National human rights institutions are encouraged to work with indigenous peoples to develop strategies to protect and provide support to indigenous human rights defenders.
The Permanent Forum supports the work of the Committee on the Rights of the Child in its current effort to draft a general comment on the status of indigenous children worldwide, supports the Committee’s effort to secure broad input from indigenous peoples and encourages wide dissemination of the final report to indigenous peoples, States and United Nations bodies and agencies.
The Permanent Forum calls upon the States parties to the Convention on Biological Diversity to continue to enhance participatory mechanisms by ensuring that the diverse regional views of indigenous peoples are reflected in discussions on the international regime on access and benefit-sharing. In particular, the parties are urged to ensure adequate representation of indigenous peoples from the seven indigenous geo-cultural regions12 and subregional levels in the Working Group on Access and Benefit-sharing and to ensure that they are provided with opportunities to express diverse regional and subregional views.
The Permanent Forum is deeply concerned about the particular vulnerabilities
of indigenous children. In this regard, it notes the study of the Expert Mechanism on
the Rights of Indigenous Peoples on the rights of the indigenous child under the
United Nations Declaration on the Rights of Indigenous Peoples (A/HRC/48/74) and
the note by the Secretariat entitled “Update on the promotion and application of the
United Nations Declaration on the Rights of Indigenous Peoples: violence against
children” (E/C.19/2022/4), prepared in collaboration with the Special Representative
of the Secretary-General on Violence against Children. The Permanent Forum calls
upon Member States to prioritize the human rights of indigenous children and young
people, in cooperation with indigenous peoples. The Permanent Forum further calls
upon those States that have not yet ratified the Convention on the Rights of the Child,
including its three Optional Protocols – on a communications procedure, on the sale
of children, child prostitution and child pornography and on the involvement of
children in armed conflict, to do so as soon as possible.
The Permanent Forum welcomes the participation, at its seventeenth session, of 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 and invites the Working Group to conduct a study on private militaries and security companies in extractive industries and agribusiness and their impact on the human and collective rights of indigenous peoples.
The Permanent Forum reiterates the regrets that it expressed at its twenty-first session regarding the very high and inhumane incarceration rates of Indigenous Peoples globally, which contribute to poor health, poverty and early and preventable deaths. The Permanent Forum repeats its previous recommendation to the Unit ed States of America on the grating of clemency to Leonard Peltier. Owing to his age and poor health, his release is a humanitarian imperative.
The Forum, taking note with appreciation of the conclusions and
recommendations of the United Nations Human Settlements Programme (UNHabitat) and the Office of the United Nations High Commissioner for Human Rights joint publication entitled “Indigenous peoples’ right to adequate housing: a global overview”, recommends that UN-Habitat, jointly with the Office of the High Commissioner, organize an expert group meeting in 2006 to review the status of progress on indigenous peoples’ housing rights globally and identify and document best practices, and report on the outcome and recommendations of the meeting to the Forum at its sixth session.
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Forum recommends that Governments and international organizations encourage indigenous peoples to participate fully in the work of reconciliation and truth commissions. The Forum welcomes the contribution of a paper by the Division for the Advancement of Women on the work of the Committee on the Elimination of Discrimination against Women (see E/C.19/2004/CRP.7) and recommends that the Committee enhance its monitoring of the implementation of the Convention on the Elimination of Discrimination against Women regarding indigenous women, and that it prepare and adopt a general comment on indigenous women, with the full participation of indigenous women.
The Permanent Forum takes note of the upcoming World Congress of Protected Areas, to be held in Barcelona in October 2008. The Forum reiterates its recommendation to the 2003 World Congress of Protected Areas. The Forum requests that the United Nations Declaration on the Rights of Indigenous Peoples be duly considered in the deliberations and results of the World Congress on Protected Areas, and that its participating organizations address the issues of restitution and free, prior and informed consent of indigenous peoples for conservation activities affecting indigenous lands and territories, sacred sites and indigenous peoples’ conservation activities.
The Permanent Forum recognizes that it is important that the Human Rights Council continues to effectively address indigenous peoples’ issues as human rights issues. The Permanent Forum decides to appoint Ms. Ida Nicolaisen and Mr. Wilton Littlechild to undertake a study on the structures, procedures and mechanisms that presently exist and that might be established to effectively address the human rights situation of indigenous peoples, to arrange for indigenous representation and inclusion in such structures, procedures and mechanisms and to submit a report on the subject to the Permanent Forum by 31 December 2007.
The Permanent Forum recommends that intergovernmental organizations such as the Commonwealth Secretariat and the Secretariat of the Ibero-American Summit, in cooperation with indigenous peoples, establish a working group to promote the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Plan of Action of the Second International Decade of the World’s Indigenous People.