The Permanent Forum recommends that the International Finance Corporation establish a mechanism of engagement with indigenous peoples in the context of its sustainability framework, including Performance Standard 7, on indigenous peoples.
Considering their impact on the sexual health and reproductive rights of indigenous peoples, the Permanent Forum calls, in paragraph 62 of the report, for “a legal review of United Nations chemical conventions, in particular the Rotterdam Convention, to ensure that they are in conformity with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Rights of Persons with Disabilities”.
The Permanent Forum recommends that States immediately begin the process of demarcation of indigenous peoples’ lands and territories in accordance with customary laws and the norms reflected in the United Nations Declaration on the Rights of Indigenous Peoples, with a view to further protecting indigenous peoples’ lands and resources from expropriation, exploitation and designation as conservation areas or national parks without the free, prior and informed consent of indigenous peoples, as set out in articles 19, 26 and 27 of the Declaration.
The Permanent Forum welcomes the initiatives of national human rights institutions, such as those from Malaysia, Indonesia and Bangladesh, and encourages other human rights institutions to conduct national inquiries on the rights of indigenous peoples to their lands, territories and resources.
Consistent with the commitments in the outcome document of the high-level meeting of the General Assembly known as the World Conference on Indigenous Peoples (General Assembly resolution 69/2) and the standards for indigenous peoples’ survival, dignity and well-being contained in the United Nations Declaration, the Permanent Forum recommends that States fully engage indigenous peoples in good-faith negotiations of treaties, agreements and other constructive arrangements on the basis of the unequivocal recognition of indigenous peoples’ rights to lands, territories and resources and to fully reject the extinguishment of indigenous rights in form or result. Furthermore, the Forum recommends that States address the call for full and effective redress for the loss of lands, territories and resources and State breaches of treaties, agreements and other constructive arrangements. The Forum reiterates the urgent need for States to institute, in conjunction with indigenous peoples, high-level oversight bodies to guide and oversee the conduct of negotiations and implementation of treaties, agreements and other constructive arrangements in the light of ongoing negotiation and implementation issues. Building on the recommendations advanced at the eleventh session of the Forum, States are encouraged to support the resolution of disputes between indigenous peoples by providing financial and other methods of support to achieve peaceful resolution.
The Permanent Forum recommends that States ensure that the territories of indigenous peoples in Asia be free of State military interventions and that military bases, camps and training centres established in indigenous territories without the free, prior and informed consent of indigenous peoples be removed immediately, consistent with articles 19 and 30 of the Declaration.
In the light of the study by Ms. Toki on the relationship between indigenous peoples and the Pacific Ocean and the dire effects of climate change, such as forced relocation and the loss of culture and livelihood, on vulnerable small island Pacific States, the Permanent Forum recommends that United Nations entities, including UN-Oceans, the United Nations Framework Convention on Climate Change and UNESCO, in addition to the International Seabed Authority, comply with and implement the relevant articles of the United Nations Declaration (arts. 18, 27 and 32), so as to ensure the full and effective participation of indigenous peoples. This should include meaningful participation, such as dedicated indigenous representation within each of these United Nations entities, and regard for indigenous peoples’ world views.
Alarmed at attempts to exclude indigenous peoples of Africa in the application of World Bank Operational Policy 4.10, the Permanent Forum recommends that the World Bank immediately initiate consultations with States and indigenous peoples in Africa as part of its safeguards policy review and ensure the application of safeguards to indigenous peoples of Africa, as directed by articles 19 and 41 of the Declaration.
The Permanent Forum recommends, in paragraph 64 of the report, that the relevant United Nations entities should “conduct a study, in partnership with indigenous peoples’ organizations, that documents the linkage between environmental violence, including the operations of extractive industries, chemical pollution and the destruction of the indigenous habitat, and the sexual and reproductive health of indigenous peoples, as well as issues pertaining to sexual exploitation, trafficking of indigenous girls and sexual violence, with concrete recommendations on protection measures”.