The Permanent Forum is concerned that, in their efforts to achieve the Sustainable Development Goals, Member States are not complying with the Declaration. In one case, the Committee on the Elimination of Racial Discrimination requested that Norway temporarily suspend the ongoing construction of the Fosen Vind onshore wind power project, which negatively affects the reindeer herding of the South Sami people. The Government of Norway, having concluded that its administrative and legal processes were sufficient, did not implement the interim measures. The Forum urges Member States to respect and comply with decisions made by the United Nations treaty bodies.
The Permanent Forum recommends that the annual report of OHCHR to the Permanent Forum provide a summary of relevant reports, decisions and recommendations of the Human Rights Council, its subsidiary bodies and special procedures, as well as the universal periodic review working group, United Nations treaty bodies and other relevant United Nations reports and conferences.
The Permanent Forum denounces the extrajudicial killings of indigenous leaders and activists in several Asian States, as reported by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Special Rapporteur on extrajudicial, summary or arbitrary executions, and urges the concerned countries to investigate these reported cases and to provide redress to the relatives of the victims.
The Permanent Forum urges Member States to include indigenous peoples’ rights in the outcomes of the 2019 Climate Summit called for by the Secretary- General, which will be held on 23 September 2019. The Forum also recommends that States, the United Nations system, indigenous peoples’ organizations and other partners secure funding to ensure the adequate participation of indigenous peoples at the Summit and at the preparatory meetings.
During its tenth session, the Permanent Forum emphasized that redefining the relationship between indigenous peoples and the State as an important way to understand the doctrine of discovery and a way to develop a vision of the future for reconciliation, peace and justice. To that end, the United Nations Declaration on the Rights of Indigenous Peoples provides a strong human rights framework and standards for the redress of such false doctrines, notably in articles 3, 28 and 37. The Permanent Forum encourages the conduct of the processes of reconciliation “in accordance with the principles of justice, democracy, and respect for human rights, equality, non-discrimination, good governance and good faith”.
The Permanent Forum recommends that the Secretary-General provide adequate human and financial resources for the purpose of meeting the requirements of articles 41 and 42 of the Declaration as they apply to the Permanent Forum.
Include relevant information on the rights of indigenous peoples, in particular indigenous women by engaging indigenous organizations in the reporting process to the Committee on the Elimination of Discrimination against Women and other relevant human rights bodies, encouraging indigenous women through their organizations to become involved in the reporting process to the Committee
In accordance with article 42 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum urges States to conduct an independent audit of their constitutional and other laws, policies and programmes in order to assess their consistency with the Declaration and the International Convention on the Elimination of All Forms of Racial Discrimination, and to amend such laws, policies and programmes in order to remove all forms of discrimination. In particular, the Forum urges States to prioritize laws, policies and programmes that target hate speech and political and racial vilification.
The Permanent Forum recommends to ILO and its Governing Body that a technical expert meeting be organized to consider the drafting of a recommendation to supplement the Indigenous and Tribal Peoples Convention.
Urgent transformational actions by States and other development actors for Indigenous Peoples must be based on a human rights framework enabling the identification of the root causes of inequality and providing mechanisms to tackle systemic discrimination and racism and must contribute to reforming discriminatory laws and policies and strengthening the accountability of States, including ensuring democratic space for all.
The Permanent Forum recommends that Canada operationalize the Declaration by passing Bill C-262 (United Nations Declaration on the Rights of Indigenous Peoples Act) as a significant step towards reconciliation.
The Permanent Forum recommends to the Human Rights Council that, in the course of a universal periodic review, the situation of indigenous peoples of a country under consideration also be examined.