The Permanent Forum recommends that the Organization of American States establish a consultation mechanism, composed of experts from indigenous peoples, as part of the effort to ensure national implementation of the American Declaration on the Rights of Indigenous Peoples, the United Nations Declaration on the Rights of Indigenous Peoples and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
The Permanent Forum recommends that the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) conduct a study on violence against indigenous women and access to justice, especially in cross-border situations, in cooperation with indigenous women.
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
Furthermore, States should strengthen measures, systems and resources to effectively address all forms of violence against indigenous women, such as female genital mutilation; child marriage; sexual abuse; forced labour; modern slavery; domestic, institutional and political violence, including in the context of forced displacement; sexual exploitation; trafficking; armed conflict; and the militarization of indigenous lands and territories.
(i) The Forum recalls and reiterates: a. Paragraph 18 of the Durban Declaration which requested States to adopt public policies and give impetus to programmes on behalf of and in concert with indigenous women and girls, with a view to promoting their civil, political, economic, social and cultural rights; to putting an end to their situation of disadvantage for reasons of gender and ethnicity; to dealing with urgent problems affecting them in regard to education, their physical and mental health, economic life and in the matter of violence against them, including domestic violence; and to eliminating the situation of aggravated discrimination suffered by indigenous women and girls on multiple grounds of racism and gender discrimination
Given increased violence against indigenous peoples in the Amazon region, the Permanent Forum urges the Member States of the region to take urgent, extraordinary and coordinated measures to protect the individual and collective rights of indigenous peoples, with the aim of maintaining their ownership and use of their territories. The Forum also calls upon the United Nations system and specialized agencies, including OHCHR, the United Nations Environment Programme, the United Nations Development Programme (UNDP), the Food and Agriculture Organization of the United Nations (FAO) and ILO, to support Member States in the protection of indigenous peoples’ habitats and cultures in the Amazon region in cooperation with indigenous peoples.
The Permanent Forum recalls its invitation to the Committee on Economic, Social and Cultural Rights to initiate a general comment on the collective rights of indigenous peoples to lands, territories and natural resources. The Forum welcomes the decision of the Committee to draft a general comment on land and economic, social and cultural rights. However, the Forum expresses its concern about the limited participation of indigenous peoples in the drafting of the general comment and invites the Committee to consider facilitating the participation of indigenous peoples. The Forum also invites the United Nations Voluntary Fund for Indigenous Peoples to provide support in this regard.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Forum recognizes and applauds other indigenous fellowship programmes, in particular the fellowship programme established and funded by the regular budget of the Office of the United Nations High Commissioner for Human Rights and the newly established fellowship programme of the ILO. Furthermore, the Forum particularly recognizes the capacity-building efforts of the indigenous fellowship programme of the Office and requests that, in order to complement their Geneva based training, the indigenous fellows at the Office should participate, on an annual basis, in the sessions of the Forum. Further consideration should also be given to provide some time for training at the secretariat of the Forum, during non-sessional periods.
The Forum takes note of the recommendations of the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples following his latest visits to Chile, Colombia and Mexico. The Forum calls upon the Office of the High Commissioner to elaborate technical cooperation programmes to assist in the implementation of the recommendations.
The Forum expresses its appreciation to the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples for their participation at its third session, and recommends that they pay special attention to the factors contributing to violence against indigenous women, especially domestic violence and sexual abuse.
The special rapporteurs, as well as other mechanisms relevant to the Commission on Human Rights, are encouraged to study the effects of armed conflict on the fundamental rights of indigenous peoples, especially on women and children.