The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Forum welcomes and supports Commission on Human Rights decision 2003/117 of 24 April 2003 to hold a seminar on treaties, agreements and other constructive arrangements between indigenous peoples and States, as a follow-up to the United Nations treaty study final report.
E/CN.4/Sub.2/1999/20.
The Permanent Forum recommends that States establish, where it does not already exist, a national dialogue with indigenous peoples on human rights, based on the Declaration.
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.
The Permanent Forum calls upon the Government of the United States of America to comply with the provisions recognized in the Declaration and to ensure the rights of the Great Sioux Nation to participate in decision-making, as set out in article 19 of the Declaration, given that the construction of the Dakota access pipeline will affect their rights, lives and territory. Furthermore, the Forum recommends that the Government of the United States initiate an investigation of alleged human rights abuses by private security and law enforcement officers that occurred during protests to prevent construction of the pipeline.
The Permanent Forum urges Member States to contribute support to make possible the annual UNITAR training programme to enhance the conflict prevention and peacemaking capacities of indigenous peoples’ representatives so as to strengthen indigenous capacity to engage in negotiation, dialogue and peace processes to contribute to sustainable peace.
The Permanent Forum invites the United Nations Global Compact to lead a study on how the human rights of indigenous peoples can be integrated into the model guidance for stock exchanges when reporting on environmental, social and governance information for their market, and report on its progr ess to the Permanent Forum at its twenty-second session, to be held in 2023.
Acknowledging the normative work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum recommends that Member States and WIPO ensure protection against the misappropriation of the intellectual property of indigenous peoples. Member States must also enact laws and adopt policies and mechanisms to protect indigenous peoples’ intellectual property from misappropriation, including the wrongful use of their cultural heritage and traditional knowledge (including traditional knowledge of nature) and traditional cultural expressions (such as oral traditions, rites, literatures, graphic designs, textile designs, traditional sports and games, and visual and performing arts) and the manifestation of indigenous science and technology (including human and genetic resources, seeds and medicines).
The Permanent Forum welcomes the work of the Government of Bangladesh with United Nations country offices to support peace in the Chittagong Hill Tracts. The Permanent Forum further welcomes the ongoing study on the status of implementation of the Chittagong Hill Tracts Peace Accord of 1997 and invites the Government of Bangladesh, with the full and effective participation of indigenous peoples, to report on the results of the study at the twenty-second session of the Permanent Forum, setting a timeframe for its full implementation. The Permanent Forum also calls upon the Government of Bangladesh to continue to address all forms of violence, including enforced disappearances, and sexual violence against women in the Chittagong Hill Tracts committed by law enforcement agencies.
The Permanent Forum recommends that staff in country offices as well as those who work on specific countries from their own headquarters ensure the full participation of indigenous peoples in conducting evaluations under the United Nations Development Assistance Framework, as recommended in the 2004 framework.
The Permanent Forum reiterates its recommendation to ILO to accommodate and guarantee the direct participation of indigenous peoples’ organizations in ILO procedures, in particular those relating to compliance with the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries (Convention No. 107) and the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) and their corresponding supervisory mechanisms. The Forum reiterates its call upon Member States to accede to the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169).
The Permanent Forum recommends that the Special Representative of the Secretary-General on business and human rights and the United Nations Global Compact unite their efforts in cooperation with the Forum, engaging with the private sector on issues related to indigenous peoples, including the promotion of the United Nations Declaration on the Rights of Indigenous Peoples and its implementation.