The Permanent Forum invites the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination to conduct a study on the human rights abuses against Indigenous Peoples of the Sahel region by mercenaries and other non-State armed actors.
The Permanent Forum notes the increasing operational activity of extractive industries and other large-scale development projects, including land grabbing, which is taking place on or near the territories of indigenous peoples in many African States, often without the involvement of indigenous peoples and without their free, prior and informed consent. The Forum recommends that African States must respect the United Nations Declaration on the Rights of Indigenous Peoples, in particular the right of indigenous peoples to free, prior and informed consent.
The Permanent Forum calls upon States that have not already done so to engage in constructive partnerships with indigenous peoples to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to adopt specific action plans, strategies or other measures that will deliver required financial and technical assistance to indigenous peoples in order for them to achieve and exercise self-determination.
The Permanent Forum recommends that the Human Rights Council mandate the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with the contribution of the United Nations Special Rapporteur on the rights of indigenous peoples, to undertake a study on incarceration, deaths in custody and indigenous peoples
The Permanent Forum reiterates its concern about information brought to its attention on continuing violations of human rights of indigenous peoples in various parts of the world, and calls upon all States to fully implement their obligations under the international human rights and humanitarian instruments. The Forum reiterates its call on States to recognize the rights of indigenous peoples constitutionally and legally, to strengthen their institutions for the promotion and protection of the human rights of indigenous peoples and to enhance awareness-raising and capacity-building efforts for government officials.
The Permanent Forum suggests that the Human Rights Committee also interpret the International Covenant on Civil and Political Rights taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. In particular, the Committee should review its General Comment No. 12 (1984) on the right to self-determination (article 1 of the Covenant) and No. 23 (1994) on the rights of persons belonging to minorities (article 27 of the Covenant) taking into account article 3 and other relevant provisions of the Declaration. In addition, in accordance with the terms of General Comment No. 12, the Committee should request State parties to the Covenant to report on their compliance with their obligations regarding the right of all peoples, including indigenous peoples, to self-determination and related rights. The Committee should request that State parties prepare the relevant sections of their reports on the implementation of the Covenant in consultation and cooperation with indigenous peoples.
The Permanent Forum recalls its previous recommendations on the progress of the implementation of the Chittagong Hill Tracts Peace Accord and calls upon the Government of Bangladesh to take appropriate steps in this regard on an urgent basis. In particular, the Forum urges the Government to frame rules for the Chittagong Hill Tracts Land Disputes Resolution Commission and to generate ethnically disaggregated data, including for the national census of 2021.
The Permanent Forum welcomes the initiative taken by indigenous peoples’ organizations, States non-governmental organizations and OHCHR to improve the visibility of the situations faced by indigenous peoples in voluntary isolation and initial contact and recent efforts to respect and protect the rights of these peoples, particularly in the Amazon and Chaco regions of South America and the Andaman and Nicobar islands in India, including the Penan peoples of the forests of Sarawak in Malaysia. The Permanent Forum highlights, in particular, the Santa Cruz de la Sierra Appeal (“Llamamiento de Santa Cruz de la Sierra”), which was the outcome of the regional seminar on indigenous peoples in voluntary isolation and in initial contact of the Amazon Basin and El Chaco held from 20 to 22 November 2006 in Santa Cruz de la Sierra, Bolivia, with the sponsorship of OHCHR, the Indigenous Work Group for Indigenous Affairs and the Confederacion Indigena del Oriente de Boliva, and with the support of the Government of Bolivia, and the partnership of Denmark, Norway and Spain. The Permanent Forum recommends that OHCHR, other international agencies and States, in partnership with indigenous peoples’ organizations and non-governmental organizations, further replicate and follow up similar initiatives in order to achieve and consolidate sustained long-term policies, mechanisms and procedures that can assure the security and self-determined livelihoods of these peoples, including the guarantee of the inviolability of their territories and natural resources.
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
Furthermore, the Permanent Forum urges those States that have abstained to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum greatly welcomes the new global indigenous peoples’ partnership initiative that UNDP is developing with the International Labour Organization (ILO) and OHCHR to promote the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169. The Permanent Forum hopes to support that initiative, working in cooperation with other actors, by providing advice during the initial phase as well as throughout the process.
The Permanent Forum recommends that an expert seminar be held, without financial implications, and invites the participation of the Committee on the Elimination of Racial Discrimination and the Special Committee on Decolonization, to examine the impact of the United Nations decolonization process on indigenous peoples of the Non-Self-Governing Territories that are on the United Nations list of Non-Self-Governing Territories. The Forum requests that independent experts and the United Nations Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples be invited to participate in the seminar. Furthermore, the Forum requests that indigenous peoples under Non-Self-Governing Territories status also be invited.