The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers.
The Permanent Forum calls on UNEP to conduct a fast track assessment of short-term drivers of climate change, specifically black carbon, with a view to initiating negotiation of an international agreement to reduce emissions of black carbon.
The Permanent Forum decides to appoint as Special Rapporteur Ms Tonya Gonnella Frichner, a member of the Forum to conduct a preliminary study on the impact of the international legal construct known as the Doctrine of Discovery on Indigenous Peoples that has served as the foundation of the violation of their human rights and to report thereon to the Forum at its ninth session, in 2010.
The Permanent Forum welcomes the adoption of resolution 63/278, by which the General Assembly established International Mother Earth Day and embraces indigenous peoples’ and Member States’ recommendations regarding the need to promote humankind living in harmony with nature. Therefore, the Forum decides to appoint Mr Carlos Mamani Candori and Mr Bartolome Clavero, members of the Forum as Special Rapporteurs, to conduct a study, without financial implications, on its implementation, taking into account, inter alia, the consideration and recognition of Mother Earth rights and submit a report to the ninth session of the Forum in 2010.
Consistent with article 7 of the United Nations Declaration, the Permanent Forum recommends that the Inter-American Commission on Human Rights urgently establish an independent international commission to investigate the assassination of Berta Cáceres and Nelson Garcia of the Lenca people of Honduras.
The Permanent Forum recommends that an appropriate form of coordination should be explored between the Committee of Experts and the Forum regarding the implementation of ILO Convention No. 169. The Permanent Forum reiterates the need for a mechanism of coordination to also be established between the ILO supervisory mechanisms and indigenous peoples, which may include the establishment of an ad hoc committee consisting of indigenous representatives or experts.
Building upon the study prepared by members of the Permanent Forum on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with respect to the full enjoyment of human rights and inclusion in development (see E/C.19/2013/6), and in the light of the call in the 2030 Agenda for Sustainable Development to “leave no one behind”, the Forum is concerned that the experiences and rights of indigenous persons with disabilities require further study and examination. In that regard, the Forum calls upon the secretariat of the Convention on the Rights of Persons with Disabilities, as the focal point within the United Nations system on matters relating to disability, to conduct a qualitative study with regard to indigenous persons with disabilities, in all seven regions of the world.
The Permanent Forum welcomes the fact that the principles and rules contained in the United Nations Declaration on the Rights of Indigenous Peoples have been integrated into the new constitution of the Plurinational State of Bolivia, which was ratified in a referendum held on 25 January 2009.
The Permanent Forum recommends that States establish, where it does not already exist, a national dialogue with indigenous peoples on human rights, based on the Declaration.
The Permanent Forum calls upon Member States to analyse the compatibility of domestic laws with the United Nations Declaration on the Rights of Indigenous Peoples, in particular with a view to harmonizing laws dealing with Arctic renewable resources upon which indigenous peoples depend, and to include the indigenous peoples of the Arctic in a direct and meaningful way in this analysis.
The Permanent Forum urges UNDP to further strengthen the right to self-determination of indigenous peoples by choosing indigenous peoples’ organizations as their implementing partners and responsible parties in their projects involving indigenous peoples, especially those with established track records in project implementation. As a corollary to the foregoing, government agencies created to promote and protect the rights and interests of indigenous peoples should be preferred as implementing partners in UNDP programming on indigenous peoples’ issues so that they can effectively perform their mandate
The religious, spiritual and cultural sites of indigenous peoples, including the Ktunaxa Nation in Canada, the Aboriginal people of Australia, the Maya of Guatemala and the Amazigh peoples, continue to face destruction. This has profoundly negative impacts on indigenous peoples, including affecting their sacred practices. Consistent with articles 11, 12, 13, 19, 25, 31 and 32 of the United Nations Declaration and paragraphs 20 and 27 of the outcome document of the World Conference on Indigenous Peoples, the Permanent Forum recommends that, in their national action plans, strategies and other measures, States:
(a) Take effective measures to ensure that indigenous peoples’ spiritual and cultural sites are protected;
(b) Ensure that, consistent with article 32 of the United Nations Declaration, indigenous peoples are not forced to defend these rights against proposed development projects or through litigation in courts;
(c) Actively resolve disputes directly with indigenous peoples, consistent with article 19 of the United Nations Declaration, given that these rights constitute critical elements of the survival, dignity and well-being of indigenous peoples.