The Permanent Forum recommends that all States apply the principles of general comment No. 11 (2009) of the Committee on the Rights of the Child, entitled “Indigenous children and their rights under the Convention”.
During its tenth session, the Permanent Forum emphasized that redefining the relationship between indigenous peoples and the State as an important way to understand the doctrine of discovery and a way to develop a vision of the future for reconciliation, peace and justice. To that end, the United Nations Declaration on the Rights of Indigenous Peoples provides a strong human rights framework and standards for the redress of such false doctrines, notably in articles 3, 28 and 37. The Permanent Forum encourages the conduct of the processes of reconciliation “in accordance with the principles of justice, democracy, and respect for human rights, equality, non-discrimination, good governance and good faith”.
The Permanent Forum encourages CAPI and other indigenous peoples’ organizations to continue to defend the principle of indigenous peoples’ self-determination that they have followed in asserting their own identity, and thus to continue their efforts to reach agreement with the Government on reforms consistent with the Declaration on the Rights of Indigenous Peoples.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that the Human Rights Council authorize at least one more session of the United Nations Working Group on Indigenous Populations so that it can review and, as needed, complete its important work.
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.
On the basis of information received at its second session, the Forum expresses its deep concern about the reported atrocities committed against the Pygmy people in the Democratic Republic of the Congo and the Kuna people of Panama, and atrocities committed against indigenous peoples in other regions of the world. It urges the entire United Nations system as well as the appropriate bodies to take appropriate action.
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.
Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.