The Permanent Forum notes the increasing operational activity of extractive industries and other large-scale development projects, including land grabbing, which is taking place on or near the territories of indigenous peoples in many African States, often without the involvement of indigenous peoples and without their free, prior and informed consent. The Forum recommends that African States must respect the United Nations Declaration on the Rights of Indigenous Peoples, in particular the right of indigenous peoples to free, prior and informed consent.
The Permanent Forum is concerned that legal obligations and commitments and indigenous peoples’ treaties, agreements and other constructive arrangements with States are routinely denied and violated by States. With regard to interventions by indigenous peoples on unresolved land rights, including the Six Nations of the Grand River and others on which the Forum has made specific recommendations in the past, the Forum calls upon States to fairly and equitably redress the long-standing unresolved land rights issues through good-faith negotiations, consistent with the United Nations Declaration and without extinguishing indigenous peoples’ land rights.
The Permanent Forum is concerned that, in their efforts to achieve the Sustainable Development Goals, Member States are not complying with the Declaration. In one case, the Committee on the Elimination of Racial Discrimination requested that Norway temporarily suspend the ongoing construction of the Fosen Vind onshore wind power project, which negatively affects the reindeer herding of the South Sami people. The Government of Norway, having concluded that its administrative and legal processes were sufficient, did not implement the interim measures. The Forum urges Member States to respect and comply with decisions made by the United Nations treaty bodies.
The active participation of indigenous peoples and indigenous organizations should be ensured when matters affecting their rights are discussed by the Human Rights Council and any subsidiary bodies or processes that it decides to establish.
The Permanent Forum recommends that OHCHR take a leading role in ensuring that United Nations country teams undertake their policies or programmes affecting indigenous peoples in cooperation with indigenous peoples’ representatives and organizations.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
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 welcomes the recommendation to establish a voluntary international mechanism to receive and consider communications from indigenous peoples specifically concerning their claims to, or violations of, their rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. This recommendation deserves further elaboration by indigenous peoples and others concerned. The Forum takes note of the mandate of the Special Rapporteur on the rights of indigenous peoples in this regard.
Foster the training of indigenous women in order to gain leadership skills to become community advocates and defenders for indigenous women's rights to achieve gender equity
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 Durban Review Conference welcomed the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, which should be used to combat racism against indigenous peoples. The Permanent Forum on Indigenous Issues decides to have a half-day session on the theme of “Addressing the elimination of racism against indigenous peoples”. This session will be held during the 2011 meeting of the Permanent Forum.
The Permanent Forum calls the attention of States to the need to create or strengthen national bodies with a mandate for the protection of the rights and interests of indigenous peoples in line with the Declaration. The Forum notes the efforts of certain States to create institutions for the rights and interests of indigenous peoples as Government bodies, including ombudsmen who deal with issues and situations regarding the protection of the rights and interests of indigenous peoples. It recommends that other States draw upon such experiences which highlight the promotion and protection of the rights of indigenous peoples.