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).
The Permanent Forum recommends that the Committee on the Elimination of All Forms of Racial Discrimination and relevant special rapporteurs working in the field of human rights review the implementation of their recommendations and provide reports to the Permanent Forum at its seventh session regarding their interactions with relevant States and indigenous peoples and activate, with OHCHR, when necessary, United Nations inter-agency and inter-department early warning procedures and rapid response mechanisms.
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 Forum welcomes and supports Commission on Human Rights decision 2003/117 of 24 April 2003 to hold a seminar on treaties, agreements and other constructive arrangements between indigenous peoples and States, as a follow-up to the United Nations treaty study final report.
E/CN.4/Sub.2/1999/20.
The Permanent Forum welcomes the results of the 2018 High-level Expert Seminar on Indigenous Food Systems, in particular the creation of an online global hub on indigenous food systems, and would like to recommend that the Food and Agriculture Organization of the United Nations (FAO) continue work on: (a) Indigenous young people towards the creation of a forum on indigenous young people in the coming years; (b) Indigenous food systems, in particular in relation to the links with traditional knowledge, climate change and the respect of indigenous peoples’ rights to their lands, territories and resources; (c) Indigenous women (the global campaign on indigenous women and the leadership and food security schools for indigenous women).
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights and relevant United Nations agencies and organs establish specific units for indigenous peoples’ issues to contribute to the implementation of the Declaration in accordance with its articles 41 and 42.
The Permanent Forum takes note of the 2009 report of the ILO Committee of Experts on the Application of Conventions and Recommendations, particularly the general observation, and the nine individual observations on implementation of ILO Convention No. 169 on indigenous and tribal peoples. The Forum welcomes the increased attention paid by the Committee to ILO Convention No. 169 and calls upon the Committee to fully incorporate the United Nations Declaration on the Rights of Indigenous Peoples in its individual observations as a source of interpretation of the Convention.
The Permanent Forum recognizes that it is important that the Human Rights Council continues to effectively address indigenous peoples’ issues as human rights issues. The Permanent Forum decides to appoint Ms. Ida Nicolaisen and Mr. Wilton Littlechild to undertake a study on the structures, procedures and mechanisms that presently exist and that might be established to effectively address the human rights situation of indigenous peoples, to arrange for indigenous representation and inclusion in such structures, procedures and mechanisms and to submit a report on the subject to the Permanent Forum by 31 December 2007.
The Permanent Forum reiterates its concern about information brought to its attention on continuing violations of human rights of indigenous peoples in various parts of the world, and calls upon all States to fully implement their obligations under the international human rights and humanitarian instruments. The Forum reiterates its call on States to recognize the rights of indigenous peoples constitutionally and legally, to strengthen their institutions for the promotion and protection of the human rights of indigenous peoples and to enhance awareness-raising and capacity-building efforts for government officials.