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 Permanent Forum also notes the number of interventions by indigenous peoples alarmed at the denial of their right to free, prior and informed consent in relation to extractive industries and other forms of large- and small-scale development. Therefore, the Permanent Forum recommends that States and international financial and aid institutions systematically monitor, evaluate, assess and report on how free, prior and informed consent has or has not been recognized and applied with respect to the lands, territories and resources of the indigenous peoples concerned.
The Permanent Forum recommends that Member States take measures to advance indigenous women’s right to intercultural health through its inclusion in legal frameworks and public policies, as well as programmes to guarantee culturally, geographically and financially appropriate health and social services.
The Permanent Forum urges States to recognize and protect indigenous peoples’ cultural right to water and, through legislation and policy, to support the right of indigenous peoples to hunt and gather food resources from waters used for cultural, economic and commercial purposes. This is consistent with article 25 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum thanks the Government of Colombia for its support during the Forum mission to Colombia and requests that the Government, the United Nations country team and the United Nations agencies involved in the mission implement the recommendations contained in the mission report (E/C.19/2011/3) through consultation and full collaboration with the indigenous peoples concerned. The Permanent Forum intends to assess the implementation of the recommendations at its eleventh session.
The Permanent Forum takes note of the study by Elisa Canqui on forced labour and indigenous peoples (E/C.19/2011/CRP.4) and urges Member States, in collaboration with United Nations agencies and regional intergovernmental organizations, to increase their efforts to combat forced labour and human trafficking and to put in place adequate instruments to protect victims, paying particular attention to indigenous peoples and the restoration of victims’ rights.
Given that the right of indigenous peoples to free, prior and informed consent is recognized and affirmed in the United Nations Declaration on the Rights of Indigenous Peoples, questions have arisen concerning its implementation. In the light of such fundamental concerns, the Permanent Forum has decided to prioritize free, prior and informed consent. Therefore, in the context of future work, the Permanent Forum will explore the potential for the development of guidelines on the implementation of free, prior and informed consent. The Permanent Forum will endeavour to do so in collaboration with the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples, who are specifically mandated to address the human rights of indigenous peoples. This initiative, as well as those referred to immediately below, are fully consistent with articles 38, 41 and 42 of the Declaration.
The Permanent Forum welcomes the study on indigenous peoples and corporations that examined existing mechanisms and policies related to corporations and indigenous peoples and identified good practices. The Forum recommends that best practices of the application of the right of free, prior and informed consent regarding corporations and indigenous peoples be documented and shared.
The Permanent Forum on Indigenous Issues recommends that Member States implement precautionary measures and recommendations provided by the
Inter-American Commission on Human Rights, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum, to prevent irreparable harm to indigenous peoples, their authorities and indigenous organizations.
The Permanent Forum urges States to increase the provision of funding to indigenous peoples and communities for water and wastewater systems in order to improve the quality of drinking water and wastewater infrastructure, as well as address water pollution and degradation in indigenous communities.
Since the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007, some Governments have taken measures to incorporate into their national or domestic legislation, recognition of and respect for the human rights of indigenous peoples. However, in most regions of the world, implementation of the Declaration remains a big challenge. The Permanent Forum on Indigenous Issues welcomes the reports of States and United Nations agencies on respective initiatives to implement the Declaration, but draws attention to the serious implementation gaps.
The Permanent Forum has decided to appoint members of the Forum, Megan Davis, Simon William M’Viboudoulou, Valmaine Toki, Paul Kanyinke Sena, Edward John, Álvaro Esteban Pop Ac and Raja Devasish Roy, to conduct a study on national constitutions and the United Nations Declaration on the Rights of Indigenous Peoples, with a view to assessing the nature and extent of the inclusion of indigenous peoples’ human rights in national constitutions, with reference to the rights affirmed in the Declaration, to be submitted to the eleventh session of the Permanent Forum in 2012.