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 welcomes the work of the Government of Namibia in the development and validation of the white paper on the rights of indigenous peoples, developed with the support of the Department of Economic and Social Affairs. The Forum encourages the Government to take measures to ensure that the white paper is approved and effectively implemented, in cooperation with indigenous peoples in Namibia. Furthermore, the Forum encourages other States, in particular African States, to consider similar measures, consistent with the Declaration.
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
The Forum calls upon the European Commission to establish further collaboration with it on indigenous issues.
The Permanent Forum recommends that OHCHR take a leading role in ensuring that United Nations country teams undertake their policies or programmes affecting indigenous peoples in cooperation with indigenous peoples’ representatives and organizations.
The Permanent Forum encourages the Expert Mechanism on the Rights of Indigenous Peoples and the Human Rights Council to continue the process of addressing rights related to treaties and agreements between indigenous peoples and the United States and Canada, including through the consideration and implementation of the recommendations resulting from the first two United Nations treaty seminars, held in 2003 and 2006, and by taking steps to hold a third seminar, as mandated by the Economic and Social Council, and urges the Expert Mechanism to advance the work on treaties.