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.
The Permanent Forum denounces the extrajudicial killings of indigenous leaders and activists in several Asian States, as reported by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Special Rapporteur on extrajudicial, summary or arbitrary executions, and urges the concerned countries to investigate these reported cases and to provide redress to the relatives of the victims.
The Permanent Forum recommends to the Human Rights Council that, in the course of a universal periodic review, the situation of indigenous peoples of a country under consideration also be examined.
The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.
The Permanent Forum takes note of the report (E/C.19/2014/8) and recommendations of the expert group meeting, and reiterates and supports the recommendations contained in paragraphs 62, 63, 64, 70 and 72 of the report, as set out below, which are specifically addressed to entities of the United Nations system and States Members of the United Nations.
The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.
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.
Consistent with article 10 of the United Nations Declaration, the Permanent Forum calls upon Member States and human rights institutions to consider examining, in conjunction with the Special Rapporteur on the rights of indigenous peoples and other mandate holders, the forced relocation of indigenous communities.
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.
The Permanent Forum recalls and stresses its earlier recommendation that the Intergovernmental Commission on Human Rights of the Association of Southeast Asian Nations (ASEAN) recognize the human rights of indigenous peoples in the ASEAN region and establish a working group on indigenous peoples. In addition, the Forum urges the South Asian Association for Regional Cooperation to establish a human rights commission and a working group on indigenous peoples.
The Permanent Forum welcomes the participation, at its seventeenth session, of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination and invites the Working Group to conduct a study on private militaries and security companies in extractive industries and agribusiness and their impact on the human and collective rights of indigenous peoples.
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.