The Permanent Forum urges the Government of Kenya to implement the recommendations of the African Commission on Human and Peoples’ Rights on the rights of Endorois to the ownership of their ancestral lands, to the restitution thereof and to compensation in that connection.
The Permanent Forum appoints Darío José Mejía Montalvo, a member of the Forum, to conduct a study on the rights of indigenous peoples facing the global energy mix and to present that study to the Forum at its twenty-first session.
Given that the right of indigenous peoples to free, prior and informed consent is recognized and affirmed in the United Nations Declaration on the Rights of Indigenous Peoples, questions have arisen concerning its implementation. In the light of such fundamental concerns, the Permanent Forum has decided to prioritize free, prior and informed consent. Therefore, in the context of future work, the Permanent Forum will explore the potential for the development of guidelines on the implementation of free, prior and informed consent. The Permanent Forum will endeavour to do so in collaboration with the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples, who are specifically mandated to address the human rights of indigenous peoples. This initiative, as well as those referred to immediately below, are fully consistent with articles 38, 41 and 42 of the Declaration.
The Permanent Forum recommends that the Ad Hoc Working Group on Access and Benefit-sharing consider at its next meeting the report of the international indigenous and local community consultation on access and benefit-sharing and the development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).
The Forum recommends that all Member States, with the assistance of United Nations agencies, as necessary develop capacity-building programs, including curricula that have a strong human rights focus, including collective rights of indigenous peoples, across the spectrum of national educational institutions
The Permanent Forum recommends that the Human Rights Council include, where appropriate, the question of treaties, agreements and other constructive arrangements pertaining to indigenous peoples when undertaking its universal periodic review of States members.
The Forum recommends that UNICEF, in cooperation with the ILO, UNESCO and UNHCR, report to the Forum at its fourth session on ways that the United Nations system can assist in capacity-building in that area.
The Permanent Forum recommends that Member States take measures to advance indigenous women’s right to intercultural health through its inclusion in legal frameworks and public policies, as well as programmes to guarantee culturally, geographically and financially appropriate health and social services.
The Permanent Forum acknowledges and accepts the study on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with regard to the full enjoyment of human rights and inclusion in development (E/C.19/2013/6). The Forum recommends that the Committee on the Rights of Persons with Disabilities pay special attention, and take immediate action to respond, to the situation of indigenous persons and peoples with disabilities and encourage the United Nations system to facilitate the translation of the Convention on the Rights of Persons with Disabilities into indigenous and other languages.
The Permanent Forum recommends that national human rights institutions and other relevant national and regional bodies, including the African Commission on Human and Peoples’ Rights, promote the rights of indigenous peoples and monitor the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, and ensure that the international standards on indigenous peoples’ rights are translated into national laws.
The Permanent Forum acknowledges the equity policy of UNICEF and pays particular attention to vulnerable indigenous children and youth in terms of food security, shelter, health and education. UNICEF, in developing its indigenous peoples policy, should consider the standards set out in the United Nations Declaration on the Rights of Indigenous Peoples in relation to indigenous children and youth.
The Forum wishes to express its appreciation to the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples for his participation at the second session of the Forum and for his important contribution thereto. The Forum invites the Special Rapporteur to participate annually at its sessions and to inform the Forum on his work in accordance with his mandate.