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 Permanent Forum recognizes that it is important that the Human Rights Council continues to effectively address indigenous peoples’ issues as human rights issues. The Permanent Forum decides to appoint Ms. Ida Nicolaisen and Mr. Wilton Littlechild to undertake a study on the structures, procedures and mechanisms that presently exist and that might be established to effectively address the human rights situation of indigenous peoples, to arrange for indigenous representation and inclusion in such structures, procedures and mechanisms and to submit a report on the subject to the Permanent Forum by 31 December 2007.
The Permanent Forum recommends that IFAD develop a stronger focus on issues relating to land and territory and actively promote indigenous peoples’ rights to land.
The Permanent Forum recommends that States, the World Bank and other multilateral and bilateral financial institutions consider alternative systems beyond the perpetuation of highly centralized fossil fuel-based energy supplies and large-scale bioenergy and hydropower dams and increase their support for renewable, low-carbon and decentralized systems, taking into account the recommendations of the World Commission on Dams. States should abandon old centralized electricity grids, which are not suitable for the challenges of climate change.
The Permanent Forum takes note of the sixth call for proposals of the Indigenous Peoples Assistance Facility of IFAD, which is focused on advancing indigenous peoples’ biodiversity conservation and sustainable management for adaptation and resilience to climate change. The Permanent Forum urges IFAD to facilitate direct access to climate financing to indigenous peoples’ communities and organizations through the Facility and the Adaptation for Smallholder Agriculture Programme, and encourages Governments and donors to support those initiatives.
The Permanent Forum calls upon States and corporations to fully recognize the presence and effective participation of indigenous peoples in all negotiation processes relating to the entry of extractive industries, infrastructure projects and other development projects into their communities, consistent with the United Nations Declaration on the Rights of Indigenous Peoples, inter alia, articles 19, 23 and 32. Furthermore, the Forum calls upon all relevant actors to ensure the application of culturally relevant, gender-balanced and gender-based analysis and gender budgeting as critical elements of economic and social development, consistent with articles 21 and 44 of the Declaration.
The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.
In accordance with international law, the Permanent Forum recommends that all States members of the Organization of American States recognize and respect that the United Nations Declaration constitutes the minimum standards for the survival, dignity and well-being of indigenous peoples of the world, and requests them to ensure that the draft American declaration on the rights of indigenous peoples is consistent with or exceeds the standards affirmed in the United Nations Declaration.
The Permanent Forum requests the secretariat of the Convention on Biological Diversity and the World Intellectual Property Organization to assist it in finalizing the study on sui generis systems based on customary laws for the protection of traditional knowledge with a view to advancing its protection.
The Permanent Forum notes that the 2010 annual report of the Committee of Experts on the Application of Conventions and Recommendations devotes increased attention to the implementation by States parties of conventions relevant to the rights of indigenous peoples. The Permanent Forum also notes that 6 of the 12 countries under individual observation on ILO Convention C169 in 2010 must submit a report in 2010, which indicates the serious concern of the Committee about compliance with the Convention by those countries. The Permanent Forum urges the relevant States to present their reports by the deadline established by ILO.
The Permanent Forum urges all Member States and United Nations agencies and country teams to initiate indigenous human rights training and education programmes in their institutions and activities, in particular the existing and emerging international jurisprudence on the human rights and standards contained in the Declaration and their application and relevance at the national and local levels.
The Permanent Forum recommends that those responsible for practices of forced labour or other forms of servitude should be prosecuted under Paraguayan law.