The human rights-based approach to development should be operationalized by States, the United Nations system and other intergovernmental organizations, inlcuding the international financial institutions, and should be the framework underpinning the Millennium Development Goals and poverty reduction strategies, programmes and activities. The recognition of indigenous peoples as distinct peoples and the respect for their individual and collective human rights, rights to lands and territories and sustainable use of natural resources are crucial for achieving a just and sustainable solution to the widespread poverty in their midst. Relevant international treaties, such as International Labour Organization (ILO) Convention No. 169, common article 1 of the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, which declares that "no people shall be deprived of its own means of subsistence", as well as bilateral State-indigenous treaties or accords, should be implemented to ensure compliance and implementation
The Permanent Forum takes note of the upcoming World Congress of Protected Areas, to be held in Barcelona in October 2008. The Forum reiterates its recommendation to the 2003 World Congress of Protected Areas. The Forum requests that the United Nations Declaration on the Rights of Indigenous Peoples be duly considered in the deliberations and results of the World Congress on Protected Areas, and that its participating organizations address the issues of restitution and free, prior and informed consent of indigenous peoples for conservation activities affecting indigenous lands and territories, sacred sites and indigenous peoples’ conservation activities.
The Permanent Forum invites members of all United Nations human rights treaty bodies, in particular the Committee on the Rights of the Child, to attend the annual sessions of the Permanent Forum, as observers, with the objective of increasing awareness about the distinct human rights and cultural contexts of indigenous peoples so as to enhance their work in relation to indigenous peoples and the Declaration.
The Permanent Forum invites Member States to participate in informal discussions on the effective and efficient impacts of the Permanent Forum on the achievement of the Sustainable Development Goals, including in the contexts of biodiversity, climate change, desertification and the enjoyment of human rights by indigenous peoples, in particular efforts to combat violence against indigenous women and children. The Permanent Forum also invites Member States to enhance the effective participation of indigenous peoples in the design and implementation of efforts in the context the United Nations Decade of Ocean Science for Sustainable Development; the International Decade for Action, “Water for Sustainable Development”, 2018–2028; the United Nations Decade on Ecosystem Restoration; and the International Decade of Indigenous Languages.
The Permanent Forum notes that the Greenland-Danish Self-Government Commission submitted its report on self-government on 6 May 2008. The main task of the Commission has been to submit draft legislation regarding a self-government arrangement for Greenland. A referendum was held in Greenland on 25 November 2008 concerning the act and the process leading up to its entry into force. The Permanent Forum welcomes the successful passage of the act through the Danish Parliament on 19 May 2009.
The Permanent Forum recommends that States take steps to establish truth commissions in situations of reported gross violations of the human rights of indigenous peoples. The Forum underlines that the full and effective participation of affected indigenous peoples is a precondition for the establishment and work of truth commissions.
Consistent with article 7 of the United Nations Declaration, the Permanent Forum recommends that the Inter-American Commission on Human Rights urgently establish an independent international commission to investigate the assassination of Berta Cáceres and Nelson Garcia of the Lenca people of Honduras.
The Forum recommends that the Coordinator of the Second International Decade of the World's Indigenous People fully consult with the Forum regarding the preparation of the draft plan of action for the Second Decade
In regard to the rights of indigenous peoples, the Permanent Forum reiterates its long-standing position of encouraging the United Nations, its organs and specialized agencies, as well as all States, to adopt a human rights-based approach. At the international, regional and national level, the human rights of indigenous peoples are always relevant if such rights are at risk of being undermined. Human rights are indivisible, interdependent, and interrelated. They must be respected in any context specifically concerning indigenous peoples, from environment to development, to peace and security, and many other issues.
Given the anniversary of such an important milestone for Member States and indigenous peoples, the Permanent Forum encourages those States that have not yet ratified or acceded to the Indigenous and Tribal Peoples Convention, 1989 (No. 169) to consider doing so.
In the spirit of the special theme of its third session, "indigenous women", the Forum recognizes that the instruments relating to human rights, including the fundamental rights of indigenous women and girls, have been elaborated. Nevertheless, indigenous women continue to be one of the most marginalized groups in many countries, being victims of serious acts of discrimination and flagrant violations of their fundamental rights. The continuing gap between the proclamation and the implementation of human rights is largely due to the lack of commitment on the part of Governments to fully promote and protect those rights, as well as to the lack of awareness of human rights and fundamental freedoms in society, including at the community level.
The Permanent Forum reiterates its grave concerns about the situation of indigenous human rights defenders who continue to be harassed, criminalized, prosecuted or even killed for exercising their legitimate rights to protect their lands, territories and resources, especially in the context and activities of extractive industries. The Forum calls upon Member States to take a zero-tolerance approach to violence against indigenous human rights defenders, to develop and implement all measures necessary to respect and protect indigenous human rights defenders, to duly investigate any act against them and to prosecute those responsible to the full extent of the law.