Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum encourages States, multilateral environmental agencies and other conservation agencies to adopt a rights-based approach to conservation and follow-up and to systematically evaluate how the rights are implemented.
The Permanent Forum applauds the historic decision of the United Nations Human Rights Council in recognizing the right to water as a human right, as well as its decision to initiate a study on the scope and content of the relevant human rights obligations related to equitable access to safe drinking water and sanitation under international human rights instruments, to be submitted prior to the sixth session of the Council. The Permanent Forum also calls upon the United Nations High Commissioner for Human Rights to present to the seventh session of the Permanent Forum the results of her study on the impact on the rights of indigenous peoples in terms of contamination, diversion, appropriation and privatization of water, which is sacred to indigenous peoples and is central to all life.
The Permanent Forum recommends that the Working Group on Access and Benefit Sharing of the Convention on Biological Diversity recognize the rights of indigenous peoples over the biological and genetic resources of their own territories.
The Permanent Forum continues to be deeply disturbed by the threats that the extractive industries, infrastructure megaprojects, such as roads and dams, legal and illegal logging, and the expansion of large-scale agriculture pose to the indigenous peoples living in voluntary isolation and initial contact. While recognizing the guidelines for the protection of indigenous peoples in voluntary isolation and initial contact in the Americas prepared by the Inter-American Commission on Human Rights and the corresponding guidelines elaborated by OHCHR, the Permanent Forum recommends that OHCHR, in cooperation with the Inter-American Commission on Human Rights and with the participation of indigenous peoples’ organizations, evaluate the progress made, identify implementation gaps and make recommendations to advance the protection of indigenous peoples living in voluntary isolation and initial contact and to guarantee their rights.
The Forum recommends that United Nations bodies, in particular the Convention on Biological Diversity, in coordination with the World Bank, UNDP, FAO and IFAD, and UNEP, organize a workshop on protecting sacred places and ceremonial sites of indigenous peoples with a view to identifying protective mechanisms and instituting a legal framework that make cultural, environmental and social impact assessments studies mandatory and ensure the environmental accountability of economic, social and environmental projects that are proposed to be conducted on sacred sites and on lands, territories and waters traditionally occupied or used by indigenous peoples.
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
The Permanent Forum reiterates the recommendation, contained in paragraph 17 of the report on its second session (E/2003/43-E/C.19/2003/22), related to the sale of children, child prostitution and child pornography. The Permanent Forum invites OHCHR, in particular the Special Rapporteur on the sale of children, child prostitution and child pornography, to report on the situation of indigenous children to the Forum at its eleventh session.
The Permanent Forum urges Member States to contribute support to make possible the annual UNITAR training programme to enhance the conflict prevention and peacemaking capacities of indigenous peoples’ representatives so as to strengthen indigenous capacity to engage in negotiation, dialogue and peace processes to contribute to sustainable peace.
The Permanent Forum calls on States to ensure that indigenous peoples that are undertaking their own mitigation measures are provided with policy support, technical assistance, funding and capacity-building in order to deepen their knowledge on climate change and to allow them to implement more effective mitigation and adaptation strategies. They should gain benefits from the environmental services derived from their territories and resources. Processes and mechanisms for the valuation of these environmental services, and methods that allow them to get adequate benefits, should be developed jointly with them. Efforts to create better documentation of good practices in mitigation and adaptation and to replicate and upscale these practices should likewise be supported.
The Permanent Forum urges the Nordic States to ratify, as soon as possible, the Nordic Saami Convention, which could set an example for other indigenous peoples whose traditional territories are divided by international borders.