The Permanent Forum recalls paragraph 41 in its report on its twelfth session (E/2013/43-E/C.19/2013/25) and reaffirms that States should establish a monitoring mechanism to address violence against indigenous peoples, including assassinations, assassination attempts, rapes and other intimidation and persecution against indigenous human rights defenders. Furthermore, with regard to article 22 of the United Nations Declaration on the Rights of Indigenous Peoples, the Forum recommends that such monitoring mechanisms address the issue of missing and murdered indigenous women, and that measures be taken to ensure the full protection of indigenous women against all forms of violence.
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
The Forum recommends that courts and judicial bodies take urgent step to ensure the protection of indigenous peoples from threats of the use of physical violence by Governments or paramilitary groups controlled by Governments and non-State actors
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).
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
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.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
The Permanent Forum recommends that the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertake a study on the implications of national security and anti-terrorist laws, policies and programmes for indigenous peoples and make recommendations on the human rights of indigenous peoples.
The Permanent Forum recommends that the Working Group on Access and Benefit Sharing of the Convention on Biological Diversity recognize the rights of indigenous peoples over the biological and genetic resources of their own territories.