The Forum takes note of the report of the International Workshop on Methodologies regarding Free, Prior and Informed Consent and Indigenous Peoples, and recommends that the United Nations system and intergovernmental processes and bodies continue to promote the political development and implementation of free, prior and informed consent, taking into account the development perspectives, respect for human rights and juridical pluralism of indigenous peoples
In this regard, the Permanent Forum recommends that Member States and the United Nations system take due account of the outcome document and the conclusions of the World Conference on Indigenous Peoples, to be held in September 2014, given that this process is deeply interrelated with the post-2015 process and will set the context for future work on indigenous peoples’ issues.
The Forum recommends that the precautionary principle underpin the regulation of the introduction of technologies, such as genetically modified crops, including genetic utilization restriction technologies, "the terminator seed technology", and further recommends that Governments ratify and implement the Biosaftey Protocol of the Convention on Biological Diversity
The Permanent Forum is concerned that the ruling of the African Court on Human and Peoples’ Rights on the Ogiek community in the Mau forest in Kenya has still not been implemented and calls on the Government of Kenya to urgently implement a sustainable system of equitable land tenure to prevent any further forced evictions; publish without delay the recommendations of the task force to advise the Government on the implementation of the decision of the African Court on Human and Peoples’ Rights in respect of the rights of the Ogiek community of Mau; enhance the participation of indigenous communities in the sustainable management of forests; and comply with the decision of the Court.
The Permanent Forum recommends that States take steps to establish truth commissions in situations of reported gross violations of the human rights of indigenous peoples. The Forum underlines that the full and effective participation of affected indigenous peoples is a precondition for the establishment and work of truth commissions.
The Permanent Forum calls on the Office of the Attorney General and the district prosecutors’ offices in the Departments of Chuquisaca, Santa Cruz and Tarija to conduct criminal investigations into the events described by the Plurinational State of Bolivia in its report to this session of the Forum and in the subsequent report of the Inter-American Commission on Human Rights.
The Forum recommends that in order to raise further awareness of indigenous peoples and the Millennium Development Goals, the Economic and Social Council High-level Segment to be held from 29 June to 1 July 2005, and the General Assembly Summit to be held in September 2005 allow presentations of recommendations of the Forum at its fourth session on the Millennium Development Goals by the Chairperson of the Forum
The Permanent Forum recommends that OHCHR conduct in 2007, in consultation with indigenous peoples’ organizations, non-governmental organizations, experts, States and multilateral and bilateral agencies, the formulation of guidelines directed to all actors, both governmental and non-governmental, dealing with the respect and protection of the rights of indigenous peoples in voluntary isolation and initial contact.
In regard to the rights of indigenous peoples, the Permanent Forum reiterates its long-standing position of encouraging the United Nations, its organs and specialized agencies, as well as all States, to adopt a human rights-based approach. At the international, regional and national level, the human rights of indigenous peoples are always relevant if such rights are at risk of being undermined. Human rights are indivisible, interdependent, and interrelated. They must be respected in any context specifically concerning indigenous peoples, from environment to development, to peace and security, and many other issues.
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 urges Member States to implement the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the Escazú Agreement.
The Permanent Forum requests that the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people identify the actions of transnational corporations that may breach the inherent rights detailed in the United Nations Declaration on the Rights of Indigenous Peoples and invites them to present a joint report to the Permanent Forum at its eighth session in 2009.