The Permanent Forum encourages United Nations entities, the World Bank, the Green Climate Fund, the African Commission on Human and Peoples’ Rights and other relevant international and regional bodies to align their policies with the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous Peoples should be employed within those entities as part of diversity and inclusion policies and to ensure Indigenous perspectives.
In this regard, the Permanent Forum recommends that Member States and the United Nations system take due account of the outcome document and the conclusions of the World Conference on Indigenous Peoples, to be held in September 2014, given that this process is deeply interrelated with the post-2015 process and will set the context for future work on indigenous peoples’ issues.
The Permanent Forum appoints Irma Pineda Santiago and Símon Freddy Condo Riveros, members of the Forum, to conduct a study on collective intellectual property and the appropriation of the ideas and creations of indigenous peoples, and to present that study to the Forum at its twenty-first session.
The Forum reiterates its recommendation that the Economic and Social Council approve the creation, under the auspices of the Forum, of a three-year working group on free, prior informed consent and participatory research guidelines, with the participation of stakeholders concerned, namely Governments, indigenous peoples’ organizations, corporations and States and the United Nations system, with combined funding provided partly by the regular budget and partly through the Voluntary Fund, the World Bank and corporations, that includes a focus on how free, prior informed consent and participatory research guidelines relate to economic, social and environmental projects and the protection of indigenous knowledge and natural resources.
The Permanent Forum acknowledges the signing of the peace accord in Colombia and the efforts to implement it. The Forum takes note of Colombia’s statement at the eighteenth session of the Forum on the need to protect the lives and integrity of indigenous human rights defenders. The Forum is, however, deeply concerned that killings of indigenous leaders have been increasing. The Forum urges the Government of Colombia to intensify its efforts to provide effective measures to prevent further attacks and to ensure peace and security for indigenous human right defenders and leaders.
The Forum recommends that Governments:
(a) Respect the fundamental rights of indigenous peoples, in particular women and children, and ensure that they are able to exercise these rights in accordance with international human rights standards;
(b) Include relevant information on the rights of indigenous peoples, in particular indigenous women, in the reports presented to the Committee on the Elimination of All Discrimination against Women and other relevant human rights bodies;
(c) Create mechanisms to ensure access to legal processes, especially for indigenous women, to enable them to take advantage of available juridical instruments including free legal aid, in cases of violations of their fundamental rights;
(d) Encourage the appointment of qualified indigenous women to decision-making positions in the areas of administration and public service.
The Permanent Forum recommends that the Human Rights Council include, where appropriate, the question of treaties, agreements and other constructive arrangements pertaining to indigenous peoples when undertaking its universal periodic review of States members.
Many indigenous peoples described situations where their human rights were being impacted by large-scale infrastructure projects, natural resource extraction and industrial agriculture activities in their territories without their free, prior and informed consent. The Permanent Forum received information to that effect from the Shuar, Sapara, Maasai and Ogaden peoples, among others. The Forum is concerned, in particular, by cases where it appears that the interests of investors are better protected than the rights of indigenous peoples. It reiterates that States and the private sector must respect the human rights of indigenous peoples by ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights.
The Permanent Forum notes the work of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean (FILAC) as a regional mechanism to provide support to indigenous peoples. The Forum encourages Member States to strengthen the institutional framework of FILAC and to create similar bodies in other regions of the world.
Given increased violence against indigenous peoples in the Amazon region, the Permanent Forum urges the Member States of the region to take urgent, extraordinary and coordinated measures to protect the individual and collective rights of indigenous peoples, with the aim of maintaining their ownership and use of their territories. The Forum also calls upon the United Nations system and specialized agencies, including OHCHR, the United Nations Environment Programme, the United Nations Development Programme (UNDP), the Food and Agriculture Organization of the United Nations (FAO) and ILO, to support Member States in the protection of indigenous peoples’ habitats and cultures in the Amazon region in cooperation with indigenous peoples.
The Forum requests the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples to undertake a study on the United Nations decolonization process and on the Special Committee on Decolonization to assess its historical and current impact on the human rights of indigenous peoples of the non-self-governing territories. Furthermore, the Forum requests the Secretary-General to undertake a mid-decade review of the Second International Decade for the Eradication of Colonialism to determine whether substantial progress has been made in achieving the goals of the Second Decade and to identify proposals for addressing obstacles to achieving the goals of the Second Decade.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights and relevant United Nations agencies and organs establish specific units for indigenous peoples’ issues to contribute to the implementation of the Declaration in accordance with its articles 41 and 42.