The Permanent Forum urges the Government of Kenya to implement the recommendations of the African Commission on Human and Peoples’ Rights on the rights of Endorois to the ownership of their ancestral lands, to the restitution thereof and to compensation in that connection.
The Permanent Forum has decided to appoint members of the Forum, Megan Davis, Simon William M’Viboudoulou, Valmaine Toki, Paul Kanyinke Sena, Edward John, Álvaro Esteban Pop Ac and Raja Devasish Roy, to conduct a study on national constitutions and the United Nations Declaration on the Rights of Indigenous Peoples, with a view to assessing the nature and extent of the inclusion of indigenous peoples’ human rights in national constitutions, with reference to the rights affirmed in the Declaration, to be submitted to the eleventh session of the Permanent Forum in 2012.
The Permanent Forum recommends that the Plurinational State of Bolivia should speed up implementation of the constitutional provisions regarding the freeing of individuals, families and communities in the light of the fact that forced labour and servitude are serious human rights violations that must be addressed with great urgency.
With reference to article 42 of the United Nations Declaration, the Permanent Forum invites African States, in particular Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Mali, Nigeria and Rwanda, to present, at its sixteenth session, information on the situation of indigenous peoples affected by conflict in those countries.
The Permanent Forum decides to hold an international expert group meeting to discuss in greater detail the way in which the Forum should address its mandate under article 42 of the Declaration.
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).