Indigenous peoples lack recognition, and face poor implementation of their rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member States of their duty to protect.
Indigenous peoples lack recognition, and face poor implementation of their
rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member
States of their duty to protect.
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.
Indigenous peoples lack recognition, and face poor implementation of their rights and flagrant violations of their rights and their lands, while the need for their free, prior and informed consent and the right to autonomy of self-government is disregarded by local businesses and transnational corporations in mining, logging, and oil and gas extraction, among other sectors. The territories and resources of indigenous peoples are seized and livelihoods are destroyed to the detriment of their knowledge, cultures and languages. In that respect, it is important to remind Member States of their duty to protect.
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 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 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 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.