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.
Recognizing that the Inter-Agency Support Group on Indigenous Issues will play a central role in coordinating efforts among United Nations agencies to translate the outcome document of the World Conference on Indigenous Peoples into meaningful change, the Permanent Forum requests that the Group ensure that its membership includes all United Nations agencies, funds and programmes, including specialized agencies. The Forum recommends that the United Nations Development Programme, the United Nations Population Fund and the Advisory Board of the United Nations Office for Partnerships and other relevant United Nations agencies take the measures necessary for addressing the special situation of indigenous peoples in developed countries.
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 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 Permanent Forum commends existing small-grant schemes and programmes, since they often enable indigenous peoples’ organizations to play an active role in implementing the recommendations of the Forum. The Forum encourages the United Nations system to develop small-grant schemes and to increase the level of funding aimed directly at indigenous peoples and also to continue establishing mechanisms to ensure that they effectively reach and benefit indigenous peoples at the local level and provide funds directly to indigenous organizations for socioculturally appropriate project implementation.
In accordance with articles 20 and 21 of the Declaration, the Permanent Forum urges States to develop legislation, policies and programmes supporting traditional livelihoods with the full and effective participation of indigenous peoples. In particular, the Forum urges the Government of Finland to renew the Reindeer Herding Act with the full and effective participation of the Sami people
The Permanent Forum is concerned about the recent grant by the World Bank of a waiver to its indigenous peoples policy (operational policy 4.10) and requests that the World Bank ensure that waivers will not be used in the future. Furthermore, the Forum requests that the Bank conduct a review of the impact on indigenous peoples of the waiver issued to the Southern Agricultural Growth Corridor of Tanzania Programme and present its findings to the Forum
The Permanent Forum encourages international financial institutions to establish policy mechanisms and programme frameworks requiring corporations to comply with the Guiding Principles on Business and Human Rights, which were unanimously endorsed by the Human Rights Council in 2011, in addition to the United Nations Declaration on the Rights of Indigenous Peoples, International Labour Organization Convention No. 169, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.
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 Forum takes note of the adoption by the Commission on Sustainable Development of a substantive agenda for the next several years, and decides to prepare inputs to the Commission according to the calendar adopted by the Commission. In preparation for the first cluster for 2004-2005 on water, sanitation and human settlements, the Forum recommends that its secretariat prepare, without financial implications, a brief draft position paper and to submit it to the Forum at its third session.
The Forum invites the Economic and Social Council and the regional commissions to present reports on the economic situation, scenarios and impacts of free-trade policies, especially the North American Free Trade Agreement and the Free Trade Agreement of the Americas, with emphasis on indigenous peoples.
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.