Consistent with article 7 of the United Nations Declaration, the Permanent Forum recommends that the Inter-American Commission on Human Rights urgently establish an independent international commission to investigate the assassination of Berta Cáceres and Nelson Garcia of the Lenca people of Honduras.
The Forum recommends that courts and judicial bodies take urgent step to ensure the protection of indigenous peoples from threats of the use of physical violence by Governments or paramilitary groups controlled by Governments and non-State actors
With regard to the development of national action plans, as committed to by Member States at the World Conference on Indigenous Peoples, the Permanent Forum welcomes the adoption by the Government of El Salvador of a national action plan and encourages its full and effective implementation. The Forum strongly urges other States to follow this good practice and develop their own national action plans for the full implementation of the Declaration. The Forum also encourages States to review recommendations made at past sessions, renew efforts at their implementation and report on progress made by 2021. The Forum invites the United Nations system to support the efforts of Member States in this regard.
Considering the continued threats facing indigenous peoples living in voluntary isolation and initial contact, and given their unique vulnerability in the time of the pandemic, the Permanent Forum recommends that local populations in the territories and adjacent areas of indigenous peoples living in voluntary isolation and initial contact be prioritized in COVID-19 vaccination plans. The Forum reminds States that, by virtue of their international obligations, and specifically those contained in the American Convention on Human Rights, they must adopt measures to safeguard the life and integrity of their citizens, especially when it comes to highly vulnerable population groups, as in the case of indigenous peoples living in voluntary isolation and initial contact.
The Permanent Forum welcomes the study of the Expert Mechanism on the Rights of Indigenous Peoples on the right to education and the Expert Mechanism’s Advice No. 1. The Permanent Forum encourages States, indigenous peoples and others to disseminate these texts and incorporate them in national policies and practices.
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.
The Permanent Forum recommends that the Committee on the Elimination of All Forms of Racial Discrimination and relevant special rapporteurs working in the field of human rights review the implementation of their recommendations and provide reports to the Permanent Forum at its seventh session regarding their interactions with relevant States and indigenous peoples and activate, with OHCHR, when necessary, United Nations inter-agency and inter-department early warning procedures and rapid response mechanisms.
The Permanent Forum recommends that those responsible for practices of forced labour or other forms of servitude should be prosecuted under Paraguayan law.
Given the importance of the full range of the human rights of indigenous peoples, including traditional knowledge, culturally appropriate procedures to ensure communication, information, and scheduling, the Permanent Forum calls on all United Nations agencies and intergovernmental agencies to implement policies, procedures and mechanisms that ensure the right of indigenous peoples to free, prior and informed consent consistent with their right to self-determination as reflected in common article 1 of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, which makes reference to permanent sovereignty over natural resources.
The Permanent Forum recognizes the need for the United States of America to honour its treaty obligations with tribes. The Forum calls upon the Government of the United States to ensure the return of lands that house boarding schools to Indigenous Peoples.
The Permanent Forum welcomes the decision of Bolivia to make the United Nations Declaration on the Rights of Indigenous Peoples national law and to include it in the Constitution approved by the Constituent Assembly. The Forum expresses its support for Bolivia’s implementation of the Declaration through national laws and other means that lead towards the restitution of lands and territories to the indigenous peoples of eastern Bolivia. The Forum encourages Ecuador and Nepal to give due consideration to the United Nations Declaration on the Rights of Indigenous Peoples in their current constitutional processes.
The Permanent Forum welcomes the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, on the international seminars on “Constitutional Reforms, Legislation and Implementation of Laws regarding the Rights of Indigenous Peoples” held in Geneva and Tucson, Arizona, in July and October 2005, respectively (E/CN.4/2006/78/Add.5). Concerned about the status of recommendations and the implementation gap, the Permanent Forum recommends to indigenous peoples’ organizations, non-governmental organizations and interested United Nations organizations and States that they hold United Nations expert seminars regarding the implementation of the Special Rapporteur’s recommendations and request that the results of the meetings be reported to the Permanent Forum at its sixth session.