The Permanent Forum is equally alarmed at the many testimonies from Indigenous Peoples on the establishment of protected areas and conservation measures without the free, prior and informed consent of Indigenous Peoples and the persistent violations of their human rights in the context of conservation. The Permanent Forum underlines that it is the responsibility of Member States and other actors to obtain free, prior and informed consent directly from Indigenous Peoples when developing policies and legislation pertaining to conservation measures and protected areas.
The Permanent Forum reiterates to the parties to the Convention on Biological Diversity, and especially to the parties to the Nagoya Protocol, the importance of respecting and protecting indigenous peoples’ rights to genetic resources consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Consistent with the objective of “fair and equitable” benefit sharing in the Convention and Protocol, all rights based on customary use must be safeguarded and not only “established” rights. The Committee on the Elimination of Racial Discrimination has concluded that such kinds of distinctions would be discriminatory.
Affirmation of the status of indigenous peoples as “peoples” is important in fully respecting and protecting their human rights. Consistent with its 2010 report (E/2010/43-E/C.19/2010/15), the Permanent Forum calls upon the parties to the Convention on Biological Diversity, and especially including the Nagoya Protocol, to adopt the terminology “indigenous peoples and local communities” as an accurate reflection of the distinct identities developed by those entities since the adoption of the Convention almost 20 years ago
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.
The Permanent Forum requests the Global Environment Facility, as well as other funding mechanisms, to prioritize support for conservation approaches that are led or co-managed by indigenous peoples.
The Permanent Forum recommends that the secretariat of the Convention on Biological Diversity and the International Union for Conservation of Nature actively engage with indigenous organizations, relevant United Nations entities, non-governmental organizations and other actors to develop a set of actions and commitments in relation to conservation and human rights in the context of the post-2020 biodiversity framework and the next World Conservation Congress.
The Forum calls on the Secretariat of the Convention on Biological Diversity to continue its support to the national indigenous peoples biodiversity participatory mechanisms of the small island developing States through the Convention's island and biodiversity project and indigenous peoples program, in the promotion of sustainable biodiversity
A recommendation that the Government of Denmark, in its preparatory work and programme for the fifteenth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, engage indigenous representatives and invite the Chairperson of the Permanent Forum and other members of the Forum to participate.
The Permanent Forum calls on all United Nations agencies and States to support the reclamation of traditional practices and laws leading to global solutions to climate change.
The Permanent Forum calls on States to implement the United Nations Declaration on the Rights of Indigenous Peoples and principles of sustainability and to call on transnational corporations to respect those standards. This applies particularly to highly industrialized States and the transnational corporations that engage in development activities in those States.
The Forum recommends that the International Conference on Chemicals
Management establish an advisory committee of indigenous peoples in its intersessional process for considering the Strategic Approach to International Chemicals Management and the sound management of chemicals and waste beyond 2020.
The Forum recommends that the Secretary-General, through the Economic and Social Council, prepare a report on the implementation of chapter 26 of Agenda 21 and other relevant chapters, such as chapter 36 and 15, that focus on how the Commission on Sustainable Development, in conjunction with secretariats of other environmental bodies (Convention on Biological Diversity, United Nations Framework Convention on Climate Change, United Nations Environment Programme, Global Environment Facility (GEF), United Nations Forum on Forests, UNDP, the Food and Agriculture Organization of the United Nations (FAO), the International Fund for Agricultural Development (IFAD) etc.) are implementing those chapters for indigenous peoples in their work, and that the report be submitted to the Forum at its third session.