The Permanent Forum demands that WIPO recognize and respect the applicability and relevance of the Declaration as a significant international human rights instrument that must inform the Intergovernmental Committee process and the overall work of WIPO. The minimum standards reflected in the Declaration must either be exceeded or directly incorporated into any and all WIPO instruments that directly or indirectly impact the human rights of indigenous peoples.
The Permanent Forum recommends that interested parties organize an international expert group meeting on the theme “Indigenous peoples: sacred plants and sites, articles 11, 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples”, and requests that the conclusions of such a meeting be submitted to the Forum at its tenth session.
The Permanent Forum recommends that all Governments, including the Government of Canada, and the bodies established under the United Nations Convention on the Law of the Sea ensure respect for and recognition of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples and that they follow up on the full and effective implementation of the Declaration, in particular in the context of Arctic indigenous peoples. In this regard, these parties must pay immediate and special attention to the right of indigenous peoples to participate in decision-making in all matters that affect their rights; the right of indigenous peoples to their lands, territories and resources; and the right of indigenous peoples to free, prior and informed consent.
The Permanent Forum supports the work of the Committee on the Rights of the Child in its current effort to draft a general comment on the status of indigenous children worldwide, supports the Committee’s effort to secure broad input from indigenous peoples and encourages wide dissemination of the final report to indigenous peoples, States and United Nations bodies and agencies.
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 welcomes the fact that United Nations entities and bodies, including mandate holders and, notably, OHCHR and the United Nations Environment Programme, take their share of the responsibility to ensure a safe space for Indigenous Peoples participating in United Nations meetings. The Permanent Forum requests that United Nations bodies and entities create an urgent response mechanism to acts of intimidation and reprisals against Indigenous human rights defenders cooperating with the United Nations, in line with existing United Nations guidance on protection and promotion of civic space and the Secretary-General’s Call to Action for Human Rights. The Permanent Forum will consider how to strengthen its own response mechanisms and its cooperation with the Assistant SecretaryGeneral for Human Rights, in line with General Assembly resolution 77/203, on this pressing matter, including through the appointment of focal points.
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 Permanent Forum welcomes the legal reforms and policies carried out in some States to recognize the right of indigenous peoples to food and food sovereignty. It would also like to encourage the remaining States to take the steps towards its recognition. The Permanent Forum encourages States to take positive actions to facilitate the capacity of indigenous peoples to strengthen traditional food systems, such as formally recognizing and demarcating indigenous territories to enable them to carry out productive food activities, in accordance with article
8 (2) (b) of the Declaration, which prohibits States from any action that has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources.
The Permanent Forum hails the adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly. The 13th of September 2007 is a historic day for the United Nations, indigenous peoples and States and marks the beginning of a new era of renewed partnerships for the promotion and protection of the human rights of all indigenous peoples and each indigenous person around the world. The Forum notes its new responsibility under the Declaration and pledges its commitment to making it a living document throughout its work. The Forum thus invites the international community as a whole, States, indigenous peoples, non-governmental organizations, the private sector, academia and the media to promote the Declaration and apply it in their policies and programmes for the improvement of indigenous peoples’ well-being around the world
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 urges States that have been recommended by the universal periodic review to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), to do so
The Permanent Forum recommends that the UNESCO World Heritage Committee, and the advisory bodies IUCN, ICOMOS and ICCROM, scrutinize current World Heritage nominations to ensure they comply with international norms and standards of free, prior and informed consent.