The Permanent Forum calls upon the member States of the Association of Southeast Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC) to recognize the collective rights of indigenous peoples, and calls on ASEAN to ensure that the rights of indigenous peoples are integrated into the development process of the ASEAN charter.
The Permanent Forum invites the United Nations Global Compact to lead a study on how the human rights of indigenous peoples can be integrated into the model guidance for stock exchanges when reporting on environmental, social and governance information for their market, and report on its progr ess to the Permanent Forum at its twenty-second session, to be held in 2023.
The Permanent Forum welcomes the adoption of the Global Plan of Action for Animal Genetic Resources. It requests FAO to give priority to strategic priority No. 6 (support indigenous and local production systems and associated knowledge systems of importance to the maintenance and sustainable use of animal genetic resources), and to further develop relevant approaches to implement it, including rights-based approaches and payment for services that support the custodianship of local breeds by indigenous peoples.
The Permanent Forum welcomes the recommendation to establish a voluntary international mechanism to receive and consider communications from indigenous peoples specifically concerning their claims to, or violations of, their rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. This recommendation deserves further elaboration by indigenous peoples and others concerned. The Forum takes note of the mandate of the Special Rapporteur on the rights of indigenous peoples in this regard.
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Permanent Forum also notes the International Expert Group Meeting on Urban Indigenous Peoples and Migration, held in Chile in March 2007, and expresses its appreciation to the Government of Canada for providing funding to the Economic Commission for Latin America and the Caribbean for hosting the event. It also recommends that States, United Nations and civil society organizations and other stakeholders contribute to the implementation of the recommendations contained in the above-mentioned publication.
The Permanent Forum has learned from indigenous peoples’ communications, which have been corroborated by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, that in the Chaco region there are Guaraní communities in a practical state of slavery. According to the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, as well as the articles 17, 26 and 28 of the United Nations Declaration on the Rights of Indigenous Peoples, the Forum strongly supports the efforts of the current Government of Bolivia and the commitment of the incoming Government of Paraguay to discontinue this enslaving practice and return indigenous lands to their lawful owners, the Guaraní themselves.
The Permanent Forum is equally alarmed at the many testimonies from Indigenous Peoples on the establishment of protected areas and conservation measures without the free, prior and informed consent of Indigenous Peoples and the persistent violations of their human rights in the context of conservation. The Permanent Forum underlines that it is the responsibility of Member States and other actors to obtain free, prior and informed consent directly from Indigenous Peoples when developing policies and legislation pertaining to conservation measures and protected areas.
The Forum recommends that FAO and the Sustainable Agricultural and Rural Development Initiative work further on the development of cultural indicators for identifying priorities and criteria and methodologies for the right to food and food security, with the participation of indigenous peoples, taking into account the protection and restoration of indigenous peoples' traditional food systems and their agrobiodiversity and associated traditional knowledge and livelihoods. The threats to sustaining such systems, such as monoculture cash crop production, mineral extraction, environmental contamination and genetically modified seeds and technology, should be addressed.
The Permanent Forum calls the attention of States to the need to create or strengthen national bodies with a mandate for the protection of the rights and interests of indigenous peoples in line with the Declaration. The Forum notes the efforts of certain States to create institutions for the rights and interests of indigenous peoples as Government bodies, including ombudsmen who deal with issues and situations regarding the protection of the rights and interests of indigenous peoples. It recommends that other States draw upon such experiences which highlight the promotion and protection of the rights of indigenous peoples.
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 notes with deep appreciation the reports and responses of United Nations bodies on environment, and reaffirms its recommendations on environment made at its second session, in particular those contained in chapter I, section B, paragraphs 46-49, 54-57, and 59-61 of the report.