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 Forum recommends that the United Nations system urge all States to ratify the Kyoto Protocol, the Bio-Safety Protocol, the Stockholm Convention on Persistent Organic Pollutants (the Conference of Parties to the Stockholm Convention should establish mechanisms for indigenous peoples to maintain an active presence at its meeting), the Rotterdam Convention on Hazardous Chemicals, the Basel Convention on the Control of the Transboundary Movement of Hazardous Wastes and Their Disposal and its 1995 prohibition on the export of hazardous waste from the countries of the Organization for Economic Cooperation and Development to non-member countries, and 1996 Protocol to the London Convention on marine waste deposits etc.
The Permanent Forum calls on States to consult with indigenous peoples in a manner that fully respects their obligations under the Declaration and fully responds to the goals, needs and rights of indigenous peoples in the development and design of relevant legislation.
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.
Many States have established mechanisms to protect human rights. However, the Permanent Forum is concerned that such mechanisms might prioritize individual rights over collective rights. It calls upon States, in cooperation with national human rights institutions, to comply with their commitments made in the outcome document of the 2014 World Conference on Indigenous Peoples, with the aim of achieving the full enforcement of the collective rights of indigenous peoples.
The Permanent Forum recommends that the Intergovernmental Panel on Climate Change prepare a special report within its seventh assessment cycle, led by Indigenous academics, scientists and traditional knowledge holders, to assess the opportunities for and threats against Indigenous Peoples in the areas of adaptation, mitigation, and loss and damage.
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 recommends that adequate and sustained funding and other support be provided to the aforementioned projects of UNDP and ILO and that they be replicated in different regions of the world.
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.
The Permanent Forum invites the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples to examine and report on the situation of the human rights of indigenous peoples in Non-Self-Governing Territories of the Pacific region, and urges relevant States to cooperate with the Special Rapporteur for that purpose.
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 urges States to recognize and protect indigenous peoples’ cultural right to water and, through legislation and policy, to support the right of indigenous peoples to hunt and gather food resources from waters used for cultural, economic and commercial purposes. This is consistent with article 25 of the United Nations Declaration on the Rights of Indigenous Peoples.