According to articles 25 to 36 of the Declaration, States shall uphold the right to the free, prior and informed consent of indigenous peoples and avoid, minimize and adjudicate disputes concerning land, territory or resources arising from extractive industries, large-scale water, energy and infrastructure projects, and agricultural investments.
The Permanent Forum welcomes the organization of a workshop by the Indigenous People’s Center for Documentation, Research and Information in recognition of the historical role played by indigenous peoples within the United Nations system.
The Permanent Forum demands that WIPO recognize and respect the applicability and relevance of the Declaration as a significant international human rights instrument that must inform the Intergovernmental Committee process and the overall work of WIPO. The minimum standards reflected in the Declaration must either be exceeded or directly incorporated into any and all WIPO instruments that directly or indirectly impact the human rights of indigenous peoples.
The Permanent Forum welcomes the endorsement by the United Nations System Chief Executives Board for Coordination in November 2020 of a call to action to revitalize the system-wide action plan on the rights of indigenous peoples, as set out in the report entitled “Building an inclusive, sustainable and resilient future with indigenous peoples: a call to action”. In the report, the Chief Executives Board called for ensuring the more systematic participation of indigenous peoples in United Nations country processes, such as the United Nations Sustainable Development Cooperation Frameworks, and in the implementation of socioeconomic response and recovery plans and the Goals.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.
Furthermore, States should strengthen measures, systems and resources to effectively address all forms of violence against indigenous women, such as female genital mutilation; child marriage; sexual abuse; forced labour; modern slavery; domestic, institutional and political violence, including in the context of forced displacement; sexual exploitation; trafficking; armed conflict; and the militarization of indigenous lands and territories.
The Permanent Forum suggests that the Human Rights Committee also interpret the International Covenant on Civil and Political Rights taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. In particular, the Committee should review its General Comment No. 12 (1984) on the right to self-determination (article 1 of the Covenant) and No. 23 (1994) on the rights of persons belonging to minorities (article 27 of the Covenant) taking into account article 3 and other relevant provisions of the Declaration. In addition, in accordance with the terms of General Comment No. 12, the Committee should request State parties to the Covenant to report on their compliance with their obligations regarding the right of all peoples, including indigenous peoples, to self-determination and related rights. The Committee should request that State parties prepare the relevant sections of their reports on the implementation of the Covenant in consultation and cooperation with indigenous peoples.
The Permanent Forum recognizes the importance of exploring possibilities for strengthening cooperation with the human rights treaty bodies on issues of relevance to its mandate. The Permanent Forum therefore invites the Chairs of the human rights treaty bodies each to designate a representative to participate in the twenty-second session of the Permanent Forum, to be held in 2023.
The Forum decides to hold a meeting of four of its members with the Inter-Agency Support Group (IASG) at its annual session of IASG, in 2004.
The Permanent Forum recommends that the Human Rights Council and the Committee on Economic, Social and Cultural Rights investigate the possibility of the development and acceptance of general recommendations relating to the right of indigenous peoples to self-determination by securing their access to their ancestral lands, territories and natural resources.
The Permanent Forum reiterates that the United Nations Declaration on the Rights of Indigenous Peoples is the normative framework for the high-level plenary meeting/World Conference on Indigenous Peoples, to be convened during the sixty-ninth session of the General Assembly. The provisions of resolution 66/296 must be given the widest and most generous interpretation possible in order to ensure the full and effective participation of indigenous peoples.
Furthermore, the Permanent Forum urges those States that have abstained to reverse their positions and endorse the Declaration so as to achieve full consensus.