The Forum welcomes and supports the decision of the Commission on Human Rights as contained in paragraph 11 of its resolution 2003/56 of 24 April 2003 to hold a seminar on the administration of justice.
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 decides to appoint as Special Rapporteur Ms Tonya Gonnella Frichner, a member of the Forum to conduct a preliminary study on the impact of the international legal construct known as the Doctrine of Discovery on Indigenous Peoples that has served as the foundation of the violation of their human rights and to report thereon to the Forum at its ninth session, in 2010.
The Permanent Forum welcomes the decision of the Special Rapporteur on the rights of indigenous peoples to prepare a study on intimidation, criminalization and violence of any form directed against indigenous peoples, communities or individuals, in particular those who defend their rights under the United Nations Declaration on the Rights of Indigenous Peoples. The Forum invites the Special Rapporteur to share her preliminary findings and recommendations with the Forum at its seventeenth session.
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 Permanent Forum urges States to review their policies on biofuel industries, which, in the name of remedying the impacts of climate change, are resulting in the deforestation of large forest areas and the displacement of indigenous peoples. That increases the vulnerability of indigenous communities and in particular of those living in voluntary isolation.
The Permanent Forum recommends that staff in country offices as well as those who work on specific countries from their own headquarters ensure the full participation of indigenous peoples in conducting evaluations under the United Nations Development Assistance Framework, as recommended in the 2004 framework.
Given increased violence against indigenous peoples in the Amazon region, the Permanent Forum urges the Member States of the region to take urgent, extraordinary and coordinated measures to protect the individual and collective rights of indigenous peoples, with the aim of maintaining their ownership and use of their territories. The Forum also calls upon the United Nations system and specialized agencies, including OHCHR, the United Nations Environment Programme, the United Nations Development Programme (UNDP), the Food and Agriculture Organization of the United Nations (FAO) and ILO, to support Member States in the protection of indigenous peoples’ habitats and cultures in the Amazon region in cooperation with indigenous peoples.
The Permanent Forum recommends that the Special Representative of the Secretary-General on business and human rights and the United Nations Global Compact unite their efforts in cooperation with the Forum, engaging with the private sector on issues related to indigenous peoples, including the promotion of the United Nations Declaration on the Rights of Indigenous Peoples and its implementation.
The Permanent Forum recommends that the Human Rights Council update and complete the United Nations study on treaties, agreements and other constructive arrangements between States and indigenous populations, including the possible appointment of a rapporteur to carry out this task and to provide regular reports to the Human Rights Council, the Permanent Forum and other appropriate bodies.
The Permanent Forum recommends that all States apply the principles of general comment No. 11 (2009) of the Committee on the Rights of the Child, entitled “Indigenous children and their rights under the Convention”.
The Permanent Forum has decided to appoint Saul Vicente Vásquez, a member of the Forum, to conduct a study on extractive industries in Mexico and the situation of indigenous peoples in the territories in which these industries are located.