The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
Owing to the particular vulnerability of indigenous peoples in conflict situations, the Permanent Forum recommends that the Department of Peacekeeping Operations of the Secretariat and regional peacekeeping forces factor the protection of indigenous peoples into analysis, planning and guidance on the protection of civilians.
The Forum recommends that courts and judicial bodies take urgent step to ensure the protection of indigenous peoples from threats of the use of physical violence by Governments or paramilitary groups controlled by Governments and non-State actors
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.
The Permanent Forum urges all States to commit to a process, with the participation of indigenous peoples, responding to the country reports of all United Nations special rapporteurs, including:
(a) Providing a written response to the rapporteur’s report, submitted to the Human Rights Council, within six months of the report’s issuance. The response should outline the State process for implementing the recommendations of the report;
(b) Developing and publicly promoting a strategy to implement the recommendations of the report within 12 months of its issuance;
(c) Providing annual updates of the rapporteur’s report detailing the implementation of the strategy until such time as the rapporteur conducts a new visit to the State in question, or until that State undergoes a universal periodic review.
The Permanent Forum requests that UNICEF design, in partnership with other relevant United Nations agencies, a protocol for emergency situations resulting from natural disasters to ensure that, in cases of emergency, there are no violations of the human rights of indigenous peoples, especially indigenous youth, children and women, owing to forced relocation.
The Permanent Forum recommends that all States with indigenous peoples review their legislation, policies and programmes in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and the Programme of Action for the Second International Decade of the World’s Indigenous People.
The Permanent Forum recommends that Governments of member States adopt in relevant national legislation the principle of free, prior and informed consent of indigenous peoples when involving their territories, lands and natural resources.
Furthermore, the Permanent Forum urges those States that have abstained to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.