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 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.
The Permanent Forum notes that in international law, the right to adequate food and the fundamental right to be free from hunger apply to everyone without discrimination. The Permanent Forum is concerned about the implementation gap between what is legally recognized and the reality. The right to food is frequently denied or violated, often as a result of systematic discrimination or the widespread lack of applicability of indigenous peoples’ rights. The Permanent Forum recommends that States engage in an inclusive and participatory process to ensure food sovereignty and security, in accordance with the principles of free, prior and informed consent, and develop standards and methodologies and cultural indicators to assess and address food sovereignty.
The Permanent Forum also recommends to Member States that the development agenda beyond 2015 recognize, protect and strengthen indigenous peoples’ collective rights, in particular the right to land, territories and natural resources.
Throughout history, indigenous peoples have moved from place to place to find water, pastureland for their animals, and game; to trade goods from different ecological zones; and even to seek job opportunities in urban areas. Mobility restrictions both within and across State borders have affected indigenous peoples adversely, with the impact on pastoralist groups particularly severe in the context of their ability to access water and food. The Permanent Forum recommends that States implement specific measures to address the mobility needs of indigenous peoples, including through cooperation with neighbouring States, and that such efforts be made with the full free, prior and informed consent of the indigenous peoples affected.
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 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 Forum urges Governments, in addressing economic and social development issues, to make efforts to adopt general strategies that include considerations for the needs and rights of indigenous peoples in the policies, laws and administrative issues that affect them, and they should include participation and consultations with indigenous peoples. Governments should also consider implementing special policies directed to employment creation for indigenous peoples, facilitating access to credit and the creation of small and medium-sized businesses.