The Permanent Forum calls on Member States, UNDP and other relevant organizations to effectively involve indigenous peoples in the review processes of the implementation of the Millennium Development Goals at the national and local levels and to ensure that disaggregated data on how the Goals are achieved in indigenous peoples territories be included.
The religious, spiritual and cultural sites of indigenous peoples, including the Ktunaxa Nation in Canada, the Aboriginal people of Australia, the Maya of Guatemala and the Amazigh peoples, continue to face destruction. This has profoundly negative impacts on indigenous peoples, including affecting their sacred practices. Consistent with articles 11, 12, 13, 19, 25, 31 and 32 of the United Nations Declaration and paragraphs 20 and 27 of the outcome document of the World Conference on Indigenous Peoples, the Permanent Forum recommends that, in their national action plans, strategies and other measures, States:
(a) Take effective measures to ensure that indigenous peoples’ spiritual and cultural sites are protected;
(b) Ensure that, consistent with article 32 of the United Nations Declaration, indigenous peoples are not forced to defend these rights against proposed development projects or through litigation in courts;
(c) Actively resolve disputes directly with indigenous peoples, consistent with article 19 of the United Nations Declaration, given that these rights constitute critical elements of the survival, dignity and well-being of indigenous peoples.
The Permanent Forum notes that the 2010 annual report of the Committee of Experts on the Application of Conventions and Recommendations devotes increased attention to the implementation by States parties of conventions relevant to the rights of indigenous peoples. The Permanent Forum also notes that 6 of the 12 countries under individual observation on ILO Convention C169 in 2010 must submit a report in 2010, which indicates the serious concern of the Committee about compliance with the Convention by those countries. The Permanent Forum urges the relevant States to present their reports by the deadline established by ILO.
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).
The Forum recommends the designation of focal points in the United Nations country teams or the country offices of United Nations agencies, funds and programs, with a mandate to deal with indigenous issues, inter alia, to follow-up on the implementation of recommendations of the Forum, and the objectives of the Second International Decade of the World's Indigenous People
The Permanent Forum recommends that United Nations agencies and actors coordinate in the development and implementation of an international research project on the sexual and reproductive health of indigenous peoples, ensuring an active partnership with indigenous peoples and organizations in all stages of the project.
The Permanent Forum recommends that United Nations human rights mechanisms examine the plight of indigenous peoples from French Polynesia, Guam and the Marshall Islands who have been victims of the effects of nuclear testing in the Pacific.
The Permanent Forum recommends that all States Parties to International Labour Organization (ILO) Convention No. 169 implement it by training their leading public officials/civil servants to respect and fulfil its provisions. It is crucial that indigenous peoples be fully informed of the consequences of the use and exploitation of natural resources in their lands and territories through consultations, under the principle of free, prior and informed consent, with indigenous peoples concerned. Through free, prior and informed consent, future conflicts can be avoided and the full participation of indigenous peoples in consultation mechanisms, environmental impact assessments and sociocultural impact assessments can be ensured.
The Permanent Forum continues to be deeply disturbed by the threats that the extractive industries, infrastructure megaprojects, such as roads and dams, legal and illegal logging, and the expansion of large-scale agriculture pose to the indigenous peoples living in voluntary isolation and initial contact. While recognizing the guidelines for the protection of indigenous peoples in voluntary isolation and initial contact in the Americas prepared by the Inter-American Commission on Human Rights and the corresponding guidelines elaborated by OHCHR, the Permanent Forum recommends that OHCHR, in cooperation with the Inter-American Commission on Human Rights and with the participation of indigenous peoples’ organizations, evaluate the progress made, identify implementation gaps and make recommendations to advance the protection of indigenous peoples living in voluntary isolation and initial contact and to guarantee their rights.
The Forum calls on all relevant United Nations system and other intergovernmental entities to pay special attention to the human rights and concerns of indigenous peoples, in particular indigenous women, when designing, implementing and evaluating their policies and programmes, and to promote the meaningful participation of indigenous women. In particular, the relation of indigenous women’s issues to the design, implementation and evaluation of programmes, in the context of the 10-year review of the Beijing Declaration and Platform for Action, the Vienna Declaration and Programme of Action on Human Rights and the United Nations Millennium Declaration, needs to be addressed.
The Permanent Forum urges UNDP to further strengthen the right to self-determination of indigenous peoples by choosing indigenous peoples’ organizations as their implementing partners and responsible parties in their projects involving indigenous peoples, especially those with established track records in project implementation. As a corollary to the foregoing, government agencies created to promote and protect the rights and interests of indigenous peoples should be preferred as implementing partners in UNDP programming on indigenous peoples’ issues so that they can effectively perform their mandate
The Permanent Forum urges States to provide detailed reports to the Forum on the implementation of the Declaration. It recommends public education initiatives and the sharing of best practices in respect of the Declaration, in particular through training programmes for government agencies, the judiciary and law enforcement officials, in collaboration with indigenous peoples. Furthermore, the Forum recommends that such reports be included in the periodic reports mandated under human rights treaties and the universal periodic review procedures.