The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Permanent Forum calls upon the World Bank to include the rights of indigenous peoples in its knowledge and learning activities for staff and management. Instruments for learning, such as the Nordic Trust Fund, should include training on how operational policies in place regarding the rights of indigenous peoples should be fully implemented.
The Permanent Forum recommends that States, the United Nations system and other intergovernmental organizations provide political, institutional and, in accordance with article 42 of the United Nations Declaration on the Rights of Indigenous Peoples, financial support to the efforts of indigenous peoples so that they may consolidate their own development models and concepts and practices of living well (for example sumak kawsay, suma qamaña, laman laka, gawis ay biag), which are underpinned by their indigenous cosmologies, philosophies, values, cultures and identities, as well as link efforts to implement the Declaration.
According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
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 Permanent Forum has paid particular attention to the participation and representation of indigenous peoples in development processes, such as those related to the Millennium Development Goals, data collection and disaggregation, and urban indigenous peoples and migration. The Forum has recommended on numerous occasions that United Nations agencies, international financial institutions and other development actors change their paradigms and approaches to their work with indigenous peoples. This includes increased mainstreaming of indigenous peoples’ issues in their work, respect for the principle of free, prior and informed consent, recognition of collective rights, including treaty rights, and increased participation of indigenous peoples, including women, in programme design, implementation and monitoring.
Recognizing the emerging role of civil society and indigenous peoples in the search for creative solutions as a means of contributing to formulating, developing and implementing policies and programmes of the United Nations system, the Forum welcomes the initiative of the Secretary-General to create a high-level panel to prepare a series of recommendations on the participation of civil society in the work of the United Nations system. The Forum recommends that the Secretary-General ask the high-level panel to hold consultations and to take into account the recommendations of the Forum on the improvement of indigenous peoples’ participation in and contributions to the work of the United Nations system.
The Permanent Forum invites the World Trade Organization to prepare an analysis of the ways in which indigenous peoples are affected by and included in international trade agreements and treaties, and to present it to the Permanent Forum at its twenty-third session, to be held in 2024.
The Permanent Forum welcomes the document of the Commission of the European Communities (COM (2008)), Communication from the Commission to the European Parliament and the Council: The European Union and the Arctic Region delivered in Brussels on 20 November 2008 and urges the European Union to begin implementing the recommendations relevant to indigenous peoples from this document.
The Permanent Forum recommends that the international community take serious measures to mitigate climate change. The survival of the traditional ways of life of indigenous peoples depends in large part on the success of international negotiations in developing strong, enforceable agreements that will truly be effective in combating climate change. The Permanent Forum concurs with a major conclusion of the Stern report that strong and immediate measures to curb greenhouse gas emissions now will be less costly than attempting to adapt to the widespread changes that unchecked climate change will cause in the future.
The Permanent Forum expresses concern over the misappropriation and misuse of indigenous peoples’ cultural heritage, traditional knowledge and traditional cultural expressions, and urges States and companies, in cooperation with indigenous peoples, to take effective measures to recognize and protect their rights, in accordance with article 31 of the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, the Permanent Forum calls upon Member States to take measures to safeguard indigenous peoples’ rights to intellectual property by adopting laws and public policies, in which it is recognized that indigenous peoples have the right over their creations, knowledge, discoveries, works, traditional cultural expressions and other elements.
The Permanent Forum welcomes the document of the Commission of the European Communities (COM (2008)), Communication from the Commission to the European Parliament and the Council: The European Union and the Arctic Region delivered in Brussels on 20 November 2008 and urges the European Union to begin implementing the recommendations relevant to indigenous peoples from this document.