The Permanent Forum recommends that Asian States:(a)Adopt the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council on 29 June 2006, before the end of the sixty-first session of the General Assembly;(b)Recognize indigenous peoples constitutionally and legally as peoples, promote legal reform, in particular with regard to the recognition of indigenous peoples’ collective land rights and their customary laws and institutions, which promote diversity and pluralism;(c)Adopt laws regulating the activities of investors and mitigating the negative impact of economic liberalization on the territories of indigenous peoples;(d) Have national laws in conformity with relevant international norms and standards;(e)Establish land commissions or mechanisms that address violations of indigenous peoples’ land rights, facilitate the restitution of alienated land and settle disputes;(f) Establish full transparency regarding projects on indigenous territories by States and corporations, through the implementation of the principles of free, prior and informed consent, in accordance with customary laws and practices of the respective indigenous peoples;(g) Abandon transmigration policies and programmes and prevent illegal migration to indigenous territories.
The Permanent Forum reiterates its concern over environmental violence, in particular the pervasive impacts of such violence on indigenous women and girls. The Forum takes note with appreciation of the recommendations from the third International Indigenous Women’s Symposium on Environment and Reproductive Health, held at Columbia University in New York on 14 and 15 April 2018. The Forum recommends that members of the Inter-Agency Support Group on Indigenous Peoples’ Issues and the relevant special procedures of the Human Rights Council consider ways to address and incorporate the recommendations from that Symposium.
The Permanent Forum heard from many Indigenous women’s organizations and networks, including the national movement of midwives, Nim Alaxik, of Guatemala, on its work for the rights of Indigenous women and girls and their contributions to ensuring access to comprehensive and culturally appropriate health care, including sexual and reproductive health. The Permanent Forum welcomes the 2019 ruling by the Constitutional Court of Guatemala on the promotion of actions that guarantee access to culturally appropriate sexual and reproductive health for women and the rights of midwives as guardians of ancestral knowledge and practices and recommends that the ruling be implemented by the State.
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 recommends that the Governments of Canada and the United States address the border issues, such as those related to the Mohawk Nation and the Haudenosaunee Confederacy, by taking effective measures to implement article 36 of the United Nations Declaration on the Rights of Indigenous Peoples, which states that indigenous peoples divided by international borders have the right to maintain and develop contacts, relations and cooperation with their own members as well as other peoples across borders.
The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
The Permanent Forum reiterates its previous recommendations that those States that have not already done so adopt or endorse, where applicable, the Convention on the Rights of the Child, ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples.
With reference to article 42 of the United Nations Declaration, the Permanent Forum invites African States, in particular Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Mali, Nigeria and Rwanda, to present, at its sixteenth session, information on the situation of indigenous peoples affected by conflict in those countries.