The Permanent Forum invites members of all United Nations human rights treaty bodies, in particular the Committee on the Rights of the Child, to attend the annual sessions of the Permanent Forum, as observers, with the objective of increasing awareness about the distinct human rights and cultural contexts of indigenous peoples so as to enhance their work in relation to indigenous peoples and the Declaration.
The Constitution of Nepal has provisions for special, protected and autonomous regions for Indigenous Peoples. The Permanent Forum welcomes further progress towards realizing the provisions of the Constitution, including by considering the recommendations of the Committee on the Elimination of Racial Discrimination and of the Committee on the Elimination of Discrimination against Women to Nepal in 2018 on respect for Indigenous Peoples’ rights to their traditional lands and resources and to self-determination.
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum recommends that intergovernmental organizations such as the Commonwealth Secretariat and the Secretariat of the Ibero-American Summit, in cooperation with indigenous peoples, establish a working group to promote the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Plan of Action of the Second International Decade of the World’s Indigenous People.
Consistent with article 7 of the United Nations Declaration, the Permanent Forum recommends that the Inter-American Commission on Human Rights urgently establish an independent international commission to investigate the assassination of Berta Cáceres and Nelson Garcia of the Lenca people of Honduras.
The Permanent Forum calls on States to enter into discussions with indigenous peoples whose traditional lands are now incorporated in protected areas, with a view to reaching binding agreements that will not only acknowledge the legitimate interests of wildlife conservation but also recognize and guarantee the rights of those communities under articles 8 (2), 18, 19, 26 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Forum urges indigenous organizations to make more effective use of existing international human rights monitoring instruments, such as the Committee on the Elimination of Discrimination against Women, and to bring communications to their attention regarding claims of violence of different forms against indigenous women, to ensure States take steps to end the persistent and unaddressed violence, including murders and disappearances of indigenous women.
The Permanent Forum recommends that Canada operationalize the Declaration by passing Bill C-262 (United Nations Declaration on the Rights of Indigenous Peoples Act) as a significant step towards reconciliation.
The Permanent Forum notes the progress made by the UNDP Regional Initiative on Indigenous Peoples’ Rights and Development and the ILO Programme to Promote ILO Convention No. 169 (PRO-169) projects in the promotion and protection of the rights of indigenous peoples. The Forum welcomes the decision by UNDP to establish a similar programme in Latin America and calls on UNDP to expand its activities in this manner in Africa.
The Forum recommends that Governments:
(a) Respect the fundamental rights of indigenous peoples, in particular women and children, and ensure that they are able to exercise these rights in accordance with international human rights standards;
(b) Include relevant information on the rights of indigenous peoples, in particular indigenous women, in the reports presented to the Committee on the Elimination of All Discrimination against Women and other relevant human rights bodies;
(c) Create mechanisms to ensure access to legal processes, especially for indigenous women, to enable them to take advantage of available juridical instruments including free legal aid, in cases of violations of their fundamental rights;
(d) Encourage the appointment of qualified indigenous women to decision-making positions in the areas of administration and public service.
Combat, within an appropriate legal framework, and link with Millennium Development Goals, violence against women, including forced prostitution and trafficking of women and girls as well as domestic violence
The Permanent Forum emphasizes that achieving the Sustainable Development Goals is not possible without fulfilling the rights of indigenous peoples to lands, territories and resources. The Forum thus calls upon States to include the recognition of customary rights or tenure of indigenous peoples to their lands and resources under target 3 of Sustainable Development Goal 2, which calls for secure and equal access to land.