The Permanent Forum is convinced that a declaration on the rights of indigenous peoples will be an instrument of great value through which to advance the rights and aspirations of the world’s indigenous peoples. The Permanent Forum therefore recommends the adoption without amendments of the draft declaration on the rights of indigenous peoples as contained in the proposals of the Chairperson of the working group of the Commission on Human Rights on the draft United Nations declaration on the rights of indigenous peoples (see E/CN.4/2006/79, annex I) by the General Assembly during its sixty-first session in 2006. This would represent a major achievement for the Second International Decade of the World’s Indigenous People.
The Permanent Forum calls upon the member States of the Association of Southeast Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC) to recognize the collective rights of indigenous peoples, and calls on ASEAN to ensure that the rights of indigenous peoples are integrated into the development process of the ASEAN charter.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum welcomes the recommendation to establish a voluntary international mechanism to receive and consider communications from indigenous peoples specifically concerning their claims to, or violations of, their rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. This recommendation deserves further elaboration by indigenous peoples and others concerned. The Forum takes note of the mandate of the Special Rapporteur on the rights of indigenous peoples in this regard.
The Permanent Forum recommends that the Government of Paraguay should remain firm in its commitment to cooperating with indigenous peoples’ organizations in order to find emergency solutions to the extremely serious situation of the indigenous communities that have been wholly dispossessed of their land, and to implement policies to ensure the reconstitution of their territory.
The Permanent Forum welcomes a third United Nations seminar on indigenous peoples’ understanding and interpretation of treaties, agreements and other constructive arrangements.
The Permanent Forum calls the attention of States to the need to create or strengthen national bodies with a mandate for the protection of the rights and interests of indigenous peoples in line with the Declaration. The Forum notes the efforts of certain States to create institutions for the rights and interests of indigenous peoples as Government bodies, including ombudsmen who deal with issues and situations regarding the protection of the rights and interests of indigenous peoples. It recommends that other States draw upon such experiences which highlight the promotion and protection of the rights of indigenous peoples.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
Promote and support the utilization of local indigenous languages and, where no written languages exist, employ local indigenous people (as translators/interpreters as well as advisers) to assist in the collection process
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 requests all States to include developments relating to the rights of indigenous peoples in their regular reports to the Human Rights Council under the universal periodic review mechanism.
The Permanent Forum notes that indigenous youth in the region are often forced to leave their home and lands to receive an education, which can pose an obstacle to the right to education. The Permanent Forum urges States in Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia to take measures to ensure the enjoyment of the right to education by indigenous youth. The Permanent Forum encourages States of the region to facilitate the development of indigenous peoples’ self-administration, the development of their inner potential and human resources, forming parliaments following the example of the Sami people; and decent representation of the small-numbered indigenous peoples in the bodies of legislative and executive power on all levels.