The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.
In this regard, the Forum invites the International Organization for Migration (IOM) and the Office of the United Nations High Commissioner for Refugees (UNHCR) to pay special attention to the situation of indigenous peoples and address these issues in accordance with their mandates. The Forum recommends that IOM and UNHCR develop specific guidelines on indigenous migrants and to actively participate in the Inter-Agency Support Group on Indigenous Peoples’ Issues.
The Forum recommends that Governments provide public water and sanitation systems to the villages and rural areas where indigenous people live, and control the pollution of rivers and streams affected by pollution from such toxic chemicals as pesticides, herbicides, fertilizers and industrial waste. The Forum also recommends Governments to create programmes to clean up the rivers and streams that have already been polluted and to ban further pollution by agribusiness and industries.
Consistent with article 10 of the United Nations Declaration, the Permanent Forum calls upon Member States and human rights institutions to consider examining, in conjunction with the Special Rapporteur on the rights of indigenous peoples and other mandate holders, the forced relocation of indigenous communities.
The Forum recommends that the relevant United Nations entities, in particular the Office of the United Nations High Commissioner for Human Rights, the Department of Economic and Social Affairs, in particular its Division for the Advancement of Women, UNICEF, UNIFEM, the Department of Public Information and ILO:
(a) Encourage the dissemination of information in indigenous languages at the local level, concerning the rights of indigenous peoples, especially indigenous women;
(b) Encourage and support the training of indigenous women in human rights and the rule of law;
(c) Provide technical assistance to governments to establish the fundamental rights of indigenous peoples, especially indigenous women.
The Forum recommends that the Department of Peacekeeping Operations of the United Nations Secretariat establish a policy on indigenous peoples, in consultation with indigenous peoples
The Permanent Forum welcomes the “International Conference on Biological and Cultural Diversity: Diversity for Development and Development for Diversity” (8-10 June 2010, Montreal, Canada) as a useful dialogue on the interface of diversities and development and notes its goal to consider a future collaborative programme of work between the Secretariat of the Conference on Biological Diversity, the United Nations Educational, Scientific and Cultural Organization (UNESCO), other relevant agencies, including the Forum and relevant indigenous organizations and non-governmental organizations, and decides to send the Chair of the Forum to report on the outcomes of the ninth session of the Permanent Forum regarding the theme.
The Permanent Forum appoints Valmaine Toki to conduct a study on the relationship between indigenous peoples and the Pacific Ocean, taking into account issues of governance, the effects of climate change, deep sea mining, resources and sustainable development.
The Permanent Forum recalls and stresses its earlier recommendation that the Intergovernmental Commission on Human Rights of the Association of Southeast Asian Nations (ASEAN) recognize the human rights of indigenous peoples in the ASEAN region and establish a working group on indigenous peoples. In addition, the Forum urges the South Asian Association for Regional Cooperation to establish a human rights commission and a working group on indigenous peoples.
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 reiterates its recommendation to ILO to accommodate and guarantee the direct participation of indigenous peoples’ organizations in ILO procedures, in particular those relating to compliance with the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (Convention No. 107) and the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) and their corresponding supervisory mechanisms. The Forum reiterates its call upon Member States to accede to the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169).
The Permanent Forum remains concerned about continuing human rights violations, including arbitrary killings and extrajudicial executions, throughout northeastern India. It echoes the call of indigenous peoples (scheduled tribes) of the region and urges India to repeal the Armed Forces Special Powers Act of 1958, investigate alleged human rights abuses in the region and hold those responsible to account.