The United Nations Declaration on the Rights of Indigenous Peoples should serve as a key and binding framework in the formulation of plans for development and should be considered fundamental in all processes related to climate change at the local, national, regional and global levels. The safeguard policies of the multilateral banks and the existing and future policies on indigenous peoples of United Nations bodies and other multilateral bodies should be implemented in all climate change-related projects and programmes.
The Permanent Forum takes note of the concerns expressed by the African Indigenous Peoples Caucus on the announcement by the World Bank in February 2014 of its intention to map Africa’s mineral resources by using satellites and airborne mineral surveys. The Forum calls upon the World Bank, African Governments, investor Governments and the private sector to disclose information about the “billion-dollar map” project, prior to any intervention and in a transparent manner, and requests that commitments to international norms and standards in relation to the rights of indigenous peoples be recognized and respected. The Forum also recommends that the World Bank involve indigenous peoples’ representatives in the mapping process and that indigenous peoples’ free, prior and informed consent be respected, consistent with articles 19 and 41 of the Declaration.
The Permanent Forum recommends that the United Nations Framework Convention on Climate Change and relevant parties develop mechanisms for indigenous peoples’ participation, as appropriate, in all aspects of the international dialogue on climate change, particularly the forthcoming negotiations for the next Kyoto Protocol commitment period, including by establishing a working group on local adaptation measures and traditional knowledge of indigenous peoples. The Forum encourages dialogue and cooperation among indigenous peoples, particularly indigenous women and youth, States, conservation and development organizations and donors in order to strengthen the participation of indigenous peoples in dialogue on climate change.
States should recognize indigenous peoples’ rights to forests and should review and amend laws that are not consistent with the United Nations Declaration on the Rights of Indigenous Peoples and other international standards on indigenous peoples’ land and natural resource rights, including over forests. This includes indigenous peoples’ customary law on land and resource rights and the right to be fully involved in decision-making processes.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
Numerous indigenous representatives have raised region-specific concerns about the adverse impacts of climate change on their communities. The Permanent Forum will therefore explore the potential for conducting, by appropriate United Nations entities, assessments, studies and reviews of the economic, social and cultural impacts of climate change on indigenous nations, peoples and communities. For example, the secretariat of the United Nations Convention to Combat Desertification could conduct a study on climate change and desertification in the African region.
While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Permanent Forum urges States, with the effective participation of indigenous peoples, to address the concomitant loss of community citizenship and human rights when indigenous peoples are forced to migrate or are displaced by violent conflicts, with a particular emphasis on indigenous women.
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
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 urges States to provide detailed reports to the Forum on the implementation of the Declaration. It recommends public education initiatives and the sharing of best practices in respect of the Declaration, in particular through training programmes for government agencies, the judiciary and law enforcement officials, in collaboration with indigenous peoples. Furthermore, the Forum recommends that such reports be included in the periodic reports mandated under human rights treaties and the universal periodic review procedures.