The Permanent Forum notes the intention of the members of the North American indigenous caucus to hold a conference on indigenous children and youth in detention, custody, adoption and foster care, and urges members of the caucus to invite members of the Forum, Government representatives and youth representatives to discuss model programmes and effective measures to address the disproportional representation of indigenous children and youth in detention, custody, adoption and foster care.
The Permanent Forum recommends that the World Health Organization (WHO), the Pan American Health Organization (PAHO), the United Nations Children’s Fund (UNICEF), States, non-governmental organizations and indigenous peoples’ organizations join efforts in implementing appropriate expert health-care actions to prevent disastrous disease problems affecting indigenous peoples in voluntary isolation and recent contact, and consider adopting rapid-effect emergency procedures in situations where the health situation is critical, as it is at present in the Javari Valley in Brazil.
The Forum recognizes and applauds other indigenous fellowship programmes, in particular the fellowship programme established and funded by the regular budget of the Office of the United Nations High Commissioner for Human Rights and the newly established fellowship programme of the ILO. Furthermore, the Forum particularly recognizes the capacity-building efforts of the indigenous fellowship programme of the Office and requests that, in order to complement their Geneva based training, the indigenous fellows at the Office should participate, on an annual basis, in the sessions of the Forum. Further consideration should also be given to provide some time for training at the secretariat of the Forum, during non-sessional periods.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights, ILO and UNESCO convene an expert workshop in cooperation with the Permanent Forum on the situation of indigenous peoples in voluntary isolation in order to develop strategies and programmes for the protection of their rights and territories and report to the Permanent Forum thereon at its next session.
The Permanent Forum calls upon the Economic and Social Council, including its youth forum, the high-level political forum on sustainable development, the Commission on the Status of Women and the Commission for Social Development, as well as other relevant United Nations forums, to include representatives of indigenous youth-led organizations in their meetings.
The Forum recommends that Governments and international organizations encourage indigenous peoples to participate fully in the work of reconciliation and truth commissions. The Forum welcomes the contribution of a paper by the Division for the Advancement of Women on the work of the Committee on the Elimination of Discrimination against Women (see E/C.19/2004/CRP.7) and recommends that the Committee enhance its monitoring of the implementation of the Convention on the Elimination of Discrimination against Women regarding indigenous women, and that it prepare and adopt a general comment on indigenous women, with the full participation of indigenous women.
Consistent with articles 7 and 30 of the United Nations Declaration, States should take measures for settlement, protection and security in the post-conflict period, and for the construction of durable and lasting peace, promoting the full and effective inclusion of indigenous peoples, including indigenous women, in any initiative for peace and reconciliation.
The Permanent Forum requests that the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people undertake a study on the rights of urban indigenous peoples and migration, paying particular attention to their ability to exercise and enjoy their economic and social rights, and that the study be considered at the eighth session of the Permanent Forum. The themes that could be considered in the study include cultural identity, equitable access to essential services, the challenges facing indigenous youth and border issues.
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.
The Permanent Forum calls upon all States to ensure that their political institutions and structures are not used as a reason to relieve the State of its responsibility to implement international human rights obligations in relation to the rights of indigenous peoples.
In this regard, the Forum invites the International Organization for Migration (IOM) and the Office of the United Nations High Commissioner for Refugees (UNHCR) to pay special attention to the situation of indigenous peoples and address these issues in accordance with their mandates. The Forum recommends that IOM and UNHCR develop specific guidelines on indigenous migrants and to actively participate in the Inter-Agency Support Group on Indigenous Peoples’ Issues.
In this connection, and in respect of articles 41 and 42 of the Declaration, the Permanent Forum trusts that, at its ninety-eighth session, in 2009, the Conference Committee on the Application of Standards of the International Labour Conference will pay due attention to the cases of violation of ILO Convention No. 169, which have been signalled by the Committee of Experts, in the light of the Declaration, and urges States to respond promptly to the reports of the Committee of Experts.