The Permanent Forum recommends that all States apply the principles of general comment No. 11 (2009) of the Committee on the Rights of the Child, entitled “Indigenous children and their rights under the Convention”.
The Permanent Forum encourages ILO to promote the ratification of the Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169) (Indigenous and Tribal Peoples Convention).
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 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 Permanent Forum welcomes efforts made by UN-Women, in the preparation of the first global report on indigenous women and girls, to highlight progress in the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and prospects for the implementation of the Sustainable Development Goals as they relate to indigenous women and girls, including in matters related to informal work, migration and working conditions. The Forum recommends that UN-Women continue this work in close cooperation with indigenous women’s organizations.
The Permanent Forum recommends that Governments respect the free participation of indigenous representatives in United Nations meetings and activities relevant to them, including the Permanent Forum and other bodies.
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 Permanent Forum commends OHCHR for conducting training sessions on the rights of indigenous peoples for its staff in a number of Asian and African countries. The Permanent Forum recommends that OHCHR continue to expand such training and capacity-building efforts for its staff, both at headquarters and in country teams in all regions.
The Permanent Forum recommends that United Nations entities, including the Inter-Agency Support Group on Indigenous Peoples’ Issues, take effective measures to support the promotion of indigenous languages and the successful implementation of the goals and objectives of the International Year, including in activities related to the implementation of the 2030 Agenda for Sustainable Development, the systemwide action plan on the rights of indigenous peoples, the celebration of international days and other processes.
The Permanent Forum recommends that national human rights institutions and commissions address indigenous peoples’ issues and include indigenous experts as members of such bodies.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.