The Permanent Forum welcomes the report of the technical expert group meeting on indicators, mechanisms and data for assessing the implementation of indigenous peoples’ rights, held in Geneva in September 2010 by the International Labour Organization (ILO), the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the secretariat of the Permanent Forum. The report sets out important principles and guidance for further work. The Permanent Forum recommends that the Inter-Agency Support Group on Indigenous Peoples’ Issues and, in particular, ILO, OHCHR and the secretariat of the Permanent Forum continue their work to develop a common framework for monitoring the situation and well-being of indigenous peoples and the implementation of the Declaration, including the identification of indigenous-appropriate indicators, possible data sources and linkages to relevant mechanisms. The process should be taken forward in a collaborative manner with other interested institutions, ensuring full consultation and participation of indigenous peoples.
The Permanent Forum invites the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples to examine and report on the situation of the human rights of indigenous peoples in Non-Self-Governing Territories of the Pacific region, and urges relevant States to cooperate with the Special Rapporteur for that purpose.
Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum recommends that international financial institutions adopt and incorporate the right of indigenous peoples to free, prior and informed consent, without qualification, into their safeguard policies and project-related instruments. International financial institutions must ensure that their clients and borrowers engage in processes with indigenous peoples affected by bank-financed projects to secure their free, prior and informed consent.
The Permanent Forum encourages the African Governments and the intergovernmental agencies to intensify dialogue among themselves under the supervision of the African Union, more precisely within the African Commission on Human and Peoples' Rights, with special emphasis on poverty eradication based on the free, prior and informed consent of 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 Forum reiterates its recommendations on economic and social development made at its second session, in particular those contained in chapter I, section B, paragraphs 26-28, 33-34, 36, 39 and 44 of the report.
During its tenth session, the Permanent Forum emphasized that redefining the relationship between indigenous peoples and the State as an important way to understand the doctrine of discovery and a way to develop a vision of the future for reconciliation, peace and justice. To that end, the United Nations Declaration on the Rights of Indigenous Peoples provides a strong human rights framework and standards for the redress of such false doctrines, notably in articles 3, 28 and 37. The Permanent Forum encourages the conduct of the processes of reconciliation “in accordance with the principles of justice, democracy, and respect for human rights, equality, non-discrimination, good governance and good faith”.
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.
The Permanent Forum urges Member States to contribute support to make possible the annual UNITAR training programme to enhance the conflict prevention and peacemaking capacities of indigenous peoples’ representatives so as to strengthen indigenous capacity to engage in negotiation, dialogue and peace processes to contribute to sustainable peace.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.