Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.
The Permanent Forum welcomes the work of the Government of Namibia in the development and validation of the white paper on the rights of indigenous peoples, developed with the support of the Department of Economic and Social Affairs. The Forum encourages the Government to take measures to ensure that the white paper is approved and effectively implemented, in cooperation with indigenous peoples in Namibia. Furthermore, the Forum encourages other States, in particular African States, to consider similar measures, consistent with the Declaration.
During its tenth session, the Permanent Forum emphasized that redefining the relationship between indigenous peoples and the State as an important way to understand the doctrine of discovery and a way to develop a vision of the future for reconciliation, peace and justice. To that end, the United Nations Declaration on the Rights of Indigenous Peoples provides a strong human rights framework and standards for the redress of such false doctrines, notably in articles 3, 28 and 37. The Permanent Forum encourages the conduct of the processes of reconciliation “in accordance with the principles of justice, democracy, and respect for human rights, equality, non-discrimination, good governance and good faith”.
The Forum calls upon the European Commission to establish further collaboration with it on indigenous issues.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum encourages the Expert Mechanism on the Rights of Indigenous Peoples and the Human Rights Council to continue the process of addressing rights related to treaties and agreements between indigenous peoples and the United States and Canada, including through the consideration and implementation of the recommendations resulting from the first two United Nations treaty seminars, held in 2003 and 2006, and by taking steps to hold a third seminar, as mandated by the Economic and Social Council, and urges the Expert Mechanism to advance the work on treaties.