The Permanent Forum recommends that those responsible for practices of forced labour or other forms of servitude should be prosecuted under Paraguayan law.
The recognition of indigenous peoples’ representative institutions is particularly pertinent in conflict-affected and post-conflict regions. Indigenous peoples’ role in peacebuilding is essential for reconciliation and for strengthening resilience to extremism and radicalization, particularly among indigenous youth. Indigenous peoples’ institutions should be viewed by States as allies in the efforts of the Security Council to establish peace and security.
The Permanent Forum expresses its grave concern about the lack of observance and implementation of indigenous peoples’ rights, as enshrined in the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the American Declaration on the Rights of Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous Peoples. This underscores the need for more awareness-raising and capacity-building regarding indigenous peoples’ rights, not only for indigenous peoples themselves, but also for government and justice officials, as well as for private sector actors and civil society at large. In this regard, the Forum welcomes the e-learning course on indigenous peoples’ rights developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR), with the support of the Expert Mechanism and United Nations Voluntary Fund for Indigenous Peoples. The course, which is available on the OHCHR website, is a small but important contribution towards building capacities for the promotion and protection of indigenous peoples’ rights.
The Permanent Forum calls upon the secretariat of the Convention on Biological Diversity to work in partnership with other members of the Inter-Agency Support Group and donors to organize regional workshops for the purposes of information exchange and capacity-building among Governments, indigenous peoples and local communities and other stakeholders with regard to the proposed international regime on access and benefit-sharing. In addition, the secretariat is called upon to provide financial support for indigenous networks to disseminate information, in appropriate and accessible languages, and through appropriate media, to indigenous communities on this issue.
The Forum recommends that Member States, United Nations bodies and mechanisms, the Office of the United Nations High Commissioner for Human Rights and other parts of the United Nations system strengthen the machinery to address the urgent, gross and ongoing human rights violations, militarization of indigenous lands and systemic violence committed by Member States against indigenous peoples.
The Permanent Forum continues to be deeply disturbed by the threats that the extractive industries, infrastructure megaprojects, such as roads and dams, legal and illegal logging, and the expansion of large-scale agriculture pose to the indigenous peoples living in voluntary isolation and initial contact. While recognizing the guidelines for the protection of indigenous peoples in voluntary isolation and initial contact in the Americas prepared by the Inter-American Commission on Human Rights and the corresponding guidelines elaborated by OHCHR, the Permanent Forum recommends that OHCHR, in cooperation with the Inter-American Commission on Human Rights and with the participation of indigenous peoples’ organizations, evaluate the progress made, identify implementation gaps and make recommendations to advance the protection of indigenous peoples living in voluntary isolation and initial contact and to guarantee their rights.
The Permanent Forum urges the Governments of Canada and the United States to eliminate all assimilation policies that further exacerbate the economic and other disparities between indigenous peoples and the rest of the population.
The Permanent Forum recommends that the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertake a study on the implications of national security and anti-terrorist laws, policies and programmes for indigenous peoples and make recommendations on the human rights of indigenous peoples.
The Permanent Forum also recommends to Member States that the development agenda beyond 2015 recognize, protect and strengthen indigenous peoples’ collective rights, in particular the right to land, territories and natural resources.
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 Permanent Forum welcomes the fact that United Nations entities and bodies, including mandate holders and, notably, OHCHR and the United Nations Environment Programme, take their share of the responsibility to ensure a safe space for Indigenous Peoples participating in United Nations meetings. The Permanent Forum requests that United Nations bodies and entities create an urgent response mechanism to acts of intimidation and reprisals against Indigenous human rights defenders cooperating with the United Nations, in line with existing United Nations guidance on protection and promotion of civic space and the Secretary-General’s Call to Action for Human Rights. The Permanent Forum will consider how to strengthen its own response mechanisms and its cooperation with the Assistant SecretaryGeneral for Human Rights, in line with General Assembly resolution 77/203, on this pressing matter, including through the appointment of focal points.
The Forum notes that there is a need for capacity-building in national and local government as well indigenous communities in the areas within the Forum’s mandate, and recommends that various parts of the United Nations system, including the International Labour Organization and the secretariat of the Forum, cooperate to provide technical assistance in that regard at the request of Governments and indigenous communities.