The Permanent Forum is concerned by the killings, violence and harassment targeted at indigenous human rights defenders, which are also frequently committed with impunity. The Permanent Forum is concerned that, despite international condemnation, these criminal acts of violence persist, especially in a small number of countries in South and Central America, Africa and Asia.
The Permanent Forum encourages analysis by States, the specialized agencies, academics, indigenous peoples and their organizations of the implementation of free, prior and informed consent principles and mechanisms regarding projects on indigenous lands and territories, and encourages them to submit such analyses to the Permanent Forum for consolidation and to identify good practices and barriers.
The Permanent Forum recommends that forests that have been taken by States from indigenous peoples without their free, prior and informed consent in the name of conservation policies be restored immediately.
The Forum urges the meeting of chairpersons of the human rights treaty bodies and the meeting of the special rapporteurs and other mechanisms of the Commission on Human Rights organized by the Office of the High Commissioner to place indigenous peoples, including indigenous women, on their agenda and invite the Forum to participate.
The Permanent Forum urges States and State-owned corporations to consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free, prior and informed consent before the approval of any policies, plans and projects affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of minerals, water and other resources, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
The Forum welcomes the participation and perspective of indigenous women and girls with disabilities, recognizes the distinct vulnerability and marginalization that such indigenous individuals encounter as members of an indigenous group, and encourages United Nations agencies, and Governments and organizations, to include their views.
Since the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, few States have entered into effective dialogue or partnerships with indigenous peoples or have undertaken adequate legal reforms to implement the Declaration. Based on interventions and reports of representatives of indigenous peoples from all regions of the world at its eleventh session, the Permanent Forum is alarmed about the ongoing gross human rights violations being perpetrated against indigenous peoples and therefore calls upon all States to take urgent action to end such violations and to recognize and respect the human rights standards contained in the Declaration.
The Permanent Forum urges States, with the effective participation of indigenous peoples, to address the concomitant loss of community citizenship and human rights when indigenous peoples are forced to migrate or are displaced by violent conflicts, with a particular emphasis on indigenous women.
The Permanent Forum recommends that the United States of America grant clemency to Leonard Peltier, who has been imprisoned since 1977 and is now an elderly person.
In accordance with international law, the Permanent Forum recommends that all States members of the Organization of American States recognize and respect that the United Nations Declaration constitutes the minimum standards for the survival, dignity and well-being of indigenous peoples of the world, and requests them to ensure that the draft American declaration on the rights of indigenous peoples is consistent with or exceeds the standards affirmed in the United Nations Declaration.
The Permanent Forum recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.
The Permanent Forum reiterates its call upon African Member States to extend invitations to the Special Rapporteur on the rights of Indigenous Peoples and other mandate holders to conduct country visits to foster transparent and constructive dialogue. The Forum notes the invitations from the Governments of Namibia and the United Republic of Tanzania to the Special Rapporteur to undertake country visits and invites Member States to provide financial support to realize these visits.