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 takes note of the study by Elisa Canqui on forced labour and indigenous peoples (E/C.19/2011/CRP.4) and urges Member States, in collaboration with United Nations agencies and regional intergovernmental organizations, to increase their efforts to combat forced labour and human trafficking and to put in place adequate instruments to protect victims, paying particular attention to indigenous peoples and the restoration of victims’ rights.
The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.
The Permanent Forum recommends that agencies, funds and programmes of the United Nations system, in collaboration with indigenous peoples ’ organizations, monitor the high levels of global violence and threats directed at indigenous women human rights defenders. The Forum calls for an immediate halt to the criminalization,
incarceration, intimidation, coercion and assassination of, and death threats to, all indigenous human and environmental rights defenders.
The Forum reiterates the recommendations contained in paragraphs 18 and 19 of the report on its first session:
(a) The Forum calls upon States to adopt the draft United Nations declaration on the rights of indigenous peoples before the end of the Decade;
(b) The Forum encourages States to include representatives of indigenous peoples’ organizations in their delegations to the informal intersessional meeting on the draft United Nations declaration on the rights of indigenous peoples.
The Forum recommends that UNDP establish regional initiatives on indigenous peoples and strengthen further its HURIST program in all regions of the world that include all the countries of each region with an indigenous regional coordinator as is the case in Asia
The Permanent Forum reiterates its position, as stated in the report on its twentieth session (E/2021/43, para. 10), urging Colombia to promote and guarantee the rights of indigenous peoples, in particular by achieving the goals and indicators set out in the “ethnic chapter” of the peace agreement. In this regard, the Permanent Forum wishes to offer its support, within the terms of its mandate, to facilitate dialogues between the Government of Colombia and indigenous peoples.
The Permanent Forum encourages ILO to promote the ratification of the Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169) (Indigenous and Tribal Peoples Convention).
While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum urges other States to provide similar support and urges regional commissions to strengthen their focus on urban indigenous peoples and issues, in particular regarding the implementation of the recommendations contained in the 2006 publication.
The Permanent Forum urges the Governments of Canada and Denmark and the government of Greenland to follow up on and implement the recommendations of the Special Rapporteur subsequent to his country visits in 2023. The Forum recommends that a human rights-based approach be taken when investigating and addressing the practices and impacts of the so-called intrauterine device campaign affecting Inuit women and adolescents in Greenland.
The Permanent Forum recommends that Governments respect the free participation of indigenous representatives in United Nations meetings and activities relevant to them, including the Permanent Forum and other bodies.