The Permanent Forum calls on the World Bank to activate the 2005 Extractive Industries Review in order to address the impact and legacy of extractive industries on indigenous lands, territories and resources.
The Permanent Forum expresses its grave concern about the lack of observance and implementation of indigenous peoples’ rights, as enshrined in the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the American Declaration on the Rights of Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous Peoples. This underscores the need for more awareness-raising and capacity-building regarding indigenous peoples’ rights, not only for indigenous peoples themselves, but also for government and justice officials, as well as for private sector actors and civil society at large. In this regard, the Forum welcomes the e-learning course on indigenous peoples’ rights developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR), with the support of the Expert Mechanism and United Nations Voluntary Fund for Indigenous Peoples. The course, which is available on the OHCHR website, is a small but important contribution towards building capacities for the promotion and protection of indigenous peoples’ rights.
The Forum welcomes the nomination of the High Commissioner, Justice Louise Arbor, and recommends that she convene a meeting with the Forum members.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
The Forum recommends that Member States, United Nations bodies and mechanisms, the Office of the United Nations High Commissioner for Human Rights and other parts of the United Nations system strengthen the machinery to address the urgent, gross and ongoing human rights violations, militarization of indigenous lands and systemic violence committed by Member States against indigenous peoples.
A recommendation that UN country teams involve members of the Forum in dialogue processes with indigenous peoples.
The Permanent Forum recommends that the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertake a study on the implications of national security and anti-terrorist laws, policies and programmes for indigenous peoples and make recommendations on the human rights of indigenous peoples.
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 requests that UNICEF design, in partnership with other relevant United Nations agencies, a protocol for emergency situations resulting from natural disasters to ensure that, in cases of emergency, there are no violations of the human rights of indigenous peoples, especially indigenous youth, children and women, owing to forced relocation.
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
The Permanent Forum notes that, over the course of the global COVID-19 pandemic, opportunities for consultations and participation in decision-making have increasingly moved online. Although in-person meetings and interaction should always be the preferred option, on-line consultations and decision-making present opportunities for enhanced participation. However, these online options expose existing inequalities and a digital divide that is especially detrimental to the participation of indigenous peoples in many parts of Africa, Latin America, the Pacific and in rural areas around the world. Recognizing that virtual dialogues, consultations and other events will continue beyond the pandemic, the Forum emphasizes that existing mechanisms to support the participation of indigenous peoples in processes that affect them must adapt to this new environment and support the online participation of indigenous peoples. This includes purchasing data packages and facilitating access to electricity and necessary hardware and in-country travel to gain access to stable Internet connections. The Forum notes that current administrative processes of the United Nations do not facilitate such participation and therefore requests that the Secretary-General instruct relevant United Nations entities to make the necessary arrangements as a matter of urgency.
The Permanent Forum affirms that the United Nations Declaration on the Rights of Indigenous Peoples will be its legal framework. The Permanent Forum will therefore ensure that the Declaration is integrated in its own recommendations on the seven substantive mandated areas — economic and social development, environment, health, education, culture, human rights and the implementation of the Declaration — as well as in the Forum’s work under the special theme for each session and in its ongoing themes and priorities.