The Permanent Forum calls upon United Nations agencies, the World Bank, the Asian Development Bank, other multilateral financial institutions and bilateral donors to establish clear policy commitments to protect the ancestral lands of indigenous peoples.
The Permanent Forum is concerned that the ruling of the African Court on Human and Peoples’ Rights on the Ogiek community in the Mau forest in Kenya has still not been implemented and calls on the Government of Kenya to urgently implement a sustainable system of equitable land tenure to prevent any further forced evictions; publish without delay the recommendations of the task force to advise the Government on the implementation of the decision of the African Court on Human and Peoples’ Rights in respect of the rights of the Ogiek community of Mau; enhance the participation of indigenous communities in the sustainable management of forests; and comply with the decision of the Court.
The Permanent Forum urges the Human Rights Committee and the Committee on Economic, Social and Cultural Rights to require States parties to take into account, in their reports to each body, the first article of both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which must be understood pursuant to article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, which sets out the right of indigenous peoples to self-determination
The Permanent Forum recommends that the International Labour Organization (ILO), the World Bank, the Food and Agriculture Organization of the United Nations (FAO) and other relevant United Nations system agencies, in cooperation with the Permanent Forum, study and summarize practices regarding the implementation of free, prior and informed consent globally, that they widely disseminate successful experiences and that they present their findings to the Permanent Forum at its twenty - fourth session, to be held in 2025.
The Permanent Forum recommends that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.
The Permanent Forum notes that forced labour and all forms of servitude constitute serious human rights violations that it is urgent to address; it therefore urges the Government of Paraguay to combat these practices as a matter of urgency.
The Permanent Forum also notes the number of interventions by indigenous peoples alarmed at the denial of their right to free, prior and informed consent in relation to extractive industries and other forms of large- and small-scale development. Therefore, the Permanent Forum recommends that States and international financial and aid institutions systematically monitor, evaluate, assess and report on how free, prior and informed consent has or has not been recognized and applied with respect to the lands, territories and resources of the indigenous peoples concerned.
The Permanent Forum supports the call of the Special Rapporteur on the rights of Indigenous Peoples to redress treaty violations. Indigenous Peoples deprived of treaty rights are also at risk; the Forum urges relevant States to adopt constructive agreements and appropriate laws to ensure Indigenous lands and territories are protected in the face of mineral extraction and development.
The Permanent Forum welcomes the ruling of the Inter-American Court of Human Rights in the case of Saramaka People vs. Suriname (28 November 2007), which aptly applies the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum urges the Working Group of the Organization of American States, which is elaborating the draft American declaration on the rights of indigenous peoples, to consider the United Nations Declaration on the Rights of Indigenous Peoples as the minimum standard.
The Forum reiterates the recommendations contained in paragraph 24 of its report on the first session, namely, it recommends that the Office of the United Nations High Commissioner for Human Rights organize activities with indigenous peoples in Africa and Asia with a view to: (a) Providing international and regional human rights training for indigenous peoples; (b) Encouraging dialogue between States, indigenous peoples and others on the concept of indigenous peoples in the context of the promotion and protection of cultural diversity; (c) Inviting inter-agency consultation with States and indigenous peoples at the national and subregional levels and to report to the Forum at its third session.
The Forum welcomes and supports Commission on Human Rights decision 2003/117 of 24 April 2003 to hold a seminar on treaties, agreements and other constructive arrangements between indigenous peoples and States, as a follow-up to the United Nations treaty study final report.
E/CN.4/Sub.2/1999/20.
The Permanent Forum calls on States to consult with indigenous peoples in a manner that fully respects their obligations under the Declaration and fully responds to the goals, needs and rights of indigenous peoples in the development and design of relevant legislation.