The Permanent Forum recommends that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.
The Permanent Forum calls upon all States that have ratified the International Covenant on Economic, Social and Cultural Rights to develop, at national level, in partnership with indigenous peoples, benchmarks, timelines and indicators to measure progressive realization of indigenous human rights. Furthermore, the Permanent Forum supports the efforts to elaborate an optional protocol to allow for the submission of complaints under the International Covenant on Economic, Social and Cultural Rights.
The Permanent Forum recommends that the United Nations system continue to build the capacities of indigenous peoples’ organizations and to develop their knowledge and skills to have their rights respected, protected and fulfilled.
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.
The Permanent Forum recommends that the Human Rights Council include the United Nations Declaration on the Rights of Indigenous Peoples as a normative basis for universal periodic review.
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 recommends that the ASEAN Intergovernmental Commission on Human Rights recognize the human rights of indigenous peoples in the ASEAN declaration on human rights and establish a working group on indigenous peoples. In addition, the Forum urges the South Asian Association for Regional Cooperation to establish a human rights commission and a working group on indigenous peoples.
The Forum recommends that all Member States, with the assistance of United Nations agencies, as necessary develop capacity-building programs, including curricula that have a strong human rights focus, including collective rights of indigenous peoples, across the spectrum of national educational institutions
Indigenous peoples lack recognition, and face poor implementation of their
rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member
States of their duty to protect.
National human rights institutions are encouraged to work with indigenous peoples to develop strategies to protect and provide support to indigenous human rights defenders.
The Permanent Forum is alarmed by the continuing acts of violence being perpetrated against indigenous peoples by Member States and others. The Forum therefore acknowledges the need for States to establish a monitoring mechanism to address violence against indigenous peoples, including assassinations, assassination attempts and rapes, and intimidation of indigenous peoples in their attempts to safeguard and use their homelands and territories that transcend national borders, including the non recognition of their membership identification and documents and the criminalization of their related activities. Specific attention must be paid to such actions being perpetrated by State and local police, the military, law enforcement institutions, the judiciary and other State-controlled institutions against indigenous peoples.
The Permanent Forum recommends that States ensure that the territories of indigenous peoples in Asia be free of State military interventions and that military bases, camps and training centres established in indigenous territories without the free, prior and informed consent of indigenous peoples be removed immediately, consistent with articles 19 and 30 of the Declaration.