The Permanent Forum decides to extend the mandate of the Special Rapporteurs on indigenous peoples and corporations, Carlos Mamani Condori, Elisa Canqui Mollo and Pavel Sulyandziga, for one year, and requests them to submit a written report to the Forum at its ninth session, in 2010.
The Permanent Forum requests that the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples identify the actions of transnational corporations that may breach the inherent rights detailed in the United Nations Declaration on the Rights of Indigenous Peoples, and further invites them to present a report to the Forum at its eighth session, in 2009.
The Permanent Forum notes that the Constitutional Court of Guatemala issued ruling No. 2112-2016 of 24 October 2017 on indigenous peoples’ intellectual collective property. The Permanent Forum urges Guatemala to comply with the ruling and to adopt laws and policies, respecting the free, prior and informed consent of indigenous peoples.
The Permanent Forum recommends that national and transnational corporations adhere to the United Nations Guiding Principles on Business and Human Rights in order to ensure protection of the rights of indigenous human rights defenders.
The Permanent Forum recommends that OHCHR continue to contribute to strengthening the working relations between the treaty bodies and the three United Nations mechanisms which have specific mandates to address indigenous peoples’ issues in order to enhance compliance with the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, OHCHR could facilitate the participation of the Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Chairperson of the Permanent Forum at the next annual meeting of the chairpersons of the treaty bodies.
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.
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 Permanent Forum takes note of the determination of IFAD — for which it congratulates the Fund — to identify indigenous peoples as a specific target group within the agency’s strategic framework, which, in a significant way, has consolidated and legitimized indigenous peoples’ issues in its work with its partners, other organizations and States. The Permanent Forum finds that identifying indigenous peoples as a specific target group is a standard-setting approach, to be duplicated by the United Nations and other international agencies. It is recommended that IFAD maintain its strong focus on indigenous peoples’ issues in the formulation of the new institutional strategic framework, which is due to commence soon.
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 Permanent Forum reiterates the recommendation, contained in paragraph 17 of the report on its second session (E/2003/43-E/C.19/2003/22), related to the sale of children, child prostitution and child pornography. The Permanent Forum invites OHCHR, in particular the Special Rapporteur on the sale of children, child prostitution and child pornography, to report on the situation of indigenous children to the Forum at its eleventh session.
Recalling the recommendation contained in the report of its fifteenth session (E/2016/43-E/C.19/2016/11, para. 52), the Permanent Forum urges States to take measures for settlement, protection and security in post-conflict areas and for the construction of durable and lasting peace, promoting the full and effective inclusion of indigenous peoples, including indigenous women, in any initiative for peace and reconciliation. The Forum also recommends that the Department of Political and Peacebuilding Affairs and indigenous peoples, including women and young people, consider indigenous peoples’ traditional conflict resolution systems for achieving durable and lasting peace.
Consistent with articles 18 and 19 of the United Nations Declaration and in line with the implementation of the 2030 Agenda for Sustainable Development, with the call to “leave no one behind”, the Permanent Forum strongly recommend that States and funds, programmes and specialized agencies of the United Nations system ensure the disaggregation of data on the basis of indigenous identifiers/ethnicity and the full and effective participation of indigenous peoples in developing and monitoring national action plans and in all processes relating to the follow-up to and review of the implementation of the Sustainable Development Goals, including at the high-level political forum on sustainable development.