The Permanent Forum acknowledges the Ibero-American Action Plan for the Implementation of the Rights of Indigenous Peoples of 2018 and the establishment of an indigenous peoples’ regional observatory, led by the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean, as a tool to measure the progress made in implementing the Declaration. In addition, the Forum encourages Member States and the United Nations system to strengthen cooperation with the Fund, considering its fundamental role in the region in processes of dialogue and consultation between States and indigenous peoples.
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 is concerned by the killings, violence and harassment targeted at indigenous human rights defenders, which are also frequently committed with impunity. The Permanent Forum is concerned that, despite international condemnation, these criminal acts of violence persist, especially in a small number of countries in South and Central America, Africa and Asia.
The Permanent Forum recommends that the Government of Paraguay should remain firm in its commitment to cooperating with indigenous peoples’ organizations in order to find emergency solutions to the extremely serious situation of the indigenous communities that have been wholly dispossessed of their land, and to implement policies to ensure the reconstitution of their territory.
The Permanent Forum suggests that the Human Rights Committee also interpret the International Covenant on Civil and Political Rights taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. In particular, the Committee should review its General Comment No. 12 (1984) on the right to self-determination (article 1 of the Covenant) and No. 23 (1994) on the rights of persons belonging to minorities (article 27 of the Covenant) taking into account article 3 and other relevant provisions of the Declaration. In addition, in accordance with the terms of General Comment No. 12, the Committee should request State parties to the Covenant to report on their compliance with their obligations regarding the right of all peoples, including indigenous peoples, to self-determination and related rights. The Committee should request that State parties prepare the relevant sections of their reports on the implementation of the Covenant in consultation and cooperation with indigenous peoples.
The Permanent Forum recommends that the Human Rights Council and the Committee on Economic, Social and Cultural Rights investigate the possibility of the development and acceptance of general recommendations relating to the right of indigenous peoples to self-determination by securing their access to their ancestral lands, territories and natural resources.
The Permanent Forum urges States that have been recommended by the universal periodic review to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), to do so
Furthermore, the Permanent Forum urges those States that have abstained to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum affirms that the United Nations Declaration on the Rights of Indigenous Peoples will be its legal framework. The Permanent Forum will therefore ensure that the Declaration is integrated in its own recommendations on the seven substantive mandated areas — economic and social development, environment, health, education, culture, human rights and the implementation of the Declaration — as well as in the Forum’s work under the special theme for each session and in its ongoing themes and priorities.
The Permanent Forum acknowledges the continuing negotiations between the Nordic States and the Sami peoples towards the adoption of a Nordic Sami convention. The Forum recommends that the minimum international human rights standards contained in the United Nations Declaration on the Rights of Indigenous Peoples be the framework for all negotiations concerning the convention and the harmonizing of Sami rights within Nordic countries. It urges Nordic States to recognize and respect the Sami peoples’ right to self-determination, to determine their own identity or membership of their institutions in accordance with their customs and their right not to be subjected to forced assimilation, consistent with articles 8 and 33 of the Declaration, the conclusions and recommendations of the Special Rapporteur on the rights of indigenous peoples and the Committee on the Elimination of Racial Discrimination (see CERD/C/FIN/CO/19, para. 13).
The Permanent Forum urges States to prepare reports on the actions taken to address the recommendations of all United Nations special rapporteurs, in particular the Special Rapporteur on the rights of indigenous peoples, especially the recommendations made at the conclusion of country visits, and encourages States to monitor their progress in this regard, in collaboration with indigenous peoples, United Nations country teams and all other relevant parties. Furthermore, the Forum reiterates that national human rights institutions are encouraged to assist indigenous peoples, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum in the implementation of the Declaration.
The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers.