Pursuant to article 38 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum reiterates its invitation to States to provide the Permanent Forum with substantive information on the implementation
of the Declaration and an assessment of the effectiveness of the Declaration at the national and local levels.
The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.
The Permanent Forum welcomes the adoption of the American Declaration on the Rights of Indigenous Peoples by the Organization of American States on 15 June 2016. The Forum calls upon States to implement the American Declaration in order to advance the rights of indigenous peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and other human rights instruments.
The Permanent Forum recommends that OHCHR pursue its efforts to encourage increased use of the United Nations Declaration on the Rights of Indigenous Peoples by national human rights institutions.
The Permanent Forum urges the Governments of Canada and the United States to respect the right of indigenous nations to determine their own membership, in accordance with article 33 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum urges the funds, programmes and agencies of the United Nations system to cooperate with States and indigenous peoples in the development and implementation of national action plans, strategies and other measures that aim to achieve the ends of the Declaration, including by providing support for the advancement and adjudication of the collective rights of indigenous peoples to their lands, territories and resources.
The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
The Permanent Forum appoints Irma Pineda Santiago and Símon Freddy Condo Riveros, members of the Forum, to conduct a study on collective intellectual property and the appropriation of the ideas and creations of indigenous peoples, and to present that study to the Forum at its twenty-first session.
The Forum recommends that UN-Habitat jointly, with the Office of the United Nations High Commissioner for Human Rights, through the United Nations Housing Rights Programme, organize an expert group meeting in 2006 to review the status of the realization process of indigenous peoples’ housing rights globally, and identify and document best practices and report on the outcome and recommendations of the expert group meeting at the sixth session of the Forum.
The Permanent Forum calls upon the parties to the Convention on Biological Diversity to adopt the terminology “indigenous peoples and local communities” as an accurate reflection of the distinct identities developed by those entities since the adoption of the Convention almost 20 years ago.
The Permanent Forum recommends that the Human Rights Council include, where appropriate, the question of treaties, agreements and other constructive arrangements pertaining to indigenous peoples when undertaking its universal periodic review of States members.
Building upon the study prepared by members of the Permanent Forum on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with respect to the full enjoyment of human rights and inclusion in development (see E/C.19/2013/6), and in the light of the call in the 2030 Agenda for Sustainable Development to “leave no one behind”, the Forum is concerned that the experiences and rights of indigenous persons with disabilities require further study and examination. In that regard, the Forum calls upon the secretariat of the Convention on the Rights of Persons with Disabilities, as the focal point within the United Nations system on matters relating to disability, to conduct a qualitative study with regard to indigenous persons with disabilities, in all seven regions of the world.