The Permanent Forum recommends that the Government of Paraguay should remain firm in its commitment to cooperating with indigenous peoples’ organizations in order to find emergency solutions to the extremely serious situation of the indigenous communities that have been wholly dispossessed of their land, and to implement policies to ensure the reconstitution of their territory.
The Permanent Forum encourages ILO to promote the ratification of the Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169) (Indigenous and Tribal Peoples Convention).
The Permanent Forum is concerned that legal obligations and commitments and indigenous peoples’ treaties, agreements and other constructive arrangements with States are routinely denied and violated by States. With regard to interventions by indigenous peoples on unresolved land rights, including the Six Nations of the Grand River and others on which the Forum has made specific recommendations in the past, the Forum calls upon States to fairly and equitably redress the long-standing unresolved land rights issues through good-faith negotiations, consistent with the United Nations Declaration and without extinguishing indigenous peoples’ land rights.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
The Permanent Forum recommends that Governments respect the free participation of indigenous representatives in United Nations meetings and activities relevant to them, including the Permanent Forum and other bodies.
The Permanent Forum commends OHCHR for conducting training sessions on the rights of indigenous peoples for its staff in a number of Asian and African countries. The Permanent Forum recommends that OHCHR continue to expand such training and capacity-building efforts for its staff, both at headquarters and in country teams in all regions.
The Forum welcomes the participation and perspective of indigenous women and girls with disabilities, recognizes the distinct vulnerability and marginalization that such indigenous individuals encounter as members of an indigenous group, and encourages United Nations agencies, and Governments and organizations, to include their views.
The Permanent Forum recommends that national human rights institutions and commissions address indigenous peoples’ issues and include indigenous experts as members of such bodies.
The Permanent Forum recommends that OHCHR pursue its efforts to encourage increased use of the United Nations Declaration on the Rights of Indigenous Peoples by national human rights institutions.
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.
The Permanent Forum recommends that the United States of America grant clemency to Leonard Peltier, who has been imprisoned since 1977 and is now an elderly person.
The Permanent Forum requests that the Special Representative of the Secretary-General on human rights defenders conduct a specific study on the situation of indigenous human rights defenders and submit a report to the Permanent Forum at its eighth session.