The Permanent Forum is convinced that a declaration on the rights of indigenous peoples will be an instrument of great value through which to advance the rights and aspirations of the world’s indigenous peoples. The Permanent Forum therefore recommends the adoption without amendments of the draft declaration on the rights of indigenous peoples as contained in the proposals of the Chairperson of the working group of the Commission on Human Rights on the draft United Nations declaration on the rights of indigenous peoples (see E/CN.4/2006/79, annex I) by the General Assembly during its sixty-first session in 2006. This would represent a major achievement for the Second International Decade of the World’s Indigenous People.
Furthermore, the Permanent Forum will promote a constructive dialogue with Governments on the achievements, challenges and future action required in relation to indigenous peoples’ issues in each country under the Declaration. Such dialogue will take place periodically and enlist the participation of indigenous organizations and the United Nations system. The discussion will create an enabling environment of cooperation at the national and international levels, aiming at practical results on the ground.
The Forum underlines the importance for country-specific special rapporteurs, thematic special rapporteurs, experts and representatives of the Commission on Human Rights to pay special attention to the situation of indigenous peoples in their respective fields.
The Permanent Forum recommends that the Government of Paraguay should remain firm in its commitment to cooperating with indigenous peoples’ organizations in order to find emergency solutions to the extremely serious situation of the indigenous communities that have been wholly dispossessed of their land, and to implement policies to ensure the reconstitution of their territory.
The Permanent Forum urges the Nordic States to ratify, as soon as possible, the Nordic Saami Convention, which could set an example for other indigenous peoples whose traditional territories are divided by international borders.
The Permanent Forum appreciates the participation and active input of national and regional human rights institutions at its sixteenth session, encourages studies and reports by the national human rights institutions in the promotion and protection of indigenous rights and invites those institutions to present their reports and studies in future sessions.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
The Forum recommends that the United Nations and Member States recognize the cultural rights of indigenous peoples which include the rights to organize oneself freely and to administer one’s own cultural, sports, social and religious institutions. For this purpose, the Forum encourages the United Nations and the relevant specialized agencies to consider establishing an international centre for multicultural and multiracial studies.
The Permanent Forum recommends that the Human Rights Council mandate the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with the contribution of the United Nations Special Rapporteur on the rights of indigenous peoples, to undertake a study on incarceration, deaths in custody and indigenous peoples
The Forum welcomes the participation and perspective of indigenous women and girls with disabilities, recognizes the distinct vulnerability and marginalization that such indigenous individuals encounter as members of an indigenous group, and encourages United Nations agencies, and Governments and organizations, to include their views.
The Permanent Forum welcomes the study of the Expert Mechanism on the Rights of Indigenous Peoples on the right to education and the Expert Mechanism’s Advice No. 1. The Permanent Forum encourages States, indigenous peoples and others to disseminate these texts and incorporate them in national policies and practices.