The Permanent Forum recommends that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.
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.
The Permanent Forum also notes the number of interventions by indigenous peoples alarmed at the denial of their right to free, prior and informed consent in relation to extractive industries and other forms of large- and small-scale development. Therefore, the Permanent Forum recommends that States and international financial and aid institutions systematically monitor, evaluate, assess and report on how free, prior and informed consent has or has not been recognized and applied with respect to the lands, territories and resources of the indigenous peoples concerned.
The Permanent Forum welcomes the ruling of the Inter-American Court of Human Rights in the case of Saramaka People vs. Suriname (28 November 2007), which aptly applies the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum urges the Working Group of the Organization of American States, which is elaborating the draft American declaration on the rights of indigenous peoples, to consider the United Nations Declaration on the Rights of Indigenous Peoples as the minimum standard.
The Permanent Forum urges Member States to implement the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the Escazú Agreement.
The Forum welcomes and supports Commission on Human Rights decision 2003/117 of 24 April 2003 to hold a seminar on treaties, agreements and other constructive arrangements between indigenous peoples and States, as a follow-up to the United Nations treaty study final report.
E/CN.4/Sub.2/1999/20.
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), and given that the situation of the indigenous peoples of the Chittagong Hill Tracts remains a matter of concern, the Forum encourages the Government of Bangladesh to allocate sufficient human and financial resources and set a time frame for the full implementation of the Accord.
The Permanent Forum calls on States to consult with indigenous peoples in a manner that fully respects their obligations under the Declaration and fully responds to the goals, needs and rights of indigenous peoples in the development and design of relevant legislation.
The Permanent Forum recommends that States, United Nations organizations and indigenous peoples’ organizations elaborate and develop strategies and action plans for communication, education and public awareness on indigenous issues during the Second International Decade, addressing different audiences. Toolkits should also be developed for use in the implementation of such plans.
The Permanent Forum takes note of the Deatnu (Tana/Teno) river fishing agreement between the Governments of Finland and Norway that was adopted by their respective Parliaments in March 2017. The Sami Parliaments of Finland and Norway have informed the Forum that the agreement was adopted without the free, prior and informed consent of the Sami. The Forum requests the Governments of Finland and Norway to renegotiate the agreement with the full and effective participation of Sami rights holders.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Forum recommends that Member States, the intergovernmental system, international financial institutions and the private sector respect and adhere to the principle of free, prior and informed consent in all matters affecting indigenous peoples