The Permanent Forum recommends that United Nations treaty bodies and mechanisms, as well as the universal periodic review process, scrutinize the reports and human rights records of States, so as to effectively address rights ritualism. This should include ensuring that States’ claims are systematically compared with the concerns raised by indigenous peoples and civil society.
The Permanent Forum recommends to the Human Rights Council that, in the course of a universal periodic review, the situation of indigenous peoples of a country under consideration also be examined.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights in cooperation with the Permanent Forum develop a coherent and strategic plan of action in Africa in cooperation with indigenous peoples and their representative organizations, and that the implementation of the programme of the Office of the High Commissioner to strengthen capacity to protect and advocate for the human rights of indigenous peoples be linked to other United Nations bodies, notably the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), the secretariat of the Convention on Biological Diversity, the World Intellectual Property Organization (WIPO), UNESCO and others.
The Permanent Forum has paid particular attention to the participation and representation of indigenous peoples in development processes, such as those related to the Millennium Development Goals, data collection and disaggregation, and urban indigenous peoples and migration. The Forum has recommended on numerous occasions that United Nations agencies, international financial institutions and other development actors change their paradigms and approaches to their work with indigenous peoples. This includes increased mainstreaming of indigenous peoples’ issues in their work, respect for the principle of free, prior and informed consent, recognition of collective rights, including treaty rights, and increased participation of indigenous peoples, including women, in programme design, implementation and monitoring.
Post-pandemic recovery efforts have exacerbated human rights violations against indigenous peoples across Asia. Governments have used economic recovery plans as a justification to seize indigenous lands for the purposes of resource extraction, and indigenous environmental defenders are often threatened and arrested. The Permanent Forum calls on Member States to guarantee the principles of free, prior and informed consent throughout its post-pandemic recovery efforts to ensure that the socioeconomic development of indigenous territories is implemented in full cooperation with indigenous peoples.
The lack of effective recognition of the indigenous justice systems by State institutions, as well as the ongoing discrimination against them in the State justice system and inadequate access to redress and reparation, are among the key challenges faced by indigenous peoples around the world. Strengthened support for indigenous justice systems is key to promoting human rights, the rule of law, the achievement of justice for all and the promotion of effective, accountable and inclusive institutions, as set out in Goal 16.
The Permanent Forum welcomes the initiation of a national dialogue to discuss and achieve key constitutional reforms in the field of justice in Guatemala, and encourages the recognition of indigenous justice systems. The Forum urges Guatemala and the private sector, in addition to the World Bank and other international economic institutions, to acknowledge that serious efforts require structural economic and social reforms rather than rapid growth of gross domestic product in order to reverse widespread and growing poverty among the indigenous peoples of Guatemala. Such crucial reforms must ensure more equitable distribution and access to traditional lands for the indigenous peoples of Guatemala, consistent with the rights affirmed in the United Nations Declaration, and on the basis of respect for and legal recognition of their collective rights, including their self-determined development. Furthermore, the Forum calls upon Guatemala to reinforce the effective and full implementation of the Peace Accords.
The Permanent Forum encourages the Office of the United Nations High Commissioner for Human Rights (OHCHR), ILO and UNDP to strengthen their collaborative framework and partnership for the promotion and implementation of indigenous peoples’ rights through joint country programmes aimed at building capacity and establishing mechanisms for consultation, participation and consent in accordance with ILO Convention C169 and the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertake a study on the implications of national security and anti-terrorist laws, policies and programmes for indigenous peoples and make recommendations on the human rights of indigenous peoples.
The Permanent Forum calls upon all member States and United Nations agencies to respond to the annual questionnaire from the secretariat of the Permanent Forum in order to provide information on reliable practices that lead to the full and effective implementation of the Declaration. Further, the Forum recommends that the secretariat of the Permanent Forum include questions that particularly focus on indigenous children and youth.
The Permanent Forum recommends that the Department of Peacekeeping Operations of the United Nations Secretariat collaborate with indigenous peoples’ organizations in investigating violations of indigenous peoples’ human rights committed by United Nations peacekeepers.
The Permanent Forum recommends that corporations, regulating bodies and certification bodies incorporate the rights of indigenous peoples in their quality standards, operating plans, business plans and investment plans.