The Permanent Forum supports the initiative of OHCHR to develop guidelines for the protection of peoples in voluntary isolation and initial contact in the Amazon Region and the Gran Chaco, which are currently under consultation with indigenous organizations and the States concerned. The Permanent Forum recommends that, in developing the guidelines, attention be directed to the United Nations Declaration on the Rights of Indigenous Peoples, particularly in terms of the right to self-determination. The organizations in closest contact with those indigenous peoples that remain in voluntary isolation or initial contact should be involved in the elaboration of these guidelines.
The Permanent Forum recommends that adequate and sustained funding and other support be provided to the aforementioned projects of UNDP and ILO and that they be replicated in different regions of the world.
The Permanent Forum recommends that the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertake a study on the implications of national security and anti-terrorist laws, policies and programmes for indigenous peoples and make recommendations on the human rights of indigenous peoples.
Regarding the negotiations taking place at the sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum reiterates the urgent need to develop an instrument that responds to the current lack of adequate protection of traditional knowledge and recognizes indigenous peoples as equal stakeholders and the legitimate holders of their knowledge. The Forum calls upon the Intergovernmental Committee to fast-track the negotiations and to use its core budget to fund indigenous peoples’ participation in the deliberations.
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 Forum recognizes and applauds other indigenous fellowship programmes, in particular the fellowship programme established and funded by the regular budget of the Office of the United Nations High Commissioner for Human Rights and the newly established fellowship programme of the ILO. Furthermore, the Forum particularly recognizes the capacity-building efforts of the indigenous fellowship programme of the Office and requests that, in order to complement their Geneva based training, the indigenous fellows at the Office should participate, on an annual basis, in the sessions of the Forum. Further consideration should also be given to provide some time for training at the secretariat of the Forum, during non-sessional periods.
Furthermore, the Permanent Forum will promote a constructive dialogue with Governments on the achievements, challenges and future action required in relation to indigenous peoples’ issues in each country under the Declaration. Such dialogue will take place periodically and enlist the participation of indigenous organizations and the United Nations system. The discussion will create an enabling environment of cooperation at the national and international levels, aiming at practical results on the ground.
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 States that have not already done so to engage in constructive partnerships with indigenous peoples to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to adopt specific action plans, strategies or other measures that will deliver required financial and technical assistance to indigenous peoples in order for them to achieve and exercise self-determination.
The Permanent Forum notes that the United Nations Declaration on the Rights of Indigenous Peoples is a human rights instrument irrespective of the position of individual States, and the Permanent Forum expects that its endorsement will further
imply its utilization as an effective guide for domestic public policy law and practice regarding indigenous peoples’ rights in consultation and cooperation with indigenous peoples themselves.
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 Permanent Forum recalls its previous recommendations on the progress of the implementation of the Chittagong Hill Tracts Peace Accord and calls upon the Government of Bangladesh to take appropriate steps in this regard on an urgent basis. In particular, the Forum urges the Government to frame rules for the Chittagong Hill Tracts Land Disputes Resolution Commission and to generate ethnically disaggregated data, including for the national census of 2021.