Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Permanent Forum recommends that all States that have introduced changes to existing indigenous land management regimes invite the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people to undertake a study of those regimes and assess them against the principles contained in the Declaration on the Rights of Indigenous Peoples.
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
The Permanent Forum recommends that the Human Rights Council mandate the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with the contribution of the United Nations Special Rapporteur on the rights of indigenous peoples, to undertake a study on incarceration, deaths in custody and indigenous peoples
The Permanent Forum reminds States that the implementation of the United Nations Declaration provides a common framework for reconciliation, justice, healing and peace. Each State has a prime responsibility and duty to protect, promote and implement all human rights, consistent with the Charter of the United Nations and international human rights law. Furthermore, all forms of discrimination must be avoided.
The Permanent Forum reiterates the need for States to address the impact of militarization, including suppressing constitutional guarantees, appropriation of land, forcible occupation and displacement, on the land, territorial and other collective rights of indigenous peoples, perpetrated by security forces, including the military, militias and other armed groups.
The Permanent Forum welcomes the work carried out by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in preparation for the 2019 International Year of Indigenous Languages and welcomes and supports the action plan for the International Year that was developed in cooperation with Member States, the Forum, the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples, as well as indigenous peoples and a range of different stakeholders. The Forum calls upon Member States to implement the action plan in partnership with indigenous peoples, respecting the principle of “nothing about us without us”, including the establishment of national steering committees and national action plans for the International Year. States should allocate adequate funding for the successful implementation of the International Year.