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 welcomes the initiative taken by the International Organization for Migration (IOM) and the secretariat of the Permanent Forum to convene a first expert meeting on the nexus between indigenous peoples and migration and endorses the recommendations of that meeting and requests further inter-agency cooperation and collaboration regarding data collection and case studies on indigenous peoples and migration, in particular the creation of a task force to specifically address migration issues of indigenous peoples within the existing Inter-Agency Support Group on Indigenous Issues for the Permanent Forum. Such a task force could assist with studies by indigenous leaders and experts and promote capacity-building projects dealing with the migration of indigenous peoples.
The Forum recognizes the importance of the Millennium Development Goals in the realization of social and economic development for indigenous peoples, and therefore calls upon United Nations agencies, funds and programmes to work in collaboration with indigenous peoples to achieve such objectives.
The Permanent Forum recommends that the summary and outcome of the discussion on the post-2015 process held during the twelfth session of the Forum and the outcome of the consultations held with indigenous peoples in preparation for the post-2015 development agenda be transmitted as background documents to the Open Working Group on Sustainable Development Goals
The Forum also notes with concern that the World Bank’s operational policies, including its policy on indigenous peoples, have limited application, covering only investment lending and not other Bank operations. The Forum recommends that the outcome target of the Bank’s process to review and update its safeguards be a set of safeguards and follow-up mechanisms covering all finance instruments and all other Bank operations.
The Permanent Forum is concerned at the lack of implementation of its previous recommendations that States implement the agreements reached in peace accords, and encourages States to engage in constructive dialogue with indigenous peoples, including the Maya, Garifuna, Xinka, Jumma, Kanak, Naga, Chin, Amazigh, Tuareg and Maohis peoples, and provide information to the Forum at its sixteenth session on the status of the agreements. In accordance with articles 3, 4, 5, 18 and 27 of the United Nations Declaration, the Forum urges the States concerned to engage in implementation with the full participation of indigenous peoples.
The Permanent Forum welcomes the establishment and development of indigenous-led funds as a self-governance practice, which promote funding access to indigenous communities and shift power relations in donor and philanthropy processes. The Forum invites the broad donor and philanthropic community to support these initiatives.
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 notes with appreciation the work of the trilateral working group on violence against indigenous women and girls and urges Canada, Mexico and the United States of America, in cooperation with United Nations entities, to organize an international expert group meeting, by 2021, on ongoing issues of violence against indigenous women and girls in the region, including trafficking, as well as the continuing crisis of missing and murdered indigenous women.
The Permanent Forum decides to appoint Carlos Mamani Condori, Elisa Canqui Mollo and Pavel Sulyandziga, members of the Forum, as special rapporteurs to conduct a study, without financial implications, on indigenous peoples and corporations. The study will examine the existing mechanisms and practices, review policies on indigenous peoples, examine good practices and submit a report to the Forum at its eighth session in 2009. The Forum calls upon indigenous peoples’ representatives, States, corporations, international financial institutions and the United Nations system, in particular the United Nations Development Programme and the Global Compact, to engage in active cooperation with the special rapporteurs.
The Permanent Forum recommends that the Secretary-General, in his report on the study of violence against women, address the particular situation of indigenous women and girls whose suffering is based not only on gender but also on ethnicity and culture.
The Permanent Forum appoints Ms. Victoria Tauli-Corpuz and Mr. Pavel Sulyandziga as special rapporteurs to elaborate papers on indigenous peoples and relevant thematic issues relating to sustainable development (for example, sustainable agriculture, land, rural development, drought and desertification), for consideration by the Commission on Sustainable Development and for the submission of its reports to the Secretary-General and to represent the Permanent Forum in the Commission’s interactive dialogues with United Nations agencies. The Commission is urged to invite a member of the Permanent Forum to attend its annual sessions.