The Permanent Forum is concerned by the killings, violence and harassment targeted at indigenous human rights defenders, which are also frequently committed with impunity. The Permanent Forum is concerned that, despite international condemnation, these criminal acts of violence persist, especially in a small number of countries in South and Central America, Africa and Asia.
The Permanent Forum recommends that Paraguay should propose the negotiation of international agreements for protection of the rights of indigenous peoples with the other States of the Chaco region — the Plurinational State of Bolivia, Argentina and Brazil — and particularly with the Plurinational State of Bolivia with a view to the latter’s development of additional policies aimed at the freeing of individuals, the recovery of land and the rebuilding of peoples.
The Permanent Forum strongly urges Member States to uphold the linguistic rights of indigenous peoples.
The Permanent Forum takes note with concern of the situation of indigenous peoples of the Sahel and other parts of Africa, where a number of factors, including climate change, are having a devastating impact on economic development and human security. The lack of recognition of the collective rights of these peoples has created fertile ground for their loss of territories and resources and the emergence of complex forms of conflict, including violent extremism. The Forum calls on the Working Group on Indigenous Populations/Communities in Africa of the African Commission on Human and Peoples’ Rights to prepare recommendations for the consideration of the African Union to address this situation, in partnership with the Economic Commission for Africa and other regional bodies.
The Permanent Forum recommends that the annual report of OHCHR to the Permanent Forum provide a summary of relevant reports, decisions and recommendations of the Human Rights Council, its subsidiary bodies and special procedures, as well as the universal periodic review working group, United Nations treaty bodies and other relevant United Nations reports and conferences.
The Forum expresses its appreciation to the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples for their participation at its third session, and recommends that they pay special attention to the factors contributing to violence against indigenous women, especially domestic violence and sexual abuse.
The Permanent Forum recommends that Asian States:(a)Adopt the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council on 29 June 2006, before the end of the sixty-first session of the General Assembly;(b)Recognize indigenous peoples constitutionally and legally as peoples, promote legal reform, in particular with regard to the recognition of indigenous peoples’ collective land rights and their customary laws and institutions, which promote diversity and pluralism;(c)Adopt laws regulating the activities of investors and mitigating the negative impact of economic liberalization on the territories of indigenous peoples;(d) Have national laws in conformity with relevant international norms and standards;(e)Establish land commissions or mechanisms that address violations of indigenous peoples’ land rights, facilitate the restitution of alienated land and settle disputes;(f) Establish full transparency regarding projects on indigenous territories by States and corporations, through the implementation of the principles of free, prior and informed consent, in accordance with customary laws and practices of the respective indigenous peoples;(g) Abandon transmigration policies and programmes and prevent illegal migration to indigenous territories.
The Permanent Forum welcomes the work of the Government of Bangladesh with United Nations country offices to support peace in the Chittagong Hill Tracts. The Permanent Forum further welcomes the ongoing study on the status of implementation of the Chittagong Hill Tracts Peace Accord of 1997 and invites the Government of Bangladesh, with the full and effective participation of indigenous peoples, to report on the results of the study at the twenty-second session of the Permanent Forum, setting a timeframe for its full implementation. The Permanent Forum also calls upon the Government of Bangladesh to continue to address all forms of violence, including enforced disappearances, and sexual violence against women in the Chittagong Hill Tracts committed by law enforcement agencies.
The Permanent Forum takes note of the study by Elisa Canqui on forced labour and indigenous peoples (E/C.19/2011/CRP.4) and urges Member States, in collaboration with United Nations agencies and regional intergovernmental organizations, to increase their efforts to combat forced labour and human trafficking and to put in place adequate instruments to protect victims, paying particular attention to indigenous peoples and the restoration of victims’ rights.
The Permanent Forum recommends that FAO and the International Fund for Agricultural Development (IFAD) provide special attention and support to food sovereignty and security concerns of indigenous peoples through thematic studies, the adoption of participatory methodologies, and technical and financial assistance.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights, the United Nations Institute for Training and Research and other relevant United Nations agencies and offices provide necessary information and training on the universal periodic review process for and with indigenous peoples.
The Permanent Forum was presented with horrific testimonies of Indigenous children incarcerated in prisons and other holding facilities. The Permanent Forum reminds Member States to fulfil their obligations under the Convention on the Rights of the Child in relation to the arrest, detention, or imprisonment of a child. No child should be in prison. In that regard, the Permanent Forum notes the finding in 2022 of the Supreme Court of Western Australia that the extensive solitary confinement and significant reduction in liberty of children, primarily Aboriginal children, was unlawful. The Permanent Forum calls upon Australia to respect the Court decision and remove its reservation to article 37 of the Convention on the Rights of the Child. The Permanent Forum recommends that Member States review and reform their child protection policies and systems to prevent undue removal of Indigenous children from their families and communities.