In this connection, and in respect of articles 41 and 42 of the Declaration, the Permanent Forum trusts that, at its ninety-eighth session, in 2009, the Conference Committee on the Application of Standards of the International Labour Conference will pay due attention to the cases of violation of ILO Convention No. 169, which have been signalled by the Committee of Experts, in the light of the Declaration, and urges States to respond promptly to the reports of the Committee of Experts.
The Permanent Forum recommends that relevant States recognize indigenous peoples’ right to prior, free and informed consent and provide support mechanisms for involuntarily displaced indigenous peoples to be able to return to their original communities, including appropriate forms of repatriation, compensation and restitution and provision for the sustainable livelihoods of those peoples.
Furthermore, States should strengthen measures, systems and resources to effectively address all forms of violence against indigenous women, such as female genital mutilation; child marriage; sexual abuse; forced labour; modern slavery; domestic, institutional and political violence, including in the context of forced displacement; sexual exploitation; trafficking; armed conflict; and the militarization of indigenous lands and territories.
The religious, spiritual and cultural sites of indigenous peoples, including the Ktunaxa Nation in Canada, the Aboriginal people of Australia, the Maya of Guatemala and the Amazigh peoples, continue to face destruction. This has profoundly negative impacts on indigenous peoples, including affecting their sacred practices. Consistent with articles 11, 12, 13, 19, 25, 31 and 32 of the United Nations Declaration and paragraphs 20 and 27 of the outcome document of the World Conference on Indigenous Peoples, the Permanent Forum recommends that, in their national action plans, strategies and other measures, States:
(a) Take effective measures to ensure that indigenous peoples’ spiritual and cultural sites are protected;
(b) Ensure that, consistent with article 32 of the United Nations Declaration, indigenous peoples are not forced to defend these rights against proposed development projects or through litigation in courts;
(c) Actively resolve disputes directly with indigenous peoples, consistent with article 19 of the United Nations Declaration, given that these rights constitute critical elements of the survival, dignity and well-being of indigenous peoples.
The Permanent Forum urges all States, when addressing situations of violence and abuse within indigenous communities, to do so on a non-discriminatory basis and consistent with human rights standards, the principle of free, prior and informed consent, and the full and effective participation of the indigenous peoples concerned.ries, sacred sites and indigenous peoples’ conservation activities.
The Permanent Forum recommends that the Ad Hoc Working Group on Access and Benefit-sharing consider at its next meeting the report of the international indigenous and local community consultation on access and benefit-sharing and the development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).
The Permanent Forum reiterates its grave concerns about the situation of indigenous human rights defenders who continue to be harassed, criminalized, prosecuted or even killed for exercising their legitimate rights to protect their lands, territories and resources, especially in the context and activities of extractive industries. The Forum calls upon Member States to take a zero-tolerance approach to violence against indigenous human rights defenders, to develop and implement all measures necessary to respect and protect indigenous human rights defenders, to duly investigate any act against them and to prosecute those responsible to the full extent of the law.
The Forum calls upon the United Nations Development Program to develop an indigenous peoples-specific development index by country to take into account the social conditions and human rights situation of indigenous peoples
The Permanent Forum recommends that the Human Rights Council update and complete the United Nations study on treaties, agreements and other constructive arrangements between States and indigenous populations, including the possible appointment of a rapporteur to carry out this task and to provide regular reports to the Human Rights Council, the Permanent Forum and other appropriate bodies.
The Permanent Forum recommends that FAO and the International Fund for Agricultural Development (IFAD) provide special attention and support to food sovereignty and security concerns of indigenous peoples through thematic studies, the adoption of participatory methodologies, and technical and financial assistance.
The Permanent Forum urges the Governments of Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia regions to implement international standards and norms on the rights of indigenous peoples and ensure their rights to lands, territories and resources, in particular article 20 of the Declaration. This includes recognizing reindeer herders’ use and management of grazing land and use of necessary biological resources by hunters, fishers and foragers.
Foster the training of indigenous women in order to gain leadership skills to become community advocates and defenders for indigenous women's rights to achieve gender equity