The Permanent Forum is equally alarmed at the many testimonies from Indigenous Peoples on the establishment of protected areas and conservation measures without the free, prior and informed consent of Indigenous Peoples and the persistent violations of their human rights in the context of conservation. The Permanent Forum underlines that it is the responsibility of Member States and other actors to obtain free, prior and informed consent directly from Indigenous Peoples when developing policies and legislation pertaining to conservation measures and protected areas.
The Permanent Forum is concerned about legislative and regulatory processes that criminalize the establishment and management of community radio stations. The Forum encourages States to expressly recognize community media in their domestic law and to adopt effective actions to enforce the right of indigenous peoples and communities to have their own media.
The Permanent Forum recommends that States, in order to combat the adverse effects of migration, cooperate with indigenous peoples to provide employment and economic development opportunities within their territories.
The Permanent Forum recommends that Member States actively engage with their indigenous peoples in both developed countries and developing countries, including indigenous women, indigenous youth and indigenous persons with disabilities, in developing key indicators on indigenous peoples, including for data disaggregation, to be included in the overall indicators for the post-2015 development agenda to be adopted in March 2016.
The Permanent Forum urges States to financially resource, empower and support local Arctic indigenous communities in order to give indigenous youth and women, together with other members of the communities, the opportunity to secure and develop their cultures.
The Permanent Forum recommends that States formally recognize shifting cultivation as a traditional occupation for indigenous peoples that is closely related to their social and cultural identity and integrity and take effective measures to stop all discriminatory acts targeted at indigenous peoples’ practice of shifting cultivation in line with the provisions of ILO Conventions Nos. 169 and 111, ILO Recommendation No. 104 and the United Nations Declaration on the Rights of Indigenous Peoples, including through the delineation and the titling of the territories and lands concerned.
The Forum recommends that all relevant United Nations entities and Governments:
(a) Advise Governments to revise their national legal and administrative frameworks to ensure indigenous women’s equal rights and access to social and economic services and resources, including land ownership;
(b) Identify and give recognition to the capacities of indigenous women and their specialized knowledge in the areas of health, natural environment, traditional technologies, crafts and arts, and design appropriate employment and income-generating strategies;
(c) Provide indigenous women with the appropriate education and training resources so that they can effectively access and participate in mainstream national, regional and international economic institutions.
The Forum, taking into account the meetings between the World Bank and indigenous peoples held during its second session on the guidelines and operative policies and procedural norms of the Bank, recommends that the Bank:
(a) Continue to address issues currently outstanding, including Bank implementation of international
customary laws and standards, in particular human rights instruments, full recognition of customary land and resource rights of indigenous peoples, recognition of the right of free, prior informed consent of indigenous peoples regarding development projects that affect them, and prohibition of the involuntary resettlement of indigenous peoples;
(b) Compile examples of best practices in development projects with indigenous peoples and include those best practices in future policies;
(c) Discuss the issues of forced relocation and land rights;
(d) Facilitate and support the exchange of knowledge and information between indigenous organizations;
(e) Facilitate and support the exchange of information on the implementation of policies on indigenous peoples by international financial institutions, such as the World Bank, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank and the International Monetary Fund.
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 ongoing COVID-19 pandemic has highlighted the urgent need for the collection of disaggregated statistical data on the situation of indigenous peoples. Where such data are available, they have shown that the pandemic has affected indigenous peoples differently than other populations, requiring culturally appropriate approaches and solutions. The Permanent Forum reiterates its recommendation to Member States to collect and disseminate disaggregated statistical data on indigenous peoples, in close cooperation with indigenous peoples themselves, in order to support evidence-based policymaking and programming.
The Forum recommends that States where indigenous peoples live formulate and implement public policies with gender and ethnic considerations, taking into account the multicultural and multi-ethnic composition of their populations.
The Permanent Forum invites UNESCO to call jointly for a world conference on linguistic diversity, indigenous languages, identity and education. The United Nations Member States are encouraged to provide political and financial support for such a conference.