Mindful of the systemic discrimination and racism experienced by indigenous peoples in the law enforcement, judicial and correctional institutions of States across the globe, the Permanent Forum urges States that have ratified the International Covenant on Civil and Political Rights and the International Convention on the Elimination of all Forms of Racial Discrimination to comprehensively review the civil rights of indigenous peoples, in particular those of indigenous women and children who are victims of sexual violence, in order to ensure that they have fair, non-discriminatory access to justice.
Indigenous peoples lack recognition, and face poor implementation of their
rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member
States of their duty to protect.
The Permanent Forum expresses its appreciation to the United Nations Institute for Training and Research (UNITAR) for its training programme established to enhance the conflict prevention and peacebuilding capacities of indigenous peoples’ representatives, which has provided outstanding training for 270 indigenous representatives since 2000, and recommends that this important programme be supported henceforth through the regular budget of the United Nations.
The Permanent Forum recommends that Governments, bilateral and multilateral donor and development agencies and other development partners responsible for or assisting in the implementation of sectoral strategies or other programmes affecting lands owned, occupied or otherwise used by indigenous peoples review the consistency of such strategies and programmes with internationally recognized standards for the protection of the rights of indigenous peoples and the impact of such strategies and programmes on indigenous communities and report to the Permanent Forum at its seventh session in 2008 on the results of these reviews and on any strategies adopted to address the challenges they might identify.
With reference to article 42 of the United Nations Declaration, the Permanent Forum invites African States, in particular Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Mali, Nigeria and Rwanda, to present, at its sixteenth session, information on the situation of indigenous peoples affected by conflict in those countries.
On the basis of information received at its second session, the Forum expresses its deep concern about the reported atrocities committed against the Pygmy people in the Democratic Republic of the Congo and the Kuna people of Panama, and atrocities committed against indigenous peoples in other regions of the world. It urges the entire United Nations system as well as the appropriate bodies to take appropriate action.
The Permanent Forum thanks Finance in Common, a global network of public development banks, for its invitation to the fourth Finance in Common Summit. The Forum encourages the continuation of collaborative efforts to enhance support for the rights of Indigenous Peoples.
The Permanent Forum urges indigenous peoples’ organizations and academic institutions, in particular indigenous peoples’ universities, to prepare thematic studies, within the mandate areas of the Forum, as a contribution to the preparatory processes leading up to the World Conference on Indigenous Peoples in 2014.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
The Permanent Forum expresses its concern for the human rights of indigenous peoples in the Non-Self-Governing Territories in the Pacific region and calls on the United Nations Human Rights Council to designate a Special Rapporteur on the situation of indigenous peoples of those territories.
The Permanent Forum recommends that national human rights institutions and other relevant national and regional bodies, including the African Commission on Human and Peoples’ Rights, promote the rights of indigenous peoples and monitor the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, and ensure that the international standards on indigenous peoples’ rights are translated into national laws.
The Permanent Forum calls on the Office of the Attorney General and the district prosecutors’ offices in the Departments of Chuquisaca, Santa Cruz and Tarija to conduct criminal investigations into the events described by the Plurinational State of Bolivia in its report to this session of the Forum and in the subsequent report of the Inter-American Commission on Human Rights.