The Permanent Forum urges Member States to reform the agreements of intergovernmental conservation organizations, such as the North Atlantic Salmon Conservation Organization, to comply with the principles of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers.
The Permanent Forum appreciates the invitation to participate in the Second Continental Summit of Indigenous Communication, to be held in Oaxaca, Mexico, in 2013 and recommends that Forum members Saul Vicente Vazquez and Alvaro Pop attend the Summit.
The Forum anticipates that the host country will do its utmost to assure the issuance in a timely manner of entry visas to members of the Forum and observers from non-governmental organizations, pursuant to article IV, section 11, of the Headquarters Agreement, in order to attend its sessions. The Forum also anticipates that other member States hosting United Nations meetings to which indigenous organizations are invited will also do their utmost to ensure the timely issuance of entry visas. The Forum further requests that consideration be given to the waivering of visa fees by host countries for applicants wishing to participate in the work of the Forum and related meetings and activities.
The Permanent Forum welcomes the important technical Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of Food Security of the Food and Agriculture Organization of the United Nations (FAO) and recommends that FAO and other agencies, in cooperation with indigenous peoples, organize a workshop on the implementation of these guidelines in order to strengthen indigenous peoples’ rights to land, territories and resources consistent with articles 25, 26, 41 and 42 of the Declaration.
The Permanent Forum is very concerned that indigenous peoples continue to report difficulties in participating in UNDP projects and engaging with UNDP offices. The Forum recommends that UNDP improve access to information on the Programme for indigenous peoples and ensure easier access to its staff members in country offices. UNDP should promote mechanisms that ensure a constructive and institutionalized dialogue between indigenous peoples and United Nations country teams at the country level, for example, by establishing advisory boards composed of indigenous representatives who can bring their perspectives to United Nations programming processes and policies.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum continues to hear numerous accounts from indigenous peoples who are threatened by alien commercial ventures, militarization and administrative decisions that interfere with their governance over their lands, territories and resources and ultimately inhibit their capacity for sustainable development and well-being for future generations. The Forum strongly recommends that such disputes be considered in accordance with article 27 of the United Nations Declaration on the Rights of Indigenous Peoples and paragraph 21 of the outcome document of the World Conference on Indigenous Peoples, ensuring that a mechanism exists that provides for fair, independent, impartial, open and transparent adjudication. Any mechanism established for adjudication of disputes over indigenous peoples’ lands, territories and resources should be agreed upon between States and indigenous peoples.
The Permanent Forum welcomes the progress made towards developing plans to realize the United Nations Declaration on the Rights of Indigenous Peoples in Canada and New Zealand. The Permanent Forum invites Canada and New Zealand to present their final plans on constructive cooperation at the twenty-second session of the Permanent Forum, to be held in 2023.
The Permanent Forum urges States to review their policies on biofuel industries, which, in the name of remedying the impacts of climate change, are resulting in the deforestation of large forest areas and the displacement of indigenous peoples. That increases the vulnerability of indigenous communities and in particular of those living in voluntary isolation.
The Permanent Forum acknowledges the signing of the peace accord in Colombia and the efforts to implement it. The Forum takes note of Colombia’s statement at the eighteenth session of the Forum on the need to protect the lives and integrity of indigenous human rights defenders. The Forum is, however, deeply concerned that killings of indigenous leaders have been increasing. The Forum urges the Government of Colombia to intensify its efforts to provide effective measures to prevent further attacks and to ensure peace and security for indigenous human right defenders and leaders.
In anticipation of the first session of the Human Rights Council, the Permanent Forum recommends that indigenous issues be a standing item in the agenda of the Human Rights Council and that due attention be paid to the human rights and fundamental freedoms of indigenous peoples. The role of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people should be maintained and further strengthened within the Human Rights Council.