The Permanent Forum welcomes the increased cooperation between itself and the Special Rapporteur on the human rights and fundamental freedoms of indigenous people and strongly recommends that the Human Rights Council maintain the mandate of the Special Rapporteur.
Post-pandemic recovery efforts have exacerbated human rights violations against indigenous peoples across Asia. Governments have used economic recovery plans as a justification to seize indigenous lands for the purposes of resource extraction, and indigenous environmental defenders are often threatened and arrested. The Permanent Forum calls on Member States to guarantee the principles of free, prior and informed consent throughout its post-pandemic recovery efforts to ensure that the socioeconomic development of indigenous territories is implemented in full cooperation with indigenous peoples.
The Forum underlines the importance for country-specific special rapporteurs, thematic special rapporteurs, experts and representatives of the Commission on Human Rights to pay special attention to the situation of indigenous peoples in their respective fields.
The Permanent Forum on Indigenous Issues has analysed and discussed indigenous fishing rights in the seas on the basis of a report submitted by the Special Rapporteurs. As a result of those discussions, the Forum considers the protection of the material basis of the culture of indigenous peoples to be a part of international law that should be applied also to fishing rights in the seas, and recommends that States in which indigenous peoples live in coastal areas recognize indigenous peoples’ right to fish in the seas on the basis of historical use and international law. In that context, the Forum notes the ongoing consultations between the Government of Norway and the Sami Parliament and recommends that the Government recognize the right of the coastal Sami to fish in the seas on the basis of historical use and international law.
The Forum invites the Commission on Human Rights to recommend that the Special Rapporteur on the human rights of migrants and their families incorporate in her report the situation of indigenous migrants, especially indigenous women and children
The Permanent Forum acknowledges the signing of the peace accord in Colombia and the efforts to implement it. The Forum takes note of Colombia’s statement at the eighteenth session of the Forum on the need to protect the lives and integrity of indigenous human rights defenders. The Forum is, however, deeply concerned that killings of indigenous leaders have been increasing. The Forum urges the Government of Colombia to intensify its efforts to provide effective measures to prevent further attacks and to ensure peace and security for indigenous human right defenders and leaders.
The Constitution of Nepal has provisions for special, protected and autonomous regions for Indigenous Peoples. The Permanent Forum welcomes further progress towards realizing the provisions of the Constitution, including by considering the recommendations of the Committee on the Elimination of Racial Discrimination and of the Committee on the Elimination of Discrimination against Women to Nepal in 2018 on respect for Indigenous Peoples’ rights to their traditional lands and resources and to self-determination.
The Durban Review Conference welcomed the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, which should be used to combat racism against indigenous peoples. The Permanent Forum on Indigenous Issues decides to have a half-day session on the theme of “Addressing the elimination of racism against indigenous peoples”. This session will be held during the 2011 meeting of the Permanent Forum.
The Permanent Forum appreciates the invitation to participate in the Second Continental Summit of Indigenous Communication, to be held in Oaxaca, Mexico, in 2013 and recommends that Forum members Saul Vicente Vazquez and Alvaro Pop attend the Summit.
The Permanent Forum recommends that Paraguay should propose the negotiation of international agreements for protection of the rights of indigenous peoples with the other States of the Chaco region — the Plurinational State of Bolivia, Argentina and Brazil — and particularly with the Plurinational State of Bolivia with a view to the latter’s development of additional policies aimed at the freeing of individuals, the recovery of land and the rebuilding of peoples.
As a result of the dialogue between the expert members of the Permanent Forum and Member States, the Forum recommends that all Member States:
(a) Prepare, for the Forum at its sixteenth session, reports on the implementation of the United Nations Declaration in their countries, with a focus on progress and outstanding issues, in particular in relation to legislative measures;
(b) In recognition of the tenth anniversary of the adoption of the United Nations Declaration, organize activities to commemorate the adoption at various levels, from local to national, including to raise public awareness of the Declaration and the progress achieved.