The Permanent Forum recommends that relevant United Nations agencies dealing with indigenous peoples’ issues should take action on the inclusion of indigenous persons with disabilities in all their activities, make their websites accessible to persons with disabilities, promote the increased participation of indigenous persons with disabilities in their annual sessions and consider having expert sessions on indigenous persons with disabilities.
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.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
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 Permanent Forum recommends that States implement the principles contained in General Comment No. 21 (2009) of the Committee on Economic, Social and Cultural Rights on article 15, paragraph 1 (a), of the International Covenant on Economic, Social and Cultural Rights regarding the right of everyone to take part in cultural life. In its interpretation of the article, the Committee takes into account the United Nations Declaration on the Rights of Indigenous Peoples. It consequently distinguishes the right of indigenous peoples to take part in their own culture from the same right as it applies to minorities. This distinction is made in particular as a result of the extension of the concept of indigenous culture to material aspects such as territories and resources.
Recalling that the Human Rights Council will assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and complaint procedures; and recalling also that the Council shall complete the review within one year after the holding of its first session, the Permanent Forum strongly urges the Council to ensure the full participation of representatives of indigenous peoples in that review process. The Permanent Forum further urges the Council to maintain and improve mechanisms, mandates, special procedures, expert advice mechanisms and complaint procedures relevant and pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous peoples.
The Permanent Forum reiterates the recommendation it made to the United States at its twenty-second session to grant clemency to Leonard Peltier.
The Permanent Forum commends OHCHR for conducting training sessions on the rights of indigenous peoples for its staff in a number of Asian and African countries. The Permanent Forum recommends that OHCHR continue to expand such training and capacity-building efforts for its staff, both at headquarters and in country teams in all regions.
The Permanent Forum urges States that have been recommended by the universal periodic review to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), to do so
The Permanent Forum requests that the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people undertake a study on the rights of urban indigenous peoples and migration, paying particular attention to their ability to exercise and enjoy their economic and social rights, and that the study be considered at the eighth session of the Permanent Forum. The themes that could be considered in the study include cultural identity, equitable access to essential services, the challenges facing indigenous youth and border issues.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights, the United Nations Institute for Training and Research and other relevant United Nations agencies and offices provide necessary information and training on the universal periodic review process for and with indigenous peoples.
The Permanent Forum welcomes the recommendation to establish a voluntary international mechanism to receive and consider communications from indigenous peoples specifically concerning their claims to, or violations of, their rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. This recommendation deserves further elaboration by indigenous peoples and others concerned. The Forum takes note of the mandate of the Special Rapporteur on the rights of indigenous peoples in this regard.