In accordance with international law, the Permanent Forum recommends that all States members of the Organization of American States recognize and respect that the United Nations Declaration constitutes the minimum standards for the survival, dignity and well-being of indigenous peoples of the world, and requests them to ensure that the draft American declaration on the rights of indigenous peoples is consistent with or exceeds the standards affirmed in the United Nations Declaration.
The Permanent Forum welcomes the initiation of a national dialogue to discuss and achieve key constitutional reforms in the field of justice in Guatemala, and encourages the recognition of indigenous justice systems. The Forum urges Guatemala and the private sector, in addition to the World Bank and other international economic institutions, to acknowledge that serious efforts require structural economic and social reforms rather than rapid growth of gross domestic product in order to reverse widespread and growing poverty among the indigenous peoples of Guatemala. Such crucial reforms must ensure more equitable distribution and access to traditional lands for the indigenous peoples of Guatemala, consistent with the rights affirmed in the United Nations Declaration, and on the basis of respect for and legal recognition of their collective rights, including their self-determined development. Furthermore, the Forum calls upon Guatemala to reinforce the effective and full implementation of the Peace Accords.
With reference to article 42 of the United Nations Declaration, the Permanent Forum invites African States, in particular Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Mali, Nigeria and Rwanda, to present, at its sixteenth session, information on the situation of indigenous peoples affected by conflict in those countries.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
In reference to the study by Mr. John and Ms. Dorough on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law, the Permanent Forum recommends that all funds, programmes and specialized agencies of the United Nations system and other intergovernmental forums begin to reform their respective procedural rules, with the full and effective participation of indigenous peoples, with the aim of ensuring compliance and consistency with the human rights affirmed in the Declaration.
States should take effective measures to eliminate violence against indigenous peoples by studying the root causes of conflict and human rights abuses, developing indicators and methodologies for risk assessment and early warning mechanisms and improving national legislation for the administration of justice with regard to the perpetrators of war crimes.