The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
In October 2008, a Committee on Corporate Social Responsibility was established by under the Ministry of Employment and the Economy. The Committee is responsible for encouraging Finnish enterprises to follow all national and international regulations and standards. Also, the Committee will act as the National Contact Point for complaints concerning the inappropriate behaviour of the enterprises within the meaning of the OECD guidelines referred to above under Recommendation 15.
The Permanent Forum recommends to ILO and its Governing Body that a technical expert meeting be organized to consider the drafting of a recommendation to supplement the Indigenous and Tribal Peoples Convention.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
The Forum calls upon the United Nations Development Program to develop an indigenous peoples-specific development index by country to take into account the social conditions and human rights situation of indigenous peoples
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).
The Permanent Forum requests that UNICEF design, in partnership with other relevant United Nations agencies, a protocol for emergency situations resulting from natural disasters to ensure that, in cases of emergency, there are no violations of the human rights of indigenous peoples, especially indigenous youth, children and women, owing to forced relocation.
The Forum recommends that the relevant United Nations entities, in particular the Office of the United Nations High Commissioner for Human Rights, the Department of Economic and Social Affairs, in particular its Division for the Advancement of Women, UNICEF, UNIFEM, the Department of Public Information and ILO:
(a) Encourage the dissemination of information in indigenous languages at the local level, concerning the rights of indigenous peoples, especially indigenous women;
(b) Encourage and support the training of indigenous women in human rights and the rule of law;
(c) Provide technical assistance to governments to establish the fundamental rights of indigenous peoples, especially indigenous women.
The Permanent Forum encourages APG to continue to defend in a cooperative and constructive manner, the principles of self-determination and free, prior and informed consent in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, which the Plurinational State of Bolivia has incorporated into its domestic law and applied through its Constitution
The Permanent Forum recommends that all States Parties to International Labour Organization (ILO) Convention No. 169 implement it by training their leading public officials/civil servants to respect and fulfil its provisions. It is crucial that indigenous peoples be fully informed of the consequences of the use and exploitation of natural resources in their lands and territories through consultations, under the principle of free, prior and informed consent, with indigenous peoples concerned. Through free, prior and informed consent, future conflicts can be avoided and the full participation of indigenous peoples in consultation mechanisms, environmental impact assessments and sociocultural impact assessments can be ensured.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.