Building upon the study prepared by members of the Permanent Forum on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with respect to the full enjoyment of human rights and inclusion in development (see E/C.19/2013/6), and in the light of the call in the 2030 Agenda for Sustainable Development to “leave no one behind”, the Forum is concerned that the experiences and rights of indigenous persons with disabilities require further study and examination. In that regard, the Forum calls upon the secretariat of the Convention on the Rights of Persons with Disabilities, as the focal point within the United Nations system on matters relating to disability, to conduct a qualitative study with regard to indigenous persons with disabilities, in all seven regions of the world.
The Permanent Forum recommends that the Executive Office of the Secretary-General urgently set up a meeting between the Permanent Forum and the High-level Panel on United Nations System-wide Coherence in the Areas of Development, Humanitarian Assistance, and the Environment to secure the integration of indigenous peoples’ perspectives into the ongoing process of furthering system-wide coherence.
The Permanent Forum recommends that States recognize the right of indigenous peoples to own, control, use and have access to their forests, and calls on States to reform their laws and policies that deny indigenous peoples that right. The Forum is gravely concerned about the continuing eviction of indigenous peoples from their forests and calls on States and the United Nations system and other intergovernmental organizations to protect and respect the rights of forest-dwelling and forest-dependent indigenous peoples and to provide redress to those whose rights have been violated.
Furthermore, States should strengthen measures, systems and resources to effectively address all forms of violence against indigenous women, such as female genital mutilation; child marriage; sexual abuse; forced labour; modern slavery; domestic, institutional and political violence, including in the context of forced displacement; sexual exploitation; trafficking; armed conflict; and the militarization of indigenous lands and territories.
The Permanent Forum recommends that relevant States with indigenous peoples invite the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples to undertake country visits. The Special Rapporteur should give priority to invitations from those countries where indigenous peoples have expressed concerns about their capacity to fully enjoy and freely exercise their human rights.
The Permanent Forum on Indigenous Issues welcomes the proposal made by the Expert Mechanism on the Rights of Indigenous Peoples in the report on its third session, which encourages OHCHR to hold an international expert seminar on truth and reconciliation processes. This proposal of the Expert Mechanism recognizes the importance of national truth and reconciliation processes for improving relations between States and indigenous peoples and for facilitating strengthened recognition and implementation of the rights of indigenous peoples.
The Permanent Forum recommends that the Organization of American States establish a consultation mechanism, composed of experts from indigenous peoples, as part of the effort to ensure national implementation of the American Declaration on the Rights of Indigenous Peoples, the United Nations Declaration on the Rights of Indigenous Peoples and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights and relevant United Nations agencies and organs establish specific units for indigenous peoples’ issues to contribute to the implementation of the Declaration in accordance with its articles 41 and 42.
The Permanent Forum recommends that the Secretary-General provide adequate human and financial resources for the purpose of meeting the requirements of articles 41 and 42 of the Declaration as they apply to the Permanent Forum.
The Permanent Forum has received information that indigenous peoples who have established community means of communication, such as film-makers and radio hosts, are criminalized and prosecuted for such activities, especially in Latin America. In this regard, the Forum requests parliamentarians to establish legal frameworks that respect the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples and to end such practices.
The Permanent Forum recommends that United Nations treaty bodies and mechanisms, as well as the universal periodic review process, scrutinize the reports and human rights records of States, so as to effectively address rights ritualism. This should include ensuring that States’ claims are systematically compared with the concerns raised by indigenous peoples and civil society.
The Permanent Forum urges that discussions at the forthcoming summit to renew the Amazon Cooperation Treaty Organization, scheduled to be held in Brazil in August 2023, fully involve Indigenous Peoples from the Amazon region in determining a road map that addresses their situation, including cross-border illegal activities and organized crime.