The Permanent Forum recommends that the Special Rapporteur on the human rights of migrants pay special attention to the vulnerability of urban and migrant indigenous persons.
The Permanent Forum welcomes the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, on the international seminars on “Constitutional Reforms, Legislation and Implementation of Laws regarding the Rights of Indigenous Peoples” held in Geneva and Tucson, Arizona, in July and October 2005, respectively (E/CN.4/2006/78/Add.5). Concerned about the status of recommendations and the implementation gap, the Permanent Forum recommends to indigenous peoples’ organizations, non-governmental organizations and interested United Nations organizations and States that they hold United Nations expert seminars regarding the implementation of the Special Rapporteur’s recommendations and request that the results of the meetings be reported to the Permanent Forum at its sixth session.
The Forum recommends that all States install gender-sensitive action plans and independent self-reporting mechanisms that give particular attention to indigenous peoples, with the aim of protecting victims, prosecuting perpetrators and preventing human trafficking and related serious exploitation in all its forms, in accordance with the United Nations Convention against Transnational Organized Crime; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, both supplementing the United Nations Convention against Transnational Organized Crime; and the Convention on the Rights of the Child.
Indigenous peoples lack recognition, and face poor implementation of their
rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member
States of their duty to protect.
The Permanent Forum recommends that the relevant treaty bodies take into account the Declaration and urges States to include information regarding its implementation in their reports to the universal periodic review of the Human Rights Council.
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.
In reference to the study by Mr. John and Ms. Dorough on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law, the Permanent Forum recommends that all funds, programmes and specialized agencies of the United Nations system and other intergovernmental forums begin to reform their respective procedural rules, with the full and effective participation of indigenous peoples, with the aim of ensuring compliance and consistency with the human rights affirmed in the Declaration.
The Permanent Forum also recommends that the Commission on the Status of Women include in its agenda a specific focus on Indigenous women and girls to identify best practices and guide Member States in implementing general recommendation No. 39.
The Permanent Forum also notes the International Expert Group Meeting on Urban Indigenous Peoples and Migration, held in Chile in March 2007, and expresses its appreciation to the Government of Canada for providing funding to the Economic Commission for Latin America and the Caribbean for hosting the event. It also recommends that States, United Nations and civil society organizations and other stakeholders contribute to the implementation of the recommendations contained in the above-mentioned publication.
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.
The Permanent Forum invites Member States to fully implement recommendations made by the Special Rapporteur on the rights of indigenous peoples following her or his country visits.
The Permanent Forum recommends that States incorporate adequate information on the implementation of the Declaration in their core reports to the human rights treaty bodies.