The Permanent Forum urges the funds, programmes and agencies of the United Nations system to cooperate with States and indigenous peoples in the development and implementation of national action plans, strategies and other measures that aim to achieve the ends of the Declaration, including by providing support for the advancement and adjudication of the collective rights of indigenous peoples to their lands, territories and resources.
The Permanent Forum recommends that those responsible for practices of forced labour or other forms of servitude should be prosecuted under Paraguayan law.
Acknowledging the normative work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum recommends that Member States and WIPO ensure protection against the misappropriation of the intellectual property of indigenous peoples. Member States must also enact laws and adopt policies and mechanisms to protect indigenous peoples’ intellectual property from misappropriation, including the wrongful use of their cultural heritage and traditional knowledge (including traditional knowledge of nature) and traditional cultural expressions (such as oral traditions, rites, literatures, graphic designs, textile designs, traditional sports and games, and visual and performing arts) and the manifestation of indigenous science and technology (including human and genetic resources, seeds and medicines).
The Permanent Forum recommends that Member States in the region enhance the protection of Indigenous Peoples through recognition and autonomy, in line with the Declaration, by revising legal and policy frameworks. Governments should rectify the injustices of the colonial past, taking into consideration Indigenous Peoples and their perspectives, in particular those of Indigenous youth, ensuring the participation of Indigenous Peoples in decision-making.
The Permanent Forum commends WIPO for the establishment of the Voluntary Fund for Accredited and Indigenous Local Communities, and urges Member States and public and private entities to contribute to the Fund to ensure its operation beyond the twenty-second session of the Intergovernmental Committee in accordance with States’ commitment to article 41 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum supports the initiative of OHCHR to develop guidelines for the protection of peoples in voluntary isolation and initial contact in the Amazon Region and the Gran Chaco, which are currently under consultation with indigenous organizations and the States concerned. The Permanent Forum recommends that, in developing the guidelines, attention be directed to the United Nations Declaration on the Rights of Indigenous Peoples, particularly in terms of the right to self-determination. The organizations in closest contact with those indigenous peoples that remain in voluntary isolation or initial contact should be involved in the elaboration of these guidelines.
The Permanent Forum welcomes the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, on the international seminars on “Constitutional Reforms, Legislation and Implementation of Laws regarding the Rights of Indigenous Peoples” held in Geneva and Tucson, Arizona, in July and October 2005, respectively (E/CN.4/2006/78/Add.5). Concerned about the status of recommendations and the implementation gap, the Permanent Forum recommends to indigenous peoples’ organizations, non-governmental organizations and interested United Nations organizations and States that they hold United Nations expert seminars regarding the implementation of the Special Rapporteur’s recommendations and request that the results of the meetings be reported to the Permanent Forum at its sixth session.
The Permanent Forum recommends that OHCHR conduct in 2007, in consultation with indigenous peoples’ organizations, non-governmental organizations, experts, States and multilateral and bilateral agencies, the formulation of guidelines directed to all actors, both governmental and non-governmental, dealing with the respect and protection of the rights of indigenous peoples in voluntary isolation and initial contact.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum welcomes the announcement by New Zealand to endorse the United Nations Declaration on the Rights of Indigenous Peoples and the announcement by the United States of America that it will review its position on the Declaration. It also welcomes the indication by Canada in the 2010 Speech from the Throne that it will take steps to endorse the Declaration. The Forum recommends that the United States and Canada expedite their commitments made to endorse the Declaration
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
The Permanent Forum recommends that OHCHR and UNDP continue their work in support of national human rights institutions and focus on capacity development support to promote and protect indigenous peoples’ rights.