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 Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.
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.
The Forum welcomes and supports the decision of the Commission on Human Rights as contained in paragraph 11 of its resolution 2003/56 of 24 April 2003 to hold a seminar on the administration of justice.
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 welcomes the fact that United Nations entities and bodies, including mandate holders and, notably, OHCHR and the United Nations Environment Programme, take their share of the responsibility to ensure a safe space for Indigenous Peoples participating in United Nations meetings. The Permanent Forum requests that United Nations bodies and entities create an urgent response mechanism to acts of intimidation and reprisals against Indigenous human rights defenders cooperating with the United Nations, in line with existing United Nations guidance on protection and promotion of civic space and the Secretary-General’s Call to Action for Human Rights. The Permanent Forum will consider how to strengthen its own response mechanisms and its cooperation with the Assistant SecretaryGeneral for Human Rights, in line with General Assembly resolution 77/203, on this pressing matter, including through the appointment of focal points.
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 welcomes the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, on the international seminars on “Constitutional Reforms, Legislation and Implementation of Laws regarding the Rights of Indigenous Peoples” held in Geneva and Tucson, Arizona, in July and October 2005, respectively (E/CN.4/2006/78/Add.5). Concerned about the status of recommendations and the implementation gap, the Permanent Forum recommends to indigenous peoples’ organizations, non-governmental organizations and interested United Nations organizations and States that they hold United Nations expert seminars regarding the implementation of the Special Rapporteur’s recommendations and request that the results of the meetings be reported to the Permanent Forum at its sixth session.