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.
The Permanent Forum recommends that the Working Group on Access and Benefit Sharing of the Convention on Biological Diversity recognize the rights of indigenous peoples over the biological and genetic resources of their own territories.
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 reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum hails the adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly. The 13th of September 2007 is a historic day for the United Nations, indigenous peoples and States and marks the beginning of a new era of renewed partnerships for the promotion and protection of the human rights of all indigenous peoples and each indigenous person around the world. The Forum notes its new responsibility under the Declaration and pledges its commitment to making it a living document throughout its work. The Forum thus invites the international community as a whole, States, indigenous peoples, non-governmental organizations, the private sector, academia and the media to promote the Declaration and apply it in their policies and programmes for the improvement of indigenous peoples’ well-being around the world
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.