The Permanent Forum invites the Special Rapporteur of the Human Rights
Council on the situation of human rights defenders to prepare a study on the drivers
of attacks against indigenous human rights defenders in business contexts and invites
the Special Rapporteur to share information on progress with the Permanent Forum
at its twenty-second session, to be held in 2023.
In the light of the emerging international legal framework for local communities, the Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights (OHCHR) prepare, in consultation with other relevant United Nations entities, including the secretariat of the Convention on Biological Diversity, and before 2022, a comparative legal study that analyses the rights of indigenous peoples and the emerging rights of local communities.
The Permanent Forum urges the Government of Kenya to implement the recommendations of the African Commission on Human and Peoples’ Rights on the rights of Endorois to the ownership of their ancestral lands, to the restitution thereof and to compensation in that connection.
The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.
The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
The global engagement of indigenous peoples at the international level has led to some positive institutional developments, including the establishment of the Local Communities and Indigenous Peoples Platform of the United Nations Framework Convention on Climate Change. The traditional knowledge of indigenous peoples can play an important role in the fight against climate change. Member States and United Nations entities should ensure that any activities related to the use of the traditional knowledge of indigenous peoples respect indigenous peoples’ own protocols and consent agreements for managing access to their traditional knowledge. Strengthening and ensuring the full participation of indigenous peoples at all levels is also critical for the design and implementation of climate policies, plans, programmes and projects at the local, national and global levels.
With reference to article 42 of the United Nations Declaration, the Permanent Forum invites African States, in particular Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Mali, Nigeria and Rwanda, to present, at its sixteenth session, information on the situation of indigenous peoples affected by conflict in those countries.