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 Forum reiterates its recommendations made at its second session, in particular those contained in chapter I, section B, paragraphs 83 to 94 of the report.2
The Permanent Forum recommends that all States Parties to International Labour Organization (ILO) Convention No. 169 implement it by training their leading public officials/civil servants to respect and fulfil its provisions. It is crucial that indigenous peoples be fully informed of the consequences of the use and exploitation of natural resources in their lands and territories through consultations, under the principle of free, prior and informed consent, with indigenous peoples concerned. Through free, prior and informed consent, future conflicts can be avoided and the full participation of indigenous peoples in consultation mechanisms, environmental impact assessments and sociocultural impact assessments can be ensured.
Climate change and environmental issues are a major threat to indigenous peoples. The Permanent Forum recommends that Member States recognize indigenous peoples’ rights to use, maintain and control their lands, territories and resources, and develop mechanisms for their inclusion in relevant decision-making processes. The Forum calls upon States to cooperate with indigenous peoples and consider their traditional knowledge in environmental impact assessment procedures and in local, regional and national development plans. The Forum also recommends that States implement inclusive environmental and land management policies, in line with the Declaration.
The Forum welcomes the nomination of the High Commissioner, Justice Louise Arbor, and recommends that she convene a meeting with the Forum members.
The Permanent Forum recommends that the Pacific Islands Forum create a mechanism for contributions by and participation of indigenous peoples’ representatives in its meetings and related structures and activities.
Indigenous peoples lack recognition, and face poor implementation of their rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member States of their duty to protect.
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
The Permanent Forum notes that forced labour and all forms of servitude constitute serious human rights violations that it is urgent to address; it therefore urges the Government of Paraguay to combat these practices as a matter of urgency.
The Permanent Forum welcomes the fact that the principles and rules contained in the United Nations Declaration on the Rights of Indigenous Peoples have been integrated into the new constitution of the Plurinational State of Bolivia, which was ratified in a referendum held on 25 January 2009.
The Permanent Forum urges that discussions at the forthcoming summit to renew the Amazon Cooperation Treaty Organization, scheduled to be held in Brazil in August 2023, fully involve Indigenous Peoples from the Amazon region in determining a road map that addresses their situation, including cross-border illegal activities and organized crime.
The Permanent Forum recommends to ILO and its Governing Body that a technical expert meeting be organized to consider the drafting of a recommendation to supplement the Indigenous and Tribal Peoples Convention.