The Permanent Forum continues to be concerned that the World Bank’s new environmental and social safeguard 7 allows the conversion of the collective territories of indigenous peoples into individual ownership rights, even though it recognizes the importance of protecting the collective attachment of indigenous peoples to their lands. Providing funding for States to divide the lands of indigenous peoples generates conflict, irreparably harms livelihoods and traditional resource management strategies and erodes the governance structures of indigenous peoples. Paragraph 29 of environmental and social safeguard 7 should urgently be revised to ensure that indigenous peoples maintain their collective rights to lands, territories and resources in all projects funded by the Bank.
The Permanent Forum takes note with concern of the situation of indigenous peoples of the Sahel and other parts of Africa, where a number of factors, including climate change, are having a devastating impact on economic development and human security. The lack of recognition of the collective rights of these peoples has created fertile ground for their loss of territories and resources and the emergence of complex forms of conflict, including violent extremism. The Forum calls on the Working Group on Indigenous Populations/Communities in Africa of the African Commission on Human and Peoples’ Rights to prepare recommendations for the consideration of the African Union to address this situation, in partnership with the Economic Commission for Africa and other regional bodies.
The Permanent Forum urges all agencies, funds and programmes of the United Nations system to incorporate the recognition of the collective rights of indigenous peoples to lands, territories and resources into their policies and programmes at the country level and to report to the Forum on progress made at its eighteenth session.
The Permanent Forum emphasizes that achieving the Sustainable Development Goals is not possible without fulfilling the rights of indigenous peoples to lands, territories and resources. The Forum thus calls upon States to include the recognition of customary rights or tenure of indigenous peoples to their lands and resources under target 3 of Sustainable Development Goal 2, which calls for secure and equal access to land.
The Permanent Forum urges Governments in the Arctic, Eastern Europe, the Russian Federation, Central Asia and Transcaucasia to fully implement the relevant international obligations related to environmental and social safeguards to assure the conservation of nature and access to natural resources for indigenous peoples within their territories in accordance with Sustainable Development Goals 12, 14 and 15.
The Permanent Forum recommends that FAO create a technical working group on the collective rights of indigenous peoples to lands, territories and resources, which will provide technical outputs and publications informing indigenous peoples and the Forum.
The Forum reiterates its request to the Inter-Agency Expert Group on Sustainable Development Goal Indicators to make the land-related indicator operational, including on changing land use and the security of land tenure in the traditional territories of indigenous peoples.
The Permanent Forum commends States for recognizing the collective rights of indigenous peoples to lands, territories and resources and at the same time urges them to take immediate steps for the implementation of those rights through programmes for mapping, titling or other actions and legislative reforms. The Forum urges States to report to it by its twentieth session on steps taken in that regard.
The Permanent Forum calls on States to enter into discussions with indigenous peoples whose traditional lands are now incorporated in protected areas, with a view to reaching binding agreements that will not only acknowledge the legitimate interests of wildlife conservation but also recognize and guarantee the rights of those communities under articles 8 (2), 18, 19, 26 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.
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 reiterates its call to Member States to establish mechanisms and processes for comprehensive dialogue and consultations with indigenous peoples in order to obtain their free, prior and informed consent in relation to any project that will have an impact on their territories and resources. In this regard, the Forum expresses concern regarding the lack of consultation by the Government of the Plurinational State of Bolivia with the indigenous peoples who will be affected by the mega-hydroelectric project of El Bala-Chepete and Rositas, including the Guarani, Mosetén, Tacana, Tsimané, Leco, Ese Ejja and Uchupiamona peoples. The Forum urges the Government of the Plurinational State of Bolivia to respect the fundamental rights of indigenous peoples and ensure that they are able to exercise their rights in accordance with international human rights standards.
A majority of States have yet to grant official recognition to indigenous peoples, let alone their collective rights to lands, territories and resources. The Permanent Forum expresses its grave concern about the non-recognition of indigenous peoples, in particular in Africa and Asia, and recommends that States incorporate the United Nations Declaration on the Rights of Indigenous Peoples into national legislation, policies and programmes.