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 calls upon States that have not already done so to engage in constructive partnerships with indigenous peoples to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to adopt specific action plans, strategies or other measures that will deliver required financial and technical assistance to indigenous peoples in order for them to achieve and exercise self-determination.
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 recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
Climate change and environmental issues are a major threat to indigenous peoples. The Permanent Forum recommends that Member States recognize indigenous peoples’ rights to use, maintain and control their lands, territories and resources, and develop mechanisms for their inclusion in relevant decision-making processes. The Forum calls upon States to cooperate with indigenous peoples and consider their traditional knowledge in environmental impact assessment procedures and in local, regional and national development plans. The Forum also recommends that States implement inclusive environmental and land management policies, in line with the Declaration.
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 decides to extend the mandate of the Special Rapporteurs on indigenous peoples and corporations, Carlos Mamani Condori, Elisa Canqui Mollo and Pavel Sulyandziga, for one year, and requests them to submit a written report to the Forum at its ninth session, in 2010.
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 invites United Nations bodies with expertise on human rights, cultural rights and the traditional knowledge of indigenous peoples to provide legal and technical comments on the revised draft protocol to the Convention on Biological Diversity on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization for transmission to parties to the Convention for consideration in their final negotiations.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.
The Permanent Forum recommends that OHCHR continue to contribute to strengthening the working relations between the treaty bodies and the three United Nations mechanisms which have specific mandates to address indigenous peoples’ issues in order to enhance compliance with the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, OHCHR could facilitate the participation of the Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Chairperson of the Permanent Forum at the next annual meeting of the chairpersons of the treaty bodies.
The Permanent Forum urges all States to commit to a process, with the participation of indigenous peoples, responding to the country reports of all United Nations special rapporteurs, including:
(a) Providing a written response to the rapporteur’s report, submitted to the Human Rights Council, within six months of the report’s issuance. The response should outline the State process for implementing the recommendations of the report;
(b) Developing and publicly promoting a strategy to implement the recommendations of the report within 12 months of its issuance;
(c) Providing annual updates of the rapporteur’s report detailing the implementation of the strategy until such time as the rapporteur conducts a new visit to the State in question, or until that State undergoes a universal periodic review.