Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum intends to develop a working practice for its next session that will engage the Youth Caucus more actively in its work.
The Permanent Forum welcomes the decision taken by the General Assembly in its resolution 61/193 to declare 2011 the International Year of Forests. The Forum calls on the United Nations Forum on Forests to work closely with the secretariat of the Permanent Forum to ensure the full participation of indigenous peoples in the design and implementation of the activities planned for the International Year of Forests, including the implementation of the recommendations referred to in paragraph 23 above
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights, ILO and UNESCO convene an expert workshop in cooperation with the Permanent Forum on the situation of indigenous peoples in voluntary isolation in order to develop strategies and programmes for the protection of their rights and territories and report to the Permanent Forum thereon at its next session.
The Permanent Forum acknowledges the signing of the peace accord in Colombia and the efforts to implement it. The Forum takes note of Colombia’s statement at the eighteenth session of the Forum on the need to protect the lives and integrity of indigenous human rights defenders. The Forum is, however, deeply concerned that killings of indigenous leaders have been increasing. The Forum urges the Government of Colombia to intensify its efforts to provide effective measures to prevent further attacks and to ensure peace and security for indigenous human right defenders and leaders.
Foster the training of indigenous women in order to gain leadership skills to become community advocates and defenders for indigenous women's rights to achieve gender equity
The Permanent Forum urges the Human Rights Committee and the Committee on Economic, Social and Cultural Rights to require States parties to take into account, in their reports to each body, the first article of both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which must be understood pursuant to article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, which sets out the right of indigenous peoples to self-determination
The Permanent Forum requests that the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people undertake a study on the rights of urban indigenous peoples and migration, paying particular attention to their ability to exercise and enjoy their economic and social rights, and that the study be considered at the eighth session of the Permanent Forum. The themes that could be considered in the study include cultural identity, equitable access to essential services, the challenges facing indigenous youth and border issues.
The Permanent Forum welcomes the progress made in operationalization of the United Nations Indigenous Peoples’ Partnership, a joint venture of the United Nations agencies, the Office of the United Nations High Commissioner for Human Rights, UNDP, ILO, UNICEF and UNFPA at the regional and country levels, in partnership with indigenous peoples, and reiterates its support to its work, firmly believing that it is critical to the implementation of the Declaration at the country level. The Forum also welcomes the contributions of the Governments of Denmark and Finland to the Partnership and calls upon States Members of the United Nations and others to support the work of the Partnership.
The Permanent Forum urges States to include indigenous peoples in decision-making processes in all areas of water management, including commercial use, irrigation and environmental management, and to ensure that such decision-making processes are consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples, in particular its article 32, under which the free and informed consent of indigenous peoples is required prior to the approval of any project affecting their lands or territories and other resources.
The Forum recommends that executive heads of United Nations agencies, funds and programmes that have not yet done so adopt policies on indigenous peoples and designate focal points for addressing indigenous issues relevant to each respective agency’s mandate in order to facilitate the mainstreaming of indigenous issues within the United Nations system.
The Permanent Forum also notes the number of interventions by indigenous peoples alarmed at the denial of their right to free, prior and informed consent in relation to extractive industries and other forms of large- and small-scale development. Therefore, the Permanent Forum recommends that States and international financial and aid institutions systematically monitor, evaluate, assess and report on how free, prior and informed consent has or has not been recognized and applied with respect to the lands, territories and resources of the indigenous peoples concerned.