The Permanent Forum welcomes the announcement by New Zealand to endorse the United Nations Declaration on the Rights of Indigenous Peoples and the announcement by the United States of America that it will review its position on the Declaration. It also welcomes the indication by Canada in the 2010 Speech from the Throne that it will take steps to endorse the Declaration. The Forum recommends that the United States and Canada expedite their commitments made to endorse the Declaration
The Permanent Forum recommends that the United Nations system continue to build the capacities of indigenous peoples’ organizations and to develop their knowledge and skills to have their rights respected, protected and fulfilled.
The Permanent Forum decides to hold an international expert group meeting to discuss in greater detail the way in which the Forum should address its mandate under article 42 of the Declaration.
The Permanent Forum recommends that the United States of America grant clemency to Leonard Peltier, who has been imprisoned since 1977 and is now an elderly person.
Mindful of the human rights violations experienced by indigenous peoples, the Permanent Forum encourages States, in particular those in the Pacific region, to recognize and implement the basic fundamental human rights articulated in the Declaration, particularly the right to self-determination.
The Permanent Forum calls upon all member States and United Nations agencies to respond to the annual questionnaire from the secretariat of the Permanent Forum in order to provide information on reliable practices that lead to the full and effective implementation of the Declaration. Further, the Forum recommends that the secretariat of the Permanent Forum include questions that particularly focus on indigenous children and youth.
The Forum recommends that Member States review their constitutions with respect to the recognition of the existence and rights of indigenous peoples, with the effective participation of indigenous peoples
As a result of the dialogue between the expert members of the Permanent Forum and Member States, the Forum recommends that all Member States:
(a) Prepare, for the Forum at its sixteenth session, reports on the implementation of the United Nations Declaration in their countries, with a focus on progress and outstanding issues, in particular in relation to legislative measures;
(b) In recognition of the tenth anniversary of the adoption of the United Nations Declaration, organize activities to commemorate the adoption at various levels, from local to national, including to raise public awareness of the Declaration and the progress achieved.
The Forum endorses the report and recommendations of the three-day international expert group meeting on the theme “Combating violence against indigenous women and girls: article 22 of the United Nations Declaration on the Rights of Indigenous Peoples” (E/C.19/2012/6). The Forum requests that the report form part of the official documentation of the Commission on the Status of Women at its fifty-seventh session, to be held in 2013.
Alarmed at attempts to exclude indigenous peoples of Africa in the application of World Bank Operational Policy 4.10, the Permanent Forum recommends that the World Bank immediately initiate consultations with States and indigenous peoples in Africa as part of its safeguards policy review and ensure the application of safeguards to indigenous peoples of Africa, as directed by articles 19 and 41 of the Declaration.
The Permanent Forum is alarmed by the continuing acts of violence being perpetrated against indigenous peoples by Member States and others. The Forum therefore acknowledges the need for States to establish a monitoring mechanism to address violence against indigenous peoples, including assassinations, assassination attempts and rapes, and intimidation of indigenous peoples in their attempts to safeguard and use their homelands and territories that transcend national borders, including the non recognition of their membership identification and documents and the criminalization of their related activities. Specific attention must be paid to such actions being perpetrated by State and local police, the military, law enforcement institutions, the judiciary and other State-controlled institutions against indigenous peoples.
The lack of effective recognition of the indigenous justice systems by State institutions, as well as the ongoing discrimination against them in the State justice system and inadequate access to redress and reparation, are among the key challenges faced by indigenous peoples around the world. Strengthened support for indigenous justice systems is key to promoting human rights, the rule of law, the achievement of justice for all and the promotion of effective, accountable and inclusive institutions, as set out in Goal 16.