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 encourages United Nations entities, the World Bank, the Green Climate Fund, the African Commission on Human and Peoples’ Rights and other relevant international and regional bodies to align their policies with the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous Peoples should be employed within those entities as part of diversity and inclusion policies and to ensure Indigenous perspectives.
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 notes that representatives of extractive industries, although invited, were unable to attend the International Expert Workshop on Indigenous Peoples’ Rights, Corporate Accountability and the Extractive Industries, held in Manila from 27 to 29 March 2009. The Forum also notes that the International Council on Mining and Metals is in the process of developing a set of voluntary guidelines for the industry for engagement with indigenous peoples. The Forum invites the Council at the conclusion of the development of the guidelines to forward a copy to the secretariat of the Permanent Forum. The Forum decides to forward a copy of the report of the International Expert Workshop to the International Council on Mining and Metals.
The United Nations Conference on Sustainable Development (Rio+20) should embrace the cultural dimensions of sustainable development. The Permanent Forum recommends that the Conference approve the cultural indicators as a fourth “pillar” for the elaboration of development policies for all peoples.
The Forum welcomes UNDP’s contribution to the Forum and its support of the establishment of a working group on free, prior and informed consent and of the initiative to develop a land rights policy. The Forum also recognizes the key role UNDP can play in data collection and disaggregation through its national human development reports and the Millennium Development Goals reports. The Forum also recognizes that the Goals can provide an overall framework for furthering indigenous peoples’ development.
The Permanent Forum appreciates the steps taken by the African Development Bank to include safeguards for indigenous peoples in its integrated safeguards system. The Forum is concerned, however, that the Bank remains the only multilateral bank not to have a stand-alone safeguard policy for indigenous peoples. The Forum recommends that the Bank fast-track, in coordination with the African Commission on Human and Peoples’ Rights and other regional bodies, a regional policy framework for indigenous peoples in line with the provisions of the African Charter on Human and Peoples’ Rights and report on progress to the Forum at its thirteenth session, in 2014. The Forum further recommends that the Bank develop a mechanism specifically to support the entrepreneurship activities of indigenous peoples.
The Permanent Forum invites Member States to participate in informal discussions on the effective and efficient impacts of the Permanent Forum on the achievement of the Sustainable Development Goals, including in the contexts of biodiversity, climate change, desertification and the enjoyment of human rights by indigenous peoples, in particular efforts to combat violence against indigenous women and children. The Permanent Forum also invites Member States to enhance the effective participation of indigenous peoples in the design and implementation of efforts in the context the United Nations Decade of Ocean Science for Sustainable Development; the International Decade for Action, “Water for Sustainable Development”, 2018–2028; the United Nations Decade on Ecosystem Restoration; and the International Decade of Indigenous Languages.
The Permanent Forum recommends that the Plurinational State of Bolivia continue the implementation of specific policies in the areas of housing, health and education in order to benefit the freed communities, paying particular attention to those who have been subjected to servitude, and especially children and adolescents.
The Permanent Forum appoints Les Malezer, a member of the Forum, to undertake a study on indigenous peoples and sustainable development, to be submitted to the Forum at its seventeenth session.