The Permanent Forum recommends that the United Nations system conduct a separate consultation with indigenous peoples at the regional and global levels as an integral and critical part of the processes relating to the post-2015 development agenda.
The Permanent Forum calls upon States to ensure that national policies regarding indigenous pastoralism and hunter-gatherers comply with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum welcomes the lively and analytical dialogue that emerged from the half-day discussion on the African region and encourages the United Nations Development Group to facilitate further dialogue between States and indigenous peoples at the African continental level to foster better understanding of the United Nations Declaration on the Rights of Indigenous Peoples and the commitments to indigenous peoples that Member States have made. Within this framework, capacity-building at the national level should be enhanced.
The Permanent Forum welcomes the outcome of the consultation entitled “Realizing the future we want in Latin America and the Caribbean: towards a
post-2015 development agenda”, held in Guadalajara, Mexico, in April 2013 at the initiative of the Government of Mexico, and values the good practice of exchange with other stakeholders, including civil society, the private sector and businesses. The Forum recommends that other Member States follow the same good practice.
The Permanent Forum recommends that the co-chairs of the Open Working Group on Sustainable Development Goals invite members of the Forum and representatives of indigenous peoples, including indigenous women, youth and persons with disabilities, to participate in the dedicated meeting that the co-chairs intend to convene later in 2013 in order to have a comprehensive dialogue and interaction with indigenous peoples.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum recommends that Member States and the United Nations system involved in the processes leading to the development agenda beyond 2015 make concerted and targeted efforts to reach out to, and engage in a truly inclusive process with, indigenous peoples, including indigenous women, youth and persons with disabilities, to ensure that their rights and priorities are included in all processes relating to the definition of the themes and priorities for the post-2015 development agenda and of the sustainable development goals.
While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that relevant United Nations agencies dealing with indigenous peoples’ issues should take action on the inclusion of indigenous persons with disabilities in all their activities, make their websites accessible to persons with disabilities, promote the increased participation of indigenous persons with disabilities in their annual sessions and consider having expert sessions on indigenous persons with disabilities.
The Permanent Forum recommends that, in view of the 2015 deadline for the attainment of the Millennium Development Goals, Member States and the United Nations system make use of the experiences and lessons learned and capture the priorities for development and well-being of indigenous peoples and include indigenous peoples in the implementation, monitoring and evaluation of the Goals.
The Permanent Forum recommends that the Open Working Group on Sustainable Development Goals and the United Nations system ensure the inclusion and meaningful participation of indigenous peoples in all processes relating to the elaboration of the sustainable development goals. In this regard, the Forum recommends that indigenous peoples and their organizations and representatives participate in the dialogues between Member States and civil society during meetings of the Group.
The Permanent Forum requests Member States to establish specific mechanisms at the national level in order to open and sustain dialogue between indigenous peoples and Governments to review the implementation of the recommendations of the Special Rapporteur on the rights of indigenous peoples, the work of the Expert Mechanism on the Rights of Indigenous Peoples and the recommendations of the Forum. The Forum requests United Nations agencies at the national level to facilitate such dialogue and that corresponding national mechanisms be established.