Nations Declaration on the Rights of Indigenous Peoples in their current constitutional processes.
The Permanent Forum reaffirms that indigenous peoples’ participation is crucial for the work of the Forum, and it therefore urges States to facilitate this participation, especially those indigenous peoples funded by the United Nations Voluntary Fund for Indigenous Populations.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.