The Permanent Forum welcomes the launching of the United Nations Indigenous Peoples’ Partnership (UNIPP) and urges Member States and others to provide support for the implementation of joint country programmes in at least 8 to 10 countries over the next five years and to the Regional Initiative on Indigenous Peoples’ Rights and Development in Asia and the Pacific through UNIPP.
The Permanent Forum recommends that UNFPA continue its work in support of the participation of indigenous women in regional and national consultations, including training and other capacity-building programmes
The Forum recommends strengthening the mechanisms for collaboration with United Nations agencies and Governments, and monitoring compliance with and the implementation of its recommendations made to United Nations agencies and Governments.
The Permanent Forum reminds States that the implementation of the United Nations Declaration provides a common framework for reconciliation, justice, healing and peace. Each State has a prime responsibility and duty to protect, promote and implement all human rights, consistent with the Charter of the United Nations and international human rights law. Furthermore, all forms of discrimination must be avoided.
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 also recommends to Member States that the development agenda beyond 2015 recognize, protect and strengthen indigenous peoples’ collective rights, in particular the right to land, territories and natural resources.
Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.
The Permanent Forum encourages Member States, in particular those in Africa and Asia, to invite the Special Rapporteur on the rights of indigenous peoples to undertake country studies and promote best practices in realizing the rights of indigenous peoples.
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.
The Permanent Forum recommends that United Nations agencies and actors coordinate in the development and implementation of an international research project on the sexual and reproductive health of indigenous peoples, ensuring an active partnership with indigenous peoples and organizations in all stages of the project.
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 reminds the Secretary-General, through the Assistant Secretary-General for Human Rights, on the continuing relevance of monitoring and reporting on trends related to intimidation and reprisals against Indigenous Peoples who seek to engage with the United Nations. Indigenous Peoples’ representatives have a right to be protected from reprisals for their participation in meetings at the United Nations, including the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples.