The Permanent Forum is convinced that a declaration on the rights of indigenous peoples will be an instrument of great value through which to advance the rights and aspirations of the world’s indigenous peoples. The Permanent Forum therefore recommends the adoption without amendments of the draft declaration on the rights of indigenous peoples as contained in the proposals of the Chairperson of the working group of the Commission on Human Rights on the draft United Nations declaration on the rights of indigenous peoples (see E/CN.4/2006/79, annex I) by the General Assembly during its sixty-first session in 2006. This would represent a major achievement for the Second International Decade of the World’s Indigenous People.
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 remains concerned about continuing human rights violations, including arbitrary killings and extrajudicial executions, throughout northeastern India. It echoes the call of indigenous peoples (scheduled tribes) of the region and urges India to repeal the Armed Forces Special Powers Act of 1958, investigate alleged human rights abuses in the region and hold those responsible to account.
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 encourages the Government of Paraguay to continue to accept assistance from United Nations agencies and programmes and national cooperation agencies in order to develop policies aimed at the elimination of forced labour and other forms of servitude, especially in matters relating to the most urgent challenges: food, health, housing and education.
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 reiterates its call upon African Member States to extend invitations to the Special Rapporteur on the rights of Indigenous Peoples and other mandate holders to conduct country visits to foster transparent and constructive dialogue. The Forum notes the invitations from the Governments of Namibia and the United Republic of Tanzania to the Special Rapporteur to undertake country visits and invites Member States to provide financial support to realize these visits.
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.
The Permanent Forum reiterates the call, made at its fifth and eleventh sessions, upon United Nations agencies and funds to conduct and support regional and international human rights training programmes aimed at building the capacity and advocacy skills of indigenous youth. The Forum further recommends the use of youth forums, social media and other popular cultural forms of communication to disseminate information and training material on the rights of indigenous youth and to facilitate consultation processes at the national and international levels.
The Permanent Forum recommends that the Arctic Council adopt, at its ministerial meeting in 2015, a comprehensive long-term strategy for resource extraction in the Arctic region in order to end present uncontrolled, unmanaged and unsustainable industrial practices, including an ethical code of conduct committing private entities operating in the Arctic to not engage in practices harmful to the environment and to respect human rights, particularly those of Arctic indigenous peoples.
The Permanent Forum has learned from indigenous peoples’ communications, which have been corroborated by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, that in the Chaco region there are Guaraní communities in a practical state of slavery. According to the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, as well as the articles 17, 26 and 28 of the United Nations Declaration on the Rights of Indigenous Peoples, the Forum strongly supports the efforts of the current Government of Bolivia and the commitment of the incoming Government of Paraguay to discontinue this enslaving practice and return indigenous lands to their lawful owners, the Guaraní themselves.
The Permanent Forum invites the Special Rapporteur on violence against women, the Special Rapporteur on the right to food and the Special Rapporteur on the right to development to attend the eighth session of the Forum.