The Permanent Forum urges States to address the stark inequality between indigenous and non-indigenous people in all aspects of life, which has been heightened as a result of COVID-19, by implementing in full the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the United Nations Declaration on the Rights of Indigenous Peoples and the American Declaration on the Rights of Indigenous Peoples in all their legal norms and public policies related to indigenous peoples.
The Permanent Forum appoints Ms. Victoria Tauli-Corpuz and Mr. Aqquluk Lynge as its special rapporteurs to prepare a report on “Impact of climate change mitigation measures on the territories and lands of indigenous peoples”, to be submitted to the next Conference of Parties of the United Nations Framework Convention on Climate Change, and to be considered at the seventh session of the Permanent Forum.
The Forum recommends that the United Nations system continue its advocacy work on indigenous connectivity in preparation for phase II of the World Summit on the Information Society, to be held in 2005, taking into account the Declaration of the Global Forum of Indigenous Peoples and the Information Society and the Programme of Action. The Forum supports and applauds the decision taken by the Summit to establish multi-stakeholder portals that allow communication between indigenous peoples at the national level.
The United Nations Declaration on the Rights of Indigenous Peoples should serve as a key and binding framework in the formulation of plans for development and should be considered fundamental in all processes related to climate change at the local, national, regional and global levels. The safeguard policies of the multilateral banks and the existing and future policies on indigenous peoples of United Nations bodies and other multilateral bodies should be implemented in all climate change-related projects and programmes.
The Permanent Forum applauds the historic decision of the United Nations Human Rights Council in recognizing the right to water as a human right, as well as its decision to initiate a study on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, to be submitted prior to the sixth session of the Council. The Permanent Forum also calls upon the United Nations High Commissioner for Human Rights to present to the seventh session of the Permanent Forum the results of her study on the impact on the rights of indigenous peoples in terms of contamination, diversion, appropriation and privatization of water, which is sacred to indigenous peoples and is central to all life.
The Forum notes with concern the unsatisfactory implementation of the World Bank’s policy on indigenous peoples, as documented by many of the Bank’s internal reviews, most notably the 2011 internal review report and the 2010 report by the Independent Evaluation Group, Safeguards and Sustainability Policies in a Changing World. Strict adherence to safeguards of indigenous peoples’ rights is necessary. The Forum recommends that efforts be directed towards compliance machinery within the Bank, both up front, when dealing with projects and design and approval processes, and in post-project enforcement mechanisms.
The Permanent Forum emphasizes that the recognition, protection and promotion of indigenous peoples’ rights to lands, territories and resources will make a significant contribution to achieving not only Goals 1 and 2, but also all the Sustainable Development Goals. In this regard, the Forum urges Governments to take all measures necessary to protect indigenous peoples’ rights to their territories and resources in the framework of the 2030 Agenda.
The Permanent Forum urges indigenous academics, scientists and traditional knowledge holders to organize their own processes to consolidate their knowledge and experiences in climate change science into a report that can feed into the Intergovernmental Panel on Climate Change, the Framework Convention on Climate Change and the Permanent Forum.
The Permanent Forum recognizes that as the global economy promises to “build back better” from the economic crisis caused by the COVID-19 pandemic, it is imperative that international financial institutions, including the World Bank, work in close consultation with indigenous peoples and invest in their communities. Indigenous peoples are partners in restarting the global economy while also maintaining their position given to them by birth as stewards of Mother Earth.
The Permanent Forum recommends that the United Nations Children’s Fund (UNICEF) and UNESCO reinforce quality education by building indigenous knowledge and culture into education programmes and curricula, including education for sustainable development and for natural disaster preparedness, and promoting the use of indigenous language as the medium of instruction. The important role of indigenous learning methodologies, including experiential learning with community members outside of the classroom, should also be included.
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 recommends that all United Nations agencies, funds and programmes, as well as the African Commission on Human and Peoples’ Rights, integrate relevant provisions of the Declaration into their policies, programmes, projects and strategies.