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 reminds States that the implementation of the United Nations Declaration provides a common framework for reconciliation, justice, healing and peace. Each State has a prime responsibility and duty to protect, promote and implement all human rights, consistent with the Charter of the United Nations and international human rights law. Furthermore, all forms of discrimination must be avoided.
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.
The Permanent Forum reiterates the need for States to address the impact of militarization, including suppressing constitutional guarantees, appropriation of land, forcible occupation and displacement, on the land, territorial and other collective rights of indigenous peoples, perpetrated by security forces, including the military, militias and other armed groups.
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 is concerned that, in their efforts to achieve the Sustainable Development Goals, Member States are not complying with the Declaration. In one case, the Committee on the Elimination of Racial Discrimination requested that Norway temporarily suspend the ongoing construction of the Fosen Vind onshore wind power project, which negatively affects the reindeer herding of the South Sami people. The Government of Norway, having concluded that its administrative and legal processes were sufficient, did not implement the interim measures. The Forum urges Member States to respect and comply with decisions made by the United Nations treaty bodies.
The Permanent Forum recommends that all States that have introduced changes to existing indigenous land management regimes invite the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people to undertake a study of those regimes and assess them against the principles contained in the Declaration on the Rights of Indigenous Peoples.
The Permanent Forum appoints Irma Pineda Santiago and Símon Freddy Condo Riveros, members of the Forum, to conduct a study on collective intellectual property and the appropriation of the ideas and creations of indigenous peoples, and to present that study to the Forum at its twenty-first session.
The Permanent Forum recommends that the Human Rights Council mandate the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with the contribution of the United Nations Special Rapporteur on the rights of indigenous peoples, to undertake a study on incarceration, deaths in custody and indigenous peoples