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 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.
Considering the statements made by Brazil at the fifteenth session, the Permanent Forum welcomes the willingness of the Government to engage in dialogue concerning the status, conditions and rights of the indigenous peoples of Brazil, many of whom have faced the suspension of the land demarcation process. The Forum respectfully requests Brazil to uphold its national and international obligations to recognize and respect the human rights of indigenous peoples, as affirmed in the United Nations Declaration and ILO Convention No. 169. Furthermore, the Forum urges the interim Government of Brazil to safeguard the status of the National Indian Foundation and its mandate with regard to the indigenous peoples of Brazil.
The Permanent Forum invites members of all United Nations human rights treaty bodies, in particular the Committee on the Rights of the Child, to attend the annual sessions of the Permanent Forum, as observers, with the objective of increasing awareness about the distinct human rights and cultural contexts of indigenous peoples so as to enhance their work in relation to indigenous peoples and the Declaration.
Since the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, few States have entered into effective dialogue or partnerships with indigenous peoples or have undertaken adequate legal reforms to implement the Declaration. Based on interventions and reports of representatives of indigenous peoples from all regions of the world at its eleventh session, the Permanent Forum is alarmed about the ongoing gross human rights violations being perpetrated against indigenous peoples and therefore calls upon all States to take urgent action to end such violations and to recognize and respect the human rights standards contained in the Declaration.
The Permanent Forum welcomes the study on indigenous peoples and corporations that examined existing mechanisms and policies related to corporations and indigenous peoples and identified good practices. The Forum recommends that best practices of the application of the right of free, prior and informed consent regarding corporations and indigenous peoples be documented and shared.
The Permanent Forum recommends that OHCHR aspire to adapt its organizational structures to the post-Declaration era by strengthening secretariat structures devoted to indigenous peoples’ issues.
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.