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.
Since the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, few States have entered into effective dialogue or partnerships with indigenous peoples or have undertaken adequate legal reforms to implement the Declaration. Based on interventions and reports of representatives of indigenous peoples from all regions of the world at its eleventh session, the Permanent Forum is alarmed about the ongoing gross human rights violations being perpetrated against indigenous peoples and therefore calls upon all States to take urgent action to end such violations and to recognize and respect the human rights standards contained in the Declaration.
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.
The Permanent Forum notes with appreciation the establishment of a Voluntary Fund by WIPO to enable the participation of indigenous representatives in the work of the WIPO Intergovernmental Committee on traditional knowledge and traditional cultural expressions, and encourages donors to contribute to the Trust Fund.
The Permanent Forum recommends that the secretariat of the Permanent Forum, the United Nations Children’s Fund (UNICEF), the United Nations Institute for Training and Research, UNDP and the United Nations Programme on Youth cooperate closely with the Global Indigenous Youth Caucus to conduct and support regional and international human rights training programmes to build the capacity and advocacy skills of indigenous youth.
In accordance with international law, the Permanent Forum recommends that all States members of the Organization of American States recognize and respect that the United Nations Declaration constitutes the minimum standards for the survival, dignity and well-being of indigenous peoples of the world, and requests them to ensure that the draft American declaration on the rights of indigenous peoples is consistent with or exceeds the standards affirmed in the United Nations Declaration.
The Permanent Forum urges all Arctic States to endorse and implement the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum welcomes the initiative taken by the International Organization for Migration (IOM) and the secretariat of the Permanent Forum to convene a first expert meeting on the nexus between indigenous peoples and migration and endorses the recommendations of that meeting and requests further inter-agency cooperation and collaboration regarding data collection and case studies on indigenous peoples and migration, in particular the creation of a task force to specifically address migration issues of indigenous peoples within the existing Inter-Agency Support Group on Indigenous Issues for the Permanent Forum. Such a task force could assist with studies by indigenous leaders and experts and promote capacity-building projects dealing with the migration of indigenous peoples.
The Permanent Forum underscores the need to strengthen collaboration with UN-Women in order to finalize a road map, including concrete actions, and specific outcomes within their next strategic plan as well as to include indigenous women’s priorities in global, regional and national programmes, consistent with articles 21, 22 and 41 of the Declaration.
The Permanent Forum welcomes the work of the Government of Namibia in the development and validation of the white paper on the rights of indigenous peoples, developed with the support of the Department of Economic and Social Affairs. The Forum encourages the Government to take measures to ensure that the white paper is approved and effectively implemented, in cooperation with indigenous peoples in Namibia. Furthermore, the Forum encourages other States, in particular African States, to consider similar measures, consistent with the Declaration.
The Permanent Forum recommends that those responsible for practices of forced labour or other forms of servitude should be prosecuted under Paraguayan law.
The Forum reiterates its recommendations made at its second session, in particular those contained in chapter I, section B, paragraphs 83 to 94 of the report.2