The Permanent Forum is concerned by issues related to land tenure, the collective rights of indigenous peoples, customary rights, land-grabbing and the closure of transhumance corridors. The Permanent Forum therefore recommends that States of the Sahel and the Congo basin establish a legal framework to consolidate their national and local land tenure regimes with a view to resolving conflicts peacefully. In addition, those States should enhance access to justice for the aff ected indigenous pastoralists and provide training for judicial officials on those issues.
The Permanent Forum requests that the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples identify the actions of transnational corporations that may breach the inherent rights detailed in the United Nations Declaration on the Rights of Indigenous Peoples, and further invites them to present a report to the Forum at its eighth session, in 2009.
Recalling the inter-agency support group report on data disaggregation, the Permanent Forum calls for the implementation of the following recommendations:(a)The United Nations system should use and further refine existing indicators, such as the common country assessment indicators, Millennium Development Goal indicators, country progress reports, global monitoring instruments and human development indexes to measure the situation of indigenous and tribal peoples;(b)The national human development reports, produced through nationally owned, editorially independent processes, should systematically include case studies and should include disaggregated data on indigenous and tribal peoples.
The Permanent Forum recommends that States, the United Nations system and other intergovernmental organizations provide political, institutional and, in accordance with article 42 of the United Nations Declaration on the Rights of Indigenous Peoples, financial support to the efforts of indigenous peoples so that they may consolidate their own development models and concepts and practices of living well (for example sumak kawsay, suma qamaña, laman laka, gawis ay biag), which are underpinned by their indigenous cosmologies, philosophies, values, cultures and identities, as well as link efforts to implement the Declaration.
The Permanent Forum takes note of the determination of IFAD — for which it congratulates the Fund — to identify indigenous peoples as a specific target group within the agency’s strategic framework, which, in a significant way, has consolidated and legitimized indigenous peoples’ issues in its work with its partners, other organizations and States. The Permanent Forum finds that identifying indigenous peoples as a specific target group is a standard-setting approach, to be duplicated by the United Nations and other international agencies. It is recommended that IFAD maintain its strong focus on indigenous peoples’ issues in the formulation of the new institutional strategic framework, which is due to commence soon.
The Permanent Forum recommends that Member States and the United Nations system involved in the processes leading to the development agenda beyond 2015 make concerted and targeted efforts to reach out to, and engage in a truly inclusive process with, indigenous peoples, including indigenous women, youth and persons with disabilities, to ensure that their rights and priorities are included in all processes relating to the definition of the themes and priorities for the post-2015 development agenda and of the sustainable development goals.
The Forum urges indigenous organizations to make more effective use of existing international human rights monitoring instruments, such as the Committee on the Elimination of Discrimination against Women, and to bring communications to their attention regarding claims of violence of different forms against indigenous women, to ensure States take steps to end the persistent and unaddressed violence, including murders and disappearances of indigenous women.
The continuing denial of indigenous peoples’ rights to lands, territories and resources, based upon various racist doctrines, theories and policies, including on lands occupied or otherwise used, historically and currently, by them, has led, among others, to their eviction from their lands and the erosion of their hunting and other traditional occupations and lifestyles, thereby threatening their very survival and well-being as peoples. It is necessary to ensure that bans, such as on hunting and other traditional livelihoods, do not infringe upon the rights of indigenous peoples.
The Permanent Forum welcomes the lively and analytical dialogue that emerged from the half-day discussion on the African region and encourages the United Nations Development Group to facilitate further dialogue between States and indigenous peoples at the African continental level to foster better understanding of the United Nations Declaration on the Rights of Indigenous Peoples and the commitments to indigenous peoples that Member States have made. Within this framework, capacity-building at the national level should be enhanced.
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), the Forum encourages the Government of Bangladesh:
(a) To set a time frame for the full implementation of the Accord, including devolution of authority to the Chittagong Hill Tracts Regional Council and three Hill District Councils;
(b) To adopt the rules of business for the Chittagong Hill Tracts Land Commission and allocate sufficient human and financial resources for the Commission.
The Permanent Forum appoints Les Malezer, a member of the Forum, to undertake a study on indigenous peoples and sustainable development, to be submitted to the Forum at its seventeenth session.
The Permanent Forum notes that the Constitutional Court of Guatemala issued ruling No. 2112-2016 of 24 October 2017 on indigenous peoples’ intellectual collective property. The Permanent Forum urges Guatemala to comply with the ruling and to adopt laws and policies, respecting the free, prior and informed consent of indigenous peoples.