The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.
The Permanent Forum highlights that unprincipled positions and actions of States undermine indigenous peoples’ human rights and the United Nations Declaration and that such conduct prejudices indigenous peoples globally and serves to weaken the international human rights system. States must therefore take steps, in conjunction with indigenous peoples, to ensure that their commitments and obligations are not violated in other international forums, especially following the World Conference on Indigenous Peoples. In accordance with both the outcome document of the World Conference and the United Nations Declaration, States, in conjunction with indigenous peoples, should develop legislation and mechanisms at the national level to ensure that laws are consistent with the United Nations Declaration
The Permanent Forum calls upon United Nations agencies, the World Bank, the Asian Development Bank, other multilateral financial institutions and bilateral donors to establish clear policy commitments to protect the ancestral lands of indigenous peoples.
The Permanent Forum appoints Edward John and Dalee Sambo Dorough to conduct a study on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law.
The Permanent Forum recommends that States, in consultation with the indigenous peoples concerned, provide financial and technical assistance for indigenous peoples to map the boundaries of their communal lands, finalize legal and policy frameworks for the registration of collective titles, as a matter of urgency, and support indigenous peoples in preparing their claims for collective title.
The Permanent Forum recommends that States take effective measures to halt land alienation in indigenous territories, for example, through a moratorium on the sale and registration of land, including the granting of land and other concessions in areas occupied by indigenous peoples, and also to assist indigenous communities, where appropriate, to register as legal entities.
The Permanent Forum encourages indigenous parliamentarians to organize a global satellite conference of indigenous representatives with the objective of analyzing as a whole the level of progress in the promotion, protection and exercise of the rights of indigenous peoples around the world within the framework of the seventh session of the Permanent Forum.
The Permanent Forum recommends that the Human Rights Council consider the development of a framework for the implementation of article 37 of the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council, to assess implementation of treaties, agreements and other constructive arrangements between States and indigenous peoples in all regions of the world.
The Permanent Forum recommends that Governments, bilateral and multilateral donor and development agencies and other development partners responsible for or assisting in the implementation of sectoral strategies or other programmes affecting lands owned, occupied or otherwise used by indigenous peoples review the consistency of such strategies and programmes with internationally recognized standards for the protection of the rights of indigenous peoples and the impact of such strategies and programmes on indigenous communities and report to the Permanent Forum at its seventh session in 2008 on the results of these reviews and on any strategies adopted to address the challenges they might identify.
The Permanent Forum recognizes that it is important that the Human Rights Council continues to effectively address indigenous peoples’ issues as human rights issues. The Permanent Forum decides to appoint Ms. Ida Nicolaisen and Mr. Wilton Littlechild to undertake a study on the structures, procedures and mechanisms that presently exist and that might be established to effectively address the human rights situation of indigenous peoples, to arrange for indigenous representation and inclusion in such structures, procedures and mechanisms and to submit a report on the subject to the Permanent Forum by 31 December 2007.
The Permanent Forum recommends that the Special Rapporteur on the human rights of migrants pay special attention to the vulnerability of urban and migrant indigenous persons.
The Permanent Forum recommends that relevant States recognize indigenous peoples’ right to prior, free and informed consent and provide support mechanisms for involuntarily displaced indigenous peoples to be able to return to their original communities, including appropriate forms of repatriation, compensation and restitution and provision for the sustainable livelihoods of those peoples.