The Forum reiterates its recommendations made at its second session, in particular those contained in chapter I, section B, paragraphs 83 to 94 of the report.2
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 special rapporteurs, as well as other mechanisms relevant to the Commission on Human Rights, are encouraged to study the effects of armed conflict on the fundamental rights of indigenous peoples, especially on women and children.
Recalling the recommendation contained in the report of its fifteenth session (E/2016/43-E/C.19/2016/11, para. 52), the Permanent Forum urges States to take measures for settlement, protection and security in post-conflict areas and for the construction of durable and lasting peace, promoting the full and effective inclusion of indigenous peoples, including indigenous women, in any initiative for peace and reconciliation. The Forum also recommends that the Department of Political and Peacebuilding Affairs and indigenous peoples, including women and young people, consider indigenous peoples’ traditional conflict resolution systems for achieving durable and lasting peace.
The Forum expresses its great concern about the effects of armed conflict on indigenous women and children, and recommends that a workshop be convened with the framework of the 10-year review of the Beijing Declaration and Platform for Action in order to formulate strategies to protect vulnerable groups, such as indigenous peoples, especially taking into account the vulnerabilities of indigenous women and children. These strategies should incorporate capacity-building of indigenous women living in areas of armed conflict or in precarious circumstances.
The Permanent Forum recognizes that it is important that the Human Rights Council continues to effectively address indigenous peoples’ issues as human rights issues. The Permanent Forum decides to appoint Ms. Ida Nicolaisen and Mr. Wilton Littlechild to undertake a study on the structures, procedures and mechanisms that presently exist and that might be established to effectively address the human rights situation of indigenous peoples, to arrange for indigenous representation and inclusion in such structures, procedures and mechanisms and to submit a report on the subject to the Permanent Forum by 31 December 2007.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
Since the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, few States have entered into effective dialogue or partnerships with indigenous peoples or have undertaken adequate legal reforms to implement the Declaration. Based on interventions and reports of representatives of indigenous peoples from all regions of the world at its eleventh session, the Permanent Forum is alarmed about the ongoing gross human rights violations being perpetrated against indigenous peoples and therefore calls upon all States to take urgent action to end such violations and to recognize and respect the human rights standards contained in the Declaration.
The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.
The Forum recommends that the United Nations and Member States recognize the cultural rights of indigenous peoples which include the rights to organize oneself freely and to administer one’s own cultural, sports, social and religious institutions. For this purpose, the Forum encourages the United Nations and the relevant specialized agencies to consider establishing an international centre for multicultural and multiracial studies.
The Permanent Forum highlights that unprincipled positions and actions of States undermine indigenous peoples’ human rights and the United Nations Declaration and that such conduct prejudices indigenous peoples globally and serves to weaken the international human rights system. States must therefore take steps, in conjunction with indigenous peoples, to ensure that their commitments and obligations are not violated in other international forums, especially following the World Conference on Indigenous Peoples. In accordance with both the outcome document of the World Conference and the United Nations Declaration, States, in conjunction with indigenous peoples, should develop legislation and mechanisms at the national level to ensure that laws are consistent with the United Nations Declaration
In accordance with international law, the Permanent Forum recommends that all States members of the Organization of American States recognize and respect that the United Nations Declaration constitutes the minimum standards for the survival, dignity and well-being of indigenous peoples of the world, and requests them to ensure that the draft American declaration on the rights of indigenous peoples is consistent with or exceeds the standards affirmed in the United Nations Declaration.