The Permanent Forum recommends that Asian States:(a)Adopt the United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council on 29 June 2006, before the end of the sixty-first session of the General Assembly;(b)Recognize indigenous peoples constitutionally and legally as peoples, promote legal reform, in particular with regard to the recognition of indigenous peoples’ collective land rights and their customary laws and institutions, which promote diversity and pluralism;(c)Adopt laws regulating the activities of investors and mitigating the negative impact of economic liberalization on the territories of indigenous peoples;(d) Have national laws in conformity with relevant international norms and standards;(e)Establish land commissions or mechanisms that address violations of indigenous peoples’ land rights, facilitate the restitution of alienated land and settle disputes;(f) Establish full transparency regarding projects on indigenous territories by States and corporations, through the implementation of the principles of free, prior and informed consent, in accordance with customary laws and practices of the respective indigenous peoples;(g) Abandon transmigration policies and programmes and prevent illegal migration to indigenous territories.
The Forum recommends that the United Nations and Member States recognize the cultural rights of indigenous peoples which include the rights to organize oneself freely and to administer one’s own cultural, sports, social and religious institutions. For this purpose, the Forum encourages the United Nations and the relevant specialized agencies to consider establishing an international centre for multicultural and multiracial studies.
The Permanent Forum invites the Special Rapporteur of the Human Rights
Council on the situation of human rights defenders to prepare a study on the drivers
of attacks against indigenous human rights defenders in business contexts and invites
the Special Rapporteur to share information on progress with the Permanent Forum
at its twenty-second session, to be held in 2023.
The Permanent Forum highlights the activities of those States that have undertaken or are currently undertaking constitutional revision processes to strengthen constitutional provisions on human rights, pluriculturalism and juridical pluralism, among others, and also welcomes those States that are in the midst of ongoing constitutional revision or reform processes. The Forum calls upon all relevant States to review and revise their constitutions and legal frameworks to comprehensively recognize the human rights of indigenous peoples. The Forum recommends that the process of constitutional revision in Member States should be driven by indigenous peoples.
The Permanent Forum recommends that the Governments of Canada and the United States address the border issues, such as those related to the Mohawk Nation and the Haudenosaunee Confederacy, by taking effective measures to implement article 36 of the United Nations Declaration on the Rights of Indigenous Peoples, which states that indigenous peoples divided by international borders have the right to maintain and develop contacts, relations and cooperation with their own members as well as other peoples across borders.
The Permanent Forum recommends that national human rights institutions and commissions address indigenous peoples’ issues and include indigenous experts as members of such bodies.
The Permanent Forum reiterates its previous recommendations that those States that have not already done so adopt or endorse, where applicable, the Convention on the Rights of the Child, ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples.
To meet the major challenges facing indigenous peoples in Africa, the Permanent Forum recommends that the United Nations system and other entities with expertise on indigenous peoples’ issues in the African region support the Working Group on Indigenous Populations/Communities in Africa to promote and protect the rights of indigenous peoples.