The Permanent Forum welcomes the recent entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Forum encourages Member States to accede to the Optional Protocol and requests the Committee on Economic, Social and Cultural Rights to consider the preparation of a general comment on the economic, social and cultural rights of indigenous peoples.
The Permanent Forum requests that Member States and other potential donors increase their contributions to the United Nations Voluntary Fund for Indigenous Populations, the United Nations Indigenous Peoples’ Partnership and the Trust Fund on Indigenous Issues in order to guarantee the exercise of the right of indigenous peoples to participate in United Nations meetings of specific concern to them.
The Permanent Forum calls upon States to ensure that national policies regarding indigenous pastoralism and hunter-gatherers comply with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum welcomes the lively and analytical dialogue that emerged from the half-day discussion on the African region and encourages the United Nations Development Group to facilitate further dialogue between States and indigenous peoples at the African continental level to foster better understanding of the United Nations Declaration on the Rights of Indigenous Peoples and the commitments to indigenous peoples that Member States have made. Within this framework, capacity-building at the national level should be enhanced.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum urges increased dialogue among Governments, institutions and indigenous peoples concerning the identification, incorporation and value of indigenous knowledge in all disaster risk reduction projects and programmes at the national and regional levels. The Forum recommends that the United Nations Office for Disaster Risk Reduction take into consideration the study on engaging indigenous peoples more inclusively in the disaster risk reduction process (E/C.19/2013/14) as part of the official documentation of the third World Conference on Disaster Reduction, to be held in 2015.
While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
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 requests Member States to establish specific mechanisms at the national level in order to open and sustain dialogue between indigenous peoples and Governments to review the implementation of the recommendations of the Special Rapporteur on the rights of indigenous peoples, the work of the Expert Mechanism on the Rights of Indigenous Peoples and the recommendations of the Forum. The Forum requests United Nations agencies at the national level to facilitate such dialogue and that corresponding national mechanisms be established.
The Permanent Forum, noting the significance for indigenous peoples of the negotiations under way at WIPO on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions, strongly encourages representatives of indigenous peoples to participate in those negotiations, consistent with article 18 of the United Nations Declaration on the Rights of Indigenous Peoples.
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 recommends that States take steps to establish truth commissions in situations of reported gross violations of the human rights of indigenous peoples. The Forum underlines that the full and effective participation of affected indigenous peoples is a precondition for the establishment and work of truth commissions.