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 recommends to the President of the sixty-eighth session of the General Assembly the continuation of the practice, established during the sixty-sixth session of the Assembly, of appointing a State representative and an indigenous peoples’ representative to conduct inclusive informal consultations on his behalf in order to build consensus on the themes of the round table and panel discussions and the content of the outcome document of the World Conference, as well as to ensure the full and effective participation of indigenous peoples in the process.
The Permanent Forum urges the Economic and Social Council to decide that the report of the twelfth session should be presented to it by the Chair, or a designate thereof, of the Forum.
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 welcomes the work undertaken by indigenous peoples in the regional and thematic caucus preparatory meetings and the Indigenous Global Coordinating Group drafting group and looks forward to the forthcoming recommendations of the Global Preparatory Indigenous Peoples’ Conference on the World Conference on Indigenous Peoples, to be held in Alta, Norway, from 10 to
12 June 2013, the Expert Mechanism on the Rights of Indigenous Peoples and the regional preparatory meetings and their respective contributions to the outcome document of the World Conference. All conclusions and recommendations that arise from those activities must be taken into consideration in the decision-making relating to the World Conference itself. The Forum wishes to draw attention to the collective objective of ensuring an informal hearing, interactive round tables, panel discussions and the adoption of an action-oriented outcome document of the Conference.
The Permanent Forum reiterates its recommendation that indigenous peoples have equal participation in the drafting of all documents that emerge from the World Conference process, including any outcome document.
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 considers that the conclusion of the Global Preparatory Indigenous Peoples’ Conference on the World Conference on Indigenous Peoples, to be held in Alta, Norway, from 10 to 12 June 2013, should be considered as a firm basis for the identification of specific themes for the round table and panel discussions under the auspices of the General Assembly.
The Permanent Forum recommends that the President of the sixty-eighth session of the General Assembly, in the selection of co-chairs and other members of the two plenary meetings, the three interactive round-table discussions and the one interactive panel discussion during the World Conference, in addition to the informal interactive hearing to be held before June 2014, apply the criteria of regional representation of indigenous peoples; gender balance; inclusion of indigenous elders and youth; and inclusion of indigenous persons with disabilities. The Forum offers its assistance in identifying potential co-chairs and other members.
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.
The Permanent Forum reaffirms the United Nations Declaration on the Rights of Indigenous Peoples as the normative framework for the high-level plenary meeting of the sixty-ninth session of the General Assembly, to be known as the World Conference on Indigenous Peoples. The provisions of Assembly resolution 66/296 regarding the organization of the World Conference must be given the widest and most generous interpretation possible in order to achieve the full and effective participation of indigenous peoples.