The Permanent Forum recommends that OHCHR aspire to adapt its organizational structures to the post-Declaration era by strengthening secretariat structures devoted to indigenous peoples’ issues.
Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.
The Permanent Forum has received information that indigenous peoples who have established community means of communication, such as film-makers and radio hosts, are criminalized and prosecuted for such activities, especially in Latin America. In this regard, the Forum requests parliamentarians to establish legal frameworks that respect the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples and to end such practices.
The Permanent Forum calls upon all States that have ratified the International Covenant on Economic, Social and Cultural Rights to develop, at national level, in partnership with indigenous peoples, benchmarks, timelines and indicators to measure progressive realization of indigenous human rights. Furthermore, the Permanent Forum supports the efforts to elaborate an optional protocol to allow for the submission of complaints under the International Covenant on Economic, Social and Cultural Rights.
The Permanent Forum has decided to appoint members of the Forum, Megan Davis, Simon William M’Viboudoulou, Valmaine Toki, Paul Kanyinke Sena, Edward John, Álvaro Esteban Pop Ac and Raja Devasish Roy, to conduct a study on national constitutions and the United Nations Declaration on the Rights of Indigenous Peoples, with a view to assessing the nature and extent of the inclusion of indigenous peoples’ human rights in national constitutions, with reference to the rights affirmed in the Declaration, to be submitted to the eleventh session of the Permanent Forum in 2012.
The Permanent Forum urges that discussions at the forthcoming summit to renew the Amazon Cooperation Treaty Organization, scheduled to be held in Brazil in August 2023, fully involve Indigenous Peoples from the Amazon region in determining a road map that addresses their situation, including cross-border illegal activities and organized crime.
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 Permanent Forum recommends that the Human Rights Council include the United Nations Declaration on the Rights of Indigenous Peoples as a normative basis for universal periodic review.
The Permanent Forum recommends that the ASEAN Intergovernmental Commission on Human Rights recognize the human rights of indigenous peoples in the ASEAN declaration on human rights and establish a working group on indigenous peoples. In addition, the Forum urges the South Asian Association for Regional Cooperation to establish a human rights commission and a working group on indigenous peoples.
The Permanent Forum notes with concern the slow progress made in the negotiations on the final protocol on access and benefit-sharing. The Permanent Forum reiterates its requests to the parties to the Convention to take into account the United Nations Declaration on the Rights of Indigenous Peoples in the negotiation, adoption and implementation of the access and benefit-sharing protocol.
The Forum recommends that all Member States, with the assistance of United Nations agencies, as necessary develop capacity-building programs, including curricula that have a strong human rights focus, including collective rights of indigenous peoples, across the spectrum of national educational institutions