The Permanent Forum thanks the Government of Colombia for its support during the Forum mission to Colombia and requests that the Government, the United Nations country team and the United Nations agencies involved in the mission implement the recommendations contained in the mission report (E/C.19/2011/3) through consultation and full collaboration with the indigenous peoples concerned. The Permanent Forum intends to assess the implementation of the recommendations at its eleventh session.
The year 2022 is the International Year of Artisanal Fisheries and Aquaculture. The Permanent Forum therefore recommends that FAO prepare a study on the impacts of industrial fishing on the rights of indigenous peoples in regard to traditional fishing. The Permanent Forum invites the Organization to share the findings of said study at the twenty-third session of the Permanent Forum, to be held in 2024.
The Permanent Forum calls on the World Bank to activate the 2005 Extractive Industries Review in order to address the impact and legacy of extractive industries on indigenous lands, territories and resources.
The Forum urges the meeting of chairpersons of the human rights treaty bodies and the meeting of the special rapporteurs and other mechanisms of the Commission on Human Rights organized by the Office of the High Commissioner to place indigenous peoples, including indigenous women, on their agenda and invite the Forum to participate.
The Permanent Forum welcomes the legal reforms and policies carried out in some States to recognize the right of indigenous peoples to food and food sovereignty. It would also like to encourage the remaining States to take the steps towards its recognition. The Permanent Forum encourages States to take positive actions to facilitate the capacity of indigenous peoples to strengthen traditional food systems, such as formally recognizing and demarcating indigenous territories to enable them to carry out productive food activities, in accordance with article
8 (2) (b) of the Declaration, which prohibits States from any action that has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources.
The Forum notes with concern the unsatisfactory implementation of the World Bank’s policy on indigenous peoples, as documented by many of the Bank’s internal reviews, most notably the 2011 internal review report and the 2010 report by the Independent Evaluation Group, Safeguards and Sustainability Policies in a Changing World. Strict adherence to safeguards of indigenous peoples’ rights is necessary. The Forum recommends that efforts be directed towards compliance machinery within the Bank, both up front, when dealing with projects and design and approval processes, and in post-project enforcement mechanisms.
The Permanent Forum urges all States to commit to a process, with the participation of indigenous peoples, responding to the country reports of all United Nations special rapporteurs, including:
(a) Providing a written response to the rapporteur’s report, submitted to the Human Rights Council, within six months of the report’s issuance. The response should outline the State process for implementing the recommendations of the report;
(b) Developing and publicly promoting a strategy to implement the recommendations of the report within 12 months of its issuance;
(c) Providing annual updates of the rapporteur’s report detailing the implementation of the strategy until such time as the rapporteur conducts a new visit to the State in question, or until that State undergoes a universal periodic review.
In relation to the preparation for the high-level plenary meeting/World Conference, the Permanent Forum welcomes the study entitled “Rights of indigenous peoples: achievements and challenges in the Latin American countries”, prepared by the Economic Commission for Latin America and the Caribbean in collaboration with indigenous peoples, and encourages States, agencies and regional commissions to undertake similar studies.
The Permanent Forum recommends that Member States continue to develop legislation to support genuine indigenous representation and participation in decision-making. Legislative measures that create practical, economic, legal and political difficulties for the establishment and functioning of indigenous organizations and institutions worldwide should be addressed in order to allow for cross-border and international cooperation between indigenous peoples of different countries and with and within international organizations on issues and processes affecting them.
The Permanent Forum encourages national and international financial institutions to target indigenous peoples as beneficiaries of their micro-financing mechanisms and other relevant mechanisms, with the free, prior and informed consent of indigenous peoples.
The Permanent Forum has decided to appoint Saul Vicente Vásquez, a member of the Forum, to conduct a study on extractive industries in Mexico and the situation of indigenous peoples in the territories in which these industries are located.
The Permanent Forum welcomes the recent entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Forum encourages Member States to accede to the Optional Protocol and requests the Committee on Economic, Social and Cultural Rights to consider the preparation of a general comment on the economic, social and cultural rights of indigenous peoples.