The Permanent Forum notes the progress made in promoting indigenous peoples’ rights through the Programme to Promote ILO Convention No. 169 (PRO-169). The Permanent Forum urges ILO to maintain and strengthen this important project/programme.
The Permanent Forum is concerned by issues related to land tenure, the collective rights of indigenous peoples, customary rights, land-grabbing and the closure of transhumance corridors. The Permanent Forum therefore recommends that States of the Sahel and the Congo basin establish a legal framework to consolidate their national and local land tenure regimes with a view to resolving conflicts peacefully. In addition, those States should enhance access to justice for the aff ected indigenous pastoralists and provide training for judicial officials on those issues.
The Forum welcomes and supports the decision of the Commission on Human Rights as contained in paragraph 11 of its resolution 2003/56 of 24 April 2003 to hold a seminar on the administration of justice.
Recalling the study on decolonization of the Pacific region (see E/C.19/2013/12), the Permanent Forum invites the relevant States to provide information on the status of the situation of the indigenous peoples concerned to the Permanent Forum at its sixteenth session.
The Permanent Forum urges States to generate statistics disaggregated by ethnicity, gender, indigenous identity, language, language skills and self-identification, and to provide sources of data to allow for a more accurate assessment of whether indigenous children and youth are actually benefiting from the expenditure earmarked for them. The Forum also urges United Nations agencies, funds and programmes to support member States in generating statistics and the United Nations agencies, funds and programmes and academic centres to produce a toolkit that provides a comprehensive and an accurate overview of human development indicators concerning indigenous children and youth.
The Permanent Forum supports the call of the Special Rapporteur on the rights of Indigenous Peoples to redress treaty violations. Indigenous Peoples deprived of treaty rights are also at risk; the Forum urges relevant States to adopt constructive agreements and appropriate laws to ensure Indigenous lands and territories are protected in the face of mineral extraction and development.
The Permanent Forum urges States, in cooperation with indigenous peoples, to develop and implement specific laws and mechanisms to protect indigenous human rights defenders, to ensure that attacks against them are investigated and that those persons responsible are held accountable.
The Permanent Forum urges States to include indigenous peoples in decision-making processes in all areas of water management, including commercial use, irrigation and environmental management, and to ensure that such decision-making processes are consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples, in particular its article 32, under which the free and informed consent of indigenous peoples is required prior to the approval of any project affecting their lands or territories and other resources.
The Permanent Forum recommends that, prior to its seventh session, United Nations organizations should provide technical assistance and convene, in cooperation with indigenous peoples’ organizations, regional workshops on the special theme of the seventh session, “Climate change, bio-cultural diversity and livelihoods: the stewardship of indigenous peoples and new challenges”, with the participation of the members of the Forum and other experts, indigenous peoples’ representatives, indigenous parliamentarians, State representatives and representatives of the United Nations system, in order to formulate recommendations for consideration, as part of its preparatory work for the seventh session. The Permanent Forum further recommends that States, organizations and donors provide resources for these regional workshops and that the report on the human rights situation of indigenous peoples in States and Territories threatened with extinction for environmental reasons be included in the discussions held at the workshops.
The Permanent Forum welcomes the ruling of the Inter-American Court of Human Rights in the case of Saramaka People vs. Suriname (28 November 2007), which aptly applies the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum urges the Working Group of the Organization of American States, which is elaborating the draft American declaration on the rights of indigenous peoples, to consider the United Nations Declaration on the Rights of Indigenous Peoples as the minimum standard.
The Permanent Forum requests that the Special Representative of the Secretary-General on human rights defenders conduct a specific study on the situation of indigenous human rights defenders and submit a report to the Permanent Forum at its eighth session.
The Permanent Forum urges the international community to pay particular attention to the situation of the Batwa peoples, in particular Batwa women, and to support the inclusion of the San people and other indigenous groups in the national census. The Permanent Forum urges African States and their international development partners to review the poverty reduction strategy papers and other frameworks for integrating the specificities of such indigenous peoples as the Batwa, Pygmies, Touaregue, Amazigh, Khoisan and other hunter-gatherers or nomadic peoples in their countries, both in Central and in Southern Africa.