The Forum underlines the importance for country-specific special rapporteurs, thematic special rapporteurs, experts and representatives of the Commission on Human Rights to pay special attention to the situation of indigenous peoples in their respective fields.
The Permanent Forum recommends that States establish, where it does not already exist, a national dialogue with indigenous peoples on human rights, based on the Declaration.
Indigenous peoples lack recognition, and face poor implementation of their
rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member
States of their duty to protect.
The Permanent Forum calls upon the Government of the United States of America to comply with the provisions recognized in the Declaration and to ensure the rights of the Great Sioux Nation to participate in decision-making, as set out in article 19 of the Declaration, given that the construction of the Dakota access pipeline will affect their rights, lives and territory. Furthermore, the Forum recommends that the Government of the United States initiate an investigation of alleged human rights abuses by private security and law enforcement officers that occurred during protests to prevent construction of the pipeline.
The Permanent Forum notes the increasing operational activity of extractive industries and other large-scale development projects, including land grabbing, which is taking place on or near the territories of indigenous peoples in many African States, often without the involvement of indigenous peoples and without their free, prior and informed consent. The Forum recommends that African States must respect the United Nations Declaration on the Rights of Indigenous Peoples, in particular the right of indigenous peoples to free, prior and informed consent.
The Permanent Forum reiterates the recommendation it made to the United States at its twenty-second session to grant clemency to Leonard Peltier.
The Permanent Forum recommends that staff in country offices as well as those who work on specific countries from their own headquarters ensure the full participation of indigenous peoples in conducting evaluations under the United Nations Development Assistance Framework, as recommended in the 2004 framework.
The Permanent Forum recommends that Governments, bilateral and multilateral donor and development agencies and other development partners responsible for or assisting in the implementation of sectoral strategies or other programmes affecting lands owned, occupied or otherwise used by indigenous peoples review the consistency of such strategies and programmes with internationally recognized standards for the protection of the rights of indigenous peoples and the impact of such strategies and programmes on indigenous communities and report to the Permanent Forum at its seventh session in 2008 on the results of these reviews and on any strategies adopted to address the challenges they might identify.
The Permanent Forum encourages the Expert Mechanism on the Rights of Indigenous Peoples and the Human Rights Council to continue the process of addressing rights related to treaties and agreements between indigenous peoples and the United States and Canada, including through the consideration and implementation of the recommendations resulting from the first two United Nations treaty seminars, held in 2003 and 2006, and by taking steps to hold a third seminar, as mandated by the Economic and Social Council, and urges the Expert Mechanism to advance the work on treaties.
The Permanent Forum recommends that relevant States with indigenous peoples invite the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples to undertake country visits. The Special Rapporteur should give priority to invitations from those countries where indigenous peoples have expressed concerns about their capacity to fully enjoy and freely exercise their human rights.
The Permanent Forum recommends that States, in consultation with the indigenous peoples concerned, provide financial and technical assistance for indigenous peoples to map the boundaries of their communal lands, finalize legal and policy frameworks for the registration of collective titles, as a matter of urgency, and support indigenous peoples in preparing their claims for collective title.
The Permanent Forum recommends that Member States take measures to advance indigenous women’s right to intercultural health through its inclusion in legal frameworks and public policies, as well as programmes to guarantee culturally, geographically and financially appropriate health and social services.