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 urges that discussions at the forthcoming summit to renew the Amazon Cooperation Treaty Organization, scheduled to be held in Brazil in August 2023, fully involve Indigenous Peoples from the Amazon region in determining a road map that addresses their situation, including cross-border illegal activities and organized crime.
Recalling that the Human Rights Council will assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and complaint procedures; and recalling also that the Council shall complete the review within one year after the holding of its first session, the Permanent Forum strongly urges the Council to ensure the full participation of representatives of indigenous peoples in that review process. The Permanent Forum further urges the Council to maintain and improve mechanisms, mandates, special procedures, expert advice mechanisms and complaint procedures relevant and pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous peoples.
Bearing in mind that the Permanent Forum on Indigenous Issues was named at a time when the United Nations Declaration on the Rights of Indigenous Peoples had not yet been adopted, and considering that the title of the Special Rapporteur on the rights of indigenous peoples was changed, two years ago, from its previous title of “Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people”, we strongly urge the Economic and Social Council to recommend that the name of the Forum be changed to “Permanent Forum on the Rights of Indigenous Peoples”.
The Permanent Forum recommends that IFAD develop a stronger focus on issues relating to land and territory and actively promote indigenous peoples’ rights to land.
The Permanent Forum recommends that the Human Rights Council consider the development of a framework for the implementation of article 37 of the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council, to assess implementation of treaties, agreements and other constructive arrangements between States and indigenous peoples in all regions of the world.
The Permanent Forum denounces the extrajudicial killings of indigenous leaders and activists in several Asian States, as reported by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Special Rapporteur on extrajudicial, summary or arbitrary executions, and urges the concerned countries to investigate these reported cases and to provide redress to the relatives of the victims.
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 recognizes that the United Nations has declared 2010 the International Year of Biodiversity and that indigenous peoples, as custodians of the Earth’s biodiversity, should be major players in actions planned for 2010. In that spirit, the Permanent Forum calls for close cooperation between the secretariat of the Convention on Biological Diversity and the Forum in promoting the International Year and in highlighting the role of indigenous peoples as custodians of biodiversity.
The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.
The Permanent Forum recalls its invitation to the Committee on Economic, Social and Cultural Rights to initiate a general comment on the collective rights of indigenous peoples to lands, territories and natural resources. The Forum welcomes the decision of the Committee to draft a general comment on land and economic, social and cultural rights. However, the Forum expresses its concern about the limited participation of indigenous peoples in the drafting of the general comment and invites the Committee to consider facilitating the participation of indigenous peoples. The Forum also invites the United Nations Voluntary Fund for Indigenous Peoples to provide support in this regard.
The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.