The lack of effective recognition of the indigenous justice systems by State institutions, as well as the ongoing discrimination against them in the State justice system and inadequate access to redress and reparation, are among the key challenges faced by indigenous peoples around the world. Strengthened support for indigenous justice systems is key to promoting human rights, the rule of law, the achievement of justice for all and the promotion of effective, accountable and inclusive institutions, as set out in Goal 16.
The Permanent Forum encourages the Office of the United Nations High Commissioner for Human Rights (OHCHR), ILO and UNDP to strengthen their collaborative framework and partnership for the promotion and implementation of indigenous peoples’ rights through joint country programmes aimed at building capacity and establishing mechanisms for consultation, participation and consent in accordance with ILO Convention C169 and the United Nations Declaration on the Rights of Indigenous Peoples.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
The Permanent Forum recommends that the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertake a study on the implications of national security and anti-terrorist laws, policies and programmes for indigenous peoples and make recommendations on the human rights of indigenous peoples.
The Permanent Forum welcomes the collaboration with indigenous parliamentarians during the tenth session of the Forum. It encourages the parliamentarians and other elected indigenous representatives from national, regional and local decision-making bodies to establish an international network or organization in order to share common experiences, including those related to the implementation of the Declaration in legislative and other democratic bodies. It further encourages the Inter-Parliamentary Union to install a liaising body with the indigenous parliamentarians to strengthen awareness of the Declaration. The Forum calls upon indigenous parliamentarians to promote the necessary legislative reforms for implementation of the Declaration.
The Permanent Forum acknowledges the continuing negotiations between the Nordic States and the Sami peoples towards the adoption of a Nordic Sami convention. The Forum recommends that the minimum international human rights standards contained in the United Nations Declaration on the Rights of Indigenous Peoples be the framework for all negotiations concerning the convention and the harmonizing of Sami rights within Nordic countries. It urges Nordic States to recognize and respect the Sami peoples’ right to self-determination, to determine their own identity or membership of their institutions in accordance with their customs and their right not to be subjected to forced assimilation, consistent with articles 8 and 33 of the Declaration, the conclusions and recommendations of the Special Rapporteur on the rights of indigenous peoples and the Committee on the Elimination of Racial Discrimination (see CERD/C/FIN/CO/19, para. 13).
The Permanent Forum recommends that States include representatives of indigenous peoples in the national consultation process for the preparation of national reports to be submitted to the Human Rights Council for universal periodic review.
The Forum appreciates the information provided by the Council of Europe on the ways in which indigenous issues have been addressed in that organization. The Forum recommends that other appropriate regional intergovernmental organizations provide it with information on the ways in which indigenous issues have been addressed in their respective mechanisms for the protection of human rights and invites them to establish contacts with the Forum and to extend their experience with other regions.
Post-pandemic recovery efforts have exacerbated human rights violations against indigenous peoples across Asia. Governments have used economic recovery plans as a justification to seize indigenous lands for the purposes of resource extraction, and indigenous environmental defenders are often threatened and arrested. The Permanent Forum calls on Member States to guarantee the principles of free, prior and informed consent throughout its post-pandemic recovery efforts to ensure that the socioeconomic development of indigenous territories is implemented in full cooperation with indigenous peoples.
The Forum calls upon all those Members States which have not yet done so to consider without delay ratifying the International Convention on the Elimination of All Forms of Racial Discrimination and International Labour Organization Convention No. 169
The Permanent Forum recommends that relevant United Nations agencies dealing with indigenous peoples’ issues should take action on the inclusion of indigenous persons with disabilities in all their activities, make their websites accessible to persons with disabilities, promote the increased participation of indigenous persons with disabilities in their annual sessions and consider having expert sessions on indigenous persons with disabilities.
The Permanent Forum recalls paragraph 41 in its report on its twelfth session (E/2013/43-E/C.19/2013/25) and reaffirms that States should establish a monitoring mechanism to address violence against indigenous peoples, including assassinations, assassination attempts, rapes and other intimidation and persecution against indigenous human rights defenders. Furthermore, with regard to article 22 of the United Nations Declaration on the Rights of Indigenous Peoples, the Forum recommends that such monitoring mechanisms address the issue of missing and murdered indigenous women, and that measures be taken to ensure the full protection of indigenous women against all forms of violence.