The Permanent Forum recommends that the Ad Hoc Working Group on Access and Benefit-sharing consider at its next meeting the report of the international indigenous and local community consultation on access and benefit-sharing and the development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).
The Permanent Forum recommends that Asian States:(a)Adopt the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council on 29 June 2006, before the end of the sixty-first session of the General Assembly;(b)Recognize indigenous peoples constitutionally and legally as peoples, promote legal reform, in particular with regard to the recognition of indigenous peoples’ collective land rights and their customary laws and institutions, which promote diversity and pluralism;(c)Adopt laws regulating the activities of investors and mitigating the negative impact of economic liberalization on the territories of indigenous peoples;(d) Have national laws in conformity with relevant international norms and standards;(e)Establish land commissions or mechanisms that address violations of indigenous peoples’ land rights, facilitate the restitution of alienated land and settle disputes;(f) Establish full transparency regarding projects on indigenous territories by States and corporations, through the implementation of the principles of free, prior and informed consent, in accordance with customary laws and practices of the respective indigenous peoples;(g) Abandon transmigration policies and programmes and prevent illegal migration to indigenous territories.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
The Permanent Forum calls upon the Government of the United Republic of
Tanzania to immediately cease efforts to evict the Maasai people from the
Ngorongoro Conservation Area.
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
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 recommends that corporations, regulating bodies and certification bodies incorporate the rights of indigenous peoples in their quality standards, operating plans, business plans and investment plans.
The Permanent Forum recommends that Member States strengthen and implement legal and institutional frameworks that recognize and protect the rights of Indigenous Peoples to their lands, territories and resources and ensure their participation in decision-making processes. Such frameworks should adhere to the Declaration and Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization, ensuring Indigenous Peoples’ free, prior and informed consent when development, environment, biodiversity and climate change programmes and projects are conducted on their lands and territories.
The Permanent Forum recommends that United Nations treaty bodies and mechanisms, as well as the universal periodic review process, scrutinize the reports and human rights records of States, so as to effectively address rights ritualism. This should include ensuring that States’ claims are systematically compared with the concerns raised by indigenous peoples and civil society.
The Forum urges the United Nations system and States to give special priority to implementing previous recommendations made by the Forum, and to take into account the cross-cutting nature of human rights issues.
The Permanent Forum urges the Republic of Paraguay to take urgent action to implement the resolutions of the Inter-American Court of Human Rights concerning communities that are experiencing major humanitarian crises.
The Permanent Forum invites Member States to fully implement recommendations made by the Special Rapporteur on the rights of indigenous peoples following her or his country visits.