The Permanent Forum expresses its concern for the human rights of indigenous peoples in the Non-Self-Governing Territories in the Pacific region and calls on the United Nations Human Rights Council to designate a Special Rapporteur on the situation of indigenous peoples of those territories.
Recalling articles 3–4, 8, 18, 25–26 and 32 of the Declaration, the Permanent Forum urges African States to promote, recognize and protect the collective rights of indigenous peoples to their lands, territories and resources through the development of mechanisms to ensure the legal recognition of land and resource rights, the resolution of land disputes, fair and equitable redress, and the creation of permanent dialogue frameworks to facilitate political participation and representation of indigenous peoples in decision-making.
The Permanent Forum recommends that the Government of Paraguay should make resolute progress towards the development of a land registry that will facilitate land titling, and thus the recovery of land by indigenous communities and the territorial reconstitution of their respective peoples.
States should take effective measures to eliminate violence against indigenous peoples by studying the root causes of conflict and human rights abuses, developing indicators and methodologies for risk assessment and early warning mechanisms and improving national legislation for the administration of justice with regard to the perpetrators of war crimes.
The Permanent Forum commends OHCHR for conducting training sessions on the rights of indigenous peoples for its staff in a number of Asian and African countries. The Permanent Forum recommends that OHCHR continue to expand such training and capacity-building efforts for its staff, both at headquarters and in country teams in all regions.
The Permanent Forum encourages the Government of Paraguay to continue to accept assistance from United Nations agencies and programmes and national cooperation agencies in order to develop policies aimed at the elimination of forced labour and other forms of servitude, especially in matters relating to the most urgent challenges: food, health, housing and education.
The Permanent Forum welcomes the decision of the Inter-Agency Support Group on Indigenous Issues to hold, on an exceptional basis, a meeting to consider appropriate ways of promoting, disseminating and implementing the Declaration on the Rights of Indigenous Peoples, once it is adopted by the General Assembly.
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.
The Permanent Forum recommends that the secretariat of the Permanent Forum, the United Nations Children’s Fund (UNICEF), the United Nations Institute for Training and Research, UNDP and the United Nations Programme on Youth cooperate closely with the Global Indigenous Youth Caucus to conduct and support regional and international human rights training programmes to build the capacity and advocacy skills of indigenous youth.
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.
In relation to the preparation for the high-level plenary meeting/World Conference, the Permanent Forum welcomes the study entitled “Rights of indigenous peoples: achievements and challenges in the Latin American countries”, prepared by the Economic Commission for Latin America and the Caribbean in collaboration with indigenous peoples, and encourages States, agencies and regional commissions to undertake similar studies.
The Permanent Forum recommends that the full, effective and direct representation and participation of indigenous peoples, including their indigenous governments, councils, parliaments and other political institutions, should be ensured at all United Nations forums and multilateral and bilateral negotiations, and in the drafting processes of the corresponding emerging instruments, for example, those under discussion at the World Bank, the World Intellectual Property Organization (WIPO), the secretariat of the Convention on Biological Diversity. Such instruments must be harmonized with the Declaration, which is regarded as a reflection of the minimum human rights standards necessary for the promotion and protection of indigenous peoples, nations and communities. Such instruments should be consistent with or exceed those minimum standards.