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.
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 hails the adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly. The 13th of September 2007 is a historic day for the United Nations, indigenous peoples and States and marks the beginning of a new era of renewed partnerships for the promotion and protection of the human rights of all indigenous peoples and each indigenous person around the world. The Forum notes its new responsibility under the Declaration and pledges its commitment to making it a living document throughout its work. The Forum thus invites the international community as a whole, States, indigenous peoples, non-governmental organizations, the private sector, academia and the media to promote the Declaration and apply it in their policies and programmes for the improvement of indigenous peoples’ well-being around the world
The Permanent Forum recommends that States incorporate adequate information on the implementation of the Declaration in their core reports to the human rights treaty bodies.
The Permanent Forum urges States to prepare reports on the actions taken to address the recommendations of all United Nations special rapporteurs, in particular the Special Rapporteur on the rights of indigenous peoples, especially the recommendations made at the conclusion of country visits, and encourages States to monitor their progress in this regard, in collaboration with indigenous peoples, United Nations country teams and all other relevant parties. Furthermore, the Forum reiterates that national human rights institutions are encouraged to assist indigenous peoples, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum in the implementation of the Declaration.
The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.
The Permanent Forum urges the Governments of Canada and the United States to respect the right of indigenous nations to determine their own membership, in accordance with article 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
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 Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum urges Member States to contribute support to make possible the annual UNITAR training programme to enhance the conflict prevention and peacemaking capacities of indigenous peoples’ representatives so as to strengthen indigenous capacity to engage in negotiation, dialogue and peace processes to contribute to sustainable peace.
The Permanent Forum welcomes the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, on the international seminars on “Constitutional Reforms, Legislation and Implementation of Laws regarding the Rights of Indigenous Peoples” held in Geneva and Tucson, Arizona, in July and October 2005, respectively (E/CN.4/2006/78/Add.5). Concerned about the status of recommendations and the implementation gap, the Permanent Forum recommends to indigenous peoples’ organizations, non-governmental organizations and interested United Nations organizations and States that they hold United Nations expert seminars regarding the implementation of the Special Rapporteur’s recommendations and request that the results of the meetings be reported to the Permanent Forum at its sixth session.