The Permanent Forum recommends that any future agreements with the Plurinational State of Bolivia should provide, in particular, for means of protecting the territory of the Ayoreo people living in voluntary isolation
Recalling that the Human Rights Council will assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and complaint procedures; and recalling also that the Council shall complete the review within one year after the holding of its first session, the Permanent Forum strongly urges the Council to ensure the full participation of representatives of indigenous peoples in that review process. The Permanent Forum further urges the Council to maintain and improve mechanisms, mandates, special procedures, expert advice mechanisms and complaint procedures relevant and pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous peoples.
The Permanent Forum reiterates its call upon African Member States to extend invitations to the Special Rapporteur on the rights of Indigenous Peoples and other mandate holders to conduct country visits to foster transparent and constructive dialogue. The Forum notes the invitations from the Governments of Namibia and the United Republic of Tanzania to the Special Rapporteur to undertake country visits and invites Member States to provide financial support to realize these visits.
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.
The Permanent Forum recommends that the Human Rights Council consider:(a)The inclusion of an agenda item addressing the human rights of indigenous peoples in the ongoing work of the Council;(b) Including the human rights of indigenous peoples as part of its universal periodic review;(c)The inclusion of indigenous expertise in the new general expert advisory body being established by the Human Rights Council;(d)The interventions submitted by an expert member of the Permanent Forum to the Human Rights Council and the working groups on the ongoing reforms of the human rights mechanisms;(e) Maintaining and strengthening its expertise on indigenous peoples’ human rights issues.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
The Permanent Forum recommends that OHCHR continue to contribute to strengthening the working relations between the treaty bodies and the three United Nations mechanisms which have specific mandates to address indigenous peoples’ issues in order to enhance compliance with the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, OHCHR could facilitate the participation of the Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Chairperson of the Permanent Forum at the next annual meeting of the chairpersons of the treaty bodies.
The Forum reiterates the recommendations contained in paragraphs 18 and 19 of the report on its first session:
(a) The Forum calls upon States to adopt the draft United Nations declaration on the rights of indigenous peoples before the end of the Decade;
(b) The Forum encourages States to include representatives of indigenous peoples’ organizations in their delegations to the informal intersessional meeting on the draft United Nations declaration on the rights of indigenous peoples.
The Permanent Forum recommends that Paraguay should speed up the reform of INDI and of other institutions with competence in indigenous issues so that the proper participation of indigenous peoples will strengthen their democratic representation before the legislative and judicial powers, which are still reluctant to act.
The Permanent Forum recommends that the Department of Peacekeeping Operations of the United Nations Secretariat collaborate with indigenous peoples’ organizations in investigating violations of indigenous peoples’ human rights committed by United Nations peacekeepers.
Pursuant to article 38 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum reiterates its invitation to States to provide the Permanent Forum with substantive information on the implementation
of the Declaration and an assessment of the effectiveness of the Declaration at the national and local levels.