The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
The Permanent Forum welcomes the fact that the principles and rules contained in the United Nations Declaration on the Rights of Indigenous Peoples have been integrated into the new constitution of the Plurinational State of Bolivia, which was ratified in a referendum held on 25 January 2009.
The Permanent Forum recommends that OHCHR continue to contribute to strengthening the working relations between the treaty bodies and the three United Nations mechanisms which have specific mandates to address indigenous peoples’ issues in order to enhance compliance with the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, OHCHR could facilitate the participation of the Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Chairperson of the Permanent Forum at the next annual meeting of the chairpersons of the treaty bodies.
Considering the statements made by Brazil at the fifteenth session, the Permanent Forum welcomes the willingness of the Government to engage in dialogue concerning the status, conditions and rights of the indigenous peoples of Brazil, many of whom have faced the suspension of the land demarcation process. The Forum respectfully requests Brazil to uphold its national and international obligations to recognize and respect the human rights of indigenous peoples, as affirmed in the United Nations Declaration and ILO Convention No. 169. Furthermore, the Forum urges the interim Government of Brazil to safeguard the status of the National Indian Foundation and its mandate with regard to the indigenous peoples of Brazil.
The lack of recognition of Indigenous Peoples violates their right to self-determination. Their legal recognition should be aligned with the United Nations Declaration on the Rights of Indigenous Peoples and the report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights.1 The Permanent Forum invites African Governments to join groups of friends of Indigenous Peoples.
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 the case of projects affecting indigenous peoples, States ensure that transnational corporations and other business enterprises comply with specific standards contained in the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169.
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 Permanent Forum recommends that the World Health Organization (WHO), the Pan American Health Organization (PAHO), the United Nations Children’s Fund (UNICEF), States, non-governmental organizations and indigenous peoples’ organizations join efforts in implementing appropriate expert health-care actions to prevent disastrous disease problems affecting indigenous peoples in voluntary isolation and recent contact, and consider adopting rapid-effect emergency procedures in situations where the health situation is critical, as it is at present in the Javari Valley in Brazil.
The Permanent Forum notes with concern the slow progress made in the negotiations on the final protocol on access and benefit-sharing. The Permanent Forum reiterates its requests to the parties to the Convention to take into account the United Nations Declaration on the Rights of Indigenous Peoples in the negotiation, adoption and implementation of the access and benefit-sharing protocol.
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 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.