The Permanent Forum urges the Governments of Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia regions to implement international standards and norms on the rights of indigenous peoples and ensure their rights to lands, territories and resources, in particular article 20 of the Declaration. This includes recognizing reindeer herders’ use and management of grazing land and use of necessary biological resources by hunters, fishers and foragers.
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.
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
Many indigenous peoples described situations where their human rights were being impacted by large-scale infrastructure projects, natural resource extraction and industrial agriculture activities in their territories without their free, prior and informed consent. The Permanent Forum received information to that effect from the Shuar, Sapara, Maasai and Ogaden peoples, among others. The Forum is concerned, in particular, by cases where it appears that the interests of investors are better protected than the rights of indigenous peoples. It reiterates that States and the private sector must respect the human rights of indigenous peoples by ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights.
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 recommends that, during its June 2010 session, the Committee on the Application of Standards of the International Labour Conference follow up on the serious situations of violations of ILO Convention C169 mentioned in the relevant previous observations of the Committee of Experts on the Application of Conventions and Recommendations, as well as its own 2009 conclusions regarding the implementation of the Convention.
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 welcomes the progress made towards developing plans to realize the United Nations Declaration on the Rights of Indigenous Peoples in Canada and New Zealand. The Permanent Forum invites Canada and New Zealand to present their final plans on constructive cooperation at the twenty-second session of the Permanent Forum, to be held in 2023.
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.
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), and given that the situation of the indigenous peoples of the Chittagong Hill Tracts remains a matter of concern, the Forum encourages the Government of Bangladesh to allocate sufficient human and financial resources and set a time frame for the full implementation of the Accord.
The Forum welcomes the nomination of the High Commissioner, Justice Louise Arbor, and recommends that she convene a meeting with the Forum members.
The Permanent Forum acknowledges the organization of the World Indigenous Games, held in Brazil in 2015 and in Canada in 2017, which illustrated and highlighted, among others, articles 31 and 43 of the Declaration. The Forum welcomes the agreement by indigenous peoples from various regions to hold the third World Indigenous Games, in 2020. It encourages Member States and United Nations entities to support the preparations for the organization of the third World Indigenous Games and other indigenous-led sport initiatives at all levels.