Recognizing the emerging role of civil society and indigenous peoples in the search for creative solutions as a means of contributing to formulating, developing and implementing policies and programmes of the United Nations system, the Forum welcomes the initiative of the Secretary-General to create a high-level panel to prepare a series of recommendations on the participation of civil society in the work of the United Nations system. The Forum recommends that the Secretary-General ask the high-level panel to hold consultations and to take into account the recommendations of the Forum on the improvement of indigenous peoples’ participation in and contributions to the work of the United Nations system.
Many indigenous peoples described situations where their human rights were being impacted by large-scale infrastructure projects, natural resource extraction and industrial agriculture activities in their territories without their free, prior and informed consent. The Permanent Forum received information to that effect from the Shuar, Sapara, Maasai and Ogaden peoples, among others. The Forum is concerned, in particular, by cases where it appears that the interests of investors are better protected than the rights of indigenous peoples. It reiterates that States and the private sector must respect the human rights of indigenous peoples by ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights.
A recommendation that the Government of Denmark, in its preparatory work and programme for the fifteenth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, engage indigenous representatives and invite the Chairperson of the Permanent Forum and other members of the Forum to participate.
The Permanent Forum notes that various United Nations treaty bodies have repeatedly called on the Governments of Finland and Sweden to clarify and affirm the Sámi people’s rights to land and fishing, including hunting and reindeer grazing rights. The Forum urges Finland and Sweden to take action in accordance with these recommendations, without further delay. The Permanent Forum further calls on Norway to reach an agreement with the Sámi Parliament on the draft mineral act.
6. The Permanent Forum congratulates the Food and Agriculture Organization of the United Nations (FAO) on the adoption of its policy on indigenous and tribal peoples and requests that FAO take measures towards the implementation of the policy at all levels, especially at the country level. Such measures include improving the capacity of FAO staff to work effectively with indigenous peoples and their organizations and establishing a mechanism for partnership. Further, the Permanent Forum requests that FAO involve it in the development of voluntary guidelines on the responsible governance of tenure of land, fisheries and forests. In addition, the Forum requests participation in the Committee on World Food Security and membership in the Committee’s advisory group.
The Permanent Forum welcomes the initiatives of national human rights institutions, such as those from Malaysia, Indonesia and Bangladesh, and encourages other human rights institutions to conduct national inquiries on the rights of indigenous peoples to their lands, territories and resources.
As part of its mandate on the environment, the Permanent Forum has raised concerns and made recommendations pertaining to indigenous peoples and forests. The Forum has consistently recommended that the United Nations Forum on Forests and forest-related United Nations bodies develop effective means to monitor and verify the participation of indigenous peoples in forest policymaking and sustainable forest management, and establish a mechanism, with the participation of indigenous peoples, to assess the performance of governmental and intergovernmental commitments and obligations to uphold and respect indigenous peoples’ rights (see E/C.19/2004/23).
The Permanent Forum calls upon States to recognize indigenous peoples, where they exist, consistent with the provisions of the United Nations Declaration, in their legislation in order to gather statistical data thereon, especially in the area of allocation of land and other natural resources for traditional use.
The Forum recommends to the Economic and Social Council that the United Nations system guarantee the full and effective participation of indigenous peoples in appropriate processes and environmental conventions, such as those on desertification, wetlands and climate change.
The Permanent Forum welcomes the report on the study on implementing free, prior and informed consent in the context of Indigenous Peoples (E/C.19/2023/6), presented at its twenty-second session by a former member of the Permanent Forum, Alexey Tsykarev. The Permanent Forum agrees with the recommendation in the study that Member States and businesses treat Indigenous Peoples as rights holders and work collaboratively with Indigenous Peoples to design effective models for ensuring that free, prior and informed consent is honoured. It urges States, with the full and effective participation of Indigenous Peoples, to develop national standards to ensure free, prior and informed consent for all development activities by private and public companies.
The Permanent Forum urges its secretariat, in cooperation with the secretariat of the Convention on Biological Diversity, to organize a side-event on the occasion of the fifth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing of the Convention on Biological Diversity, as an occasion for the co-chairs of the Working Group, States parties and other interested groups to consider the conclusions and recommendations contained in the report of the international expert group meeting, held from 17 to 19 January 2007, on the Convention on Biological Diversity’s international regime on access and benefit-sharing and indigenous peoples’ human rights.
The Permanent Forum recommends that States implement emission reductions to limit the increase in average global temperature to no more than 1.5oC to avoid the increased impact of climate change.