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 Permanent Forum recommends that national human rights institutions and commissions address indigenous peoples’ issues and include indigenous experts as members of such bodies.
(i) The Forum recalls and reiterates: a. Paragraph 18 of the Durban Declaration which requested States to adopt public policies and give impetus to programmes on behalf of and in concert with indigenous women and girls, with a view to promoting their civil, political, economic, social and cultural rights; to putting an end to their situation of disadvantage for reasons of gender and ethnicity; to dealing with urgent problems affecting them in regard to education, their physical and mental health, economic life and in the matter of violence against them, including domestic violence; and to eliminating the situation of aggravated discrimination suffered by indigenous women and girls on multiple grounds of racism and gender discrimination
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.
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.
The Forum calls upon the United Nations Development Program to develop an indigenous peoples-specific development index by country to take into account the social conditions and human rights situation of indigenous peoples
Building on the recommendation contained in paragraph 16 of its report on its sixteenth session (E/2017/43-E/C.19/2017/11), the Permanent Forum strongly encourages United Nations resident coordinators and country teams to ensure the full and effective participation of indigenous peoples, including indigenous women and young people, in the preparation of the United Nations Development Assistance Framework and country programme action plans.
In relation to the preparation for the high-level plenary meeting/World Conference, the Permanent Forum welcomes the study entitled “Rights of indigenous peoples: achievements and challenges in the Latin American countries”, prepared by the Economic Commission for Latin America and the Caribbean in collaboration with indigenous peoples, and encourages States, agencies and regional commissions to undertake similar studies.
The Permanent Forum recommends that the Governments of Canada and the United States address the border issues, such as those related to the Mohawk Nation and the Haudenosaunee Confederacy, by taking effective measures to implement article 36 of the United Nations Declaration on the Rights of Indigenous Peoples, which states that indigenous peoples divided by international borders have the right to maintain and develop contacts, relations and cooperation with their own members as well as other peoples across borders.
The Forum recommends that the United Nations Statistics Division mainstream statistical issues pertaining to indigenous peoples in the development of handbooks and guidelines. The Forum also recommends that the Statistics Division continue to coordinate with the regional commissions and consider that part of their work that is relevant to indigenous people and census operations in the revision of the Principles and Recommendations for Population and Housing Censuses
The Permanent Forum regrets the continuous killings, violence and harassment targeted at indigenous human rights defenders, including indigenous women, in the context of resisting mining and infrastructure projects and other such developments. The Permanent Forum therefore invites Member States to honour their human rights obligations. In this regard, the Permanent Forum welcomes General Assembly resolution 76/148 on the rights of indigenous peoples, in which States are urged to take necessary measures to ensure the rights, protection and safety of indigenous peoples, including indigenous leaders and indigenous human rights defenders, and to ensure that perpetrators are held accountable and that access to justice and remedy is guaranteed.
The Permanent Forum encourages ILO to promote the ratification of the Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169) (Indigenous and Tribal Peoples Convention).