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.
The Permanent Forum welcomes the announcement during this session of the Conservation Initiative on Human Rights by eight global conservation organizations — the International Union for the Conservation of Nature and Natural Resources, the World Wide Fund for Nature/World Wildlife Fund, Fauna and Flora International, Wetlands International, BirdLife International, the Nature Conservancy, the Wildlife Conservation Society and Conservation International — which aims to promote the integration of human rights in conservation policy and practice, based on their common interest in promoting positive links between conservation and rights of people to secure their livelihoods, enjoy healthy and productive environments and live with dignity. The Forum recommends that these conservation organizations ensure the full participation of indigenous peoples in the implementation of the Initiative. The Forum further recommends that conservation organizations that have projects that have led to the eviction of indigenous peoples from their forests provide redress and restitution to such victims.
The Permanent Forum recommends that the United Nations University Institute of Advanced Studies, university research centres and relevant United Nations agencies conduct further studies on the impacts of climate change and climate change responses on indigenous peoples who are living in highly fragile ecosystems, such as low-lying coastal areas and small island States; semi-arid and arid lands and dry and sub-humid lands (grasslands); tropical and subtropical forests; and high mountain areas.
OHCHR, the secretariat of the Permanent Forum, ILO, the World Bank Group and other relevant United Nations entities, including United Nations country teams, should focus on increasing the understanding of indigenous peoples’ underlying material rights to land and the need to give material rights priority over process rights. These agencies should undertake analytical work on how the intensity and exclusivity criteria that are commonly encompassed in domestic property rights systems could be understood in the context of international human rights standards related to indigenous property rights.
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.