The Permanent Forum notes the progress made by the UNDP Regional Initiative on Indigenous Peoples’ Rights and Development and the ILO Programme to Promote ILO Convention No. 169 (PRO-169) projects in the promotion and protection of the rights of indigenous peoples. The Forum welcomes the decision by UNDP to establish a similar programme in Latin America and calls on UNDP to expand its activities in this manner in Africa.
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.
The Permanent Forum decides to extend the mandate of the Special Rapporteurs on indigenous peoples and corporations, Carlos Mamani Condori, Elisa Canqui Mollo and Pavel Sulyandziga, for one year, and requests them to submit a written report to the Forum at its ninth session, in 2010.
The Permanent Forum affirms that the United Nations Declaration on the Rights of Indigenous Peoples will be its legal framework. The Permanent Forum will therefore ensure that the Declaration is integrated in its own recommendations on the seven substantive mandated areas — economic and social development, environment, health, education, culture, human rights and the implementation of the Declaration — as well as in the Forum’s work under the special theme for each session and in its ongoing themes and priorities.
Urgent transformational actions by States and other development actors for Indigenous Peoples must be based on a human rights framework enabling the identification of the root causes of inequality and providing mechanisms to tackle systemic discrimination and racism and must contribute to reforming discriminatory laws and policies and strengthening the accountability of States, including ensuring democratic space for all.
The Permanent Forum recommends that the United Nations Multidimensional Integrated Stabilization Mission in Mali, the African Union and the European Union establish special mechanisms for the protection of indigenous peoples in areas of conflict and high insecurity in the countries of the Sahel and Sahara region, in particular Tuaregs in Mali and Libya.
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 recalls its invitation to the Committee on Economic, Social and Cultural Rights to initiate a general comment on the collective rights of indigenous peoples to lands, territories and natural resources. The Forum welcomes the decision of the Committee to draft a general comment on land and economic, social and cultural rights. However, the Forum expresses its concern about the limited participation of indigenous peoples in the drafting of the general comment and invites the Committee to consider facilitating the participation of indigenous peoples. The Forum also invites the United Nations Voluntary Fund for Indigenous Peoples to provide support in this regard.
The Permanent Forum welcomes the initiatives of national human rights institutions, such as those from Malaysia, Indonesia and Bangladesh, and encourages other human rights institutions to conduct national inquiries on the rights of indigenous peoples to their lands, territories and resources.
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
The Permanent Forum welcomes the lively and analytical dialogue that emerged from the half-day discussion on the African region and encourages the United Nations Development Group to facilitate further dialogue between States and indigenous peoples at the African continental level to foster better understanding of the United Nations Declaration on the Rights of Indigenous Peoples and the commitments to indigenous peoples that Member States have made. Within this framework, capacity-building at the national level should be enhanced.
The Forum recommends that the agencies and bodies of the United Nations, the World Bank, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank and the International Monetary Fund rethink the concept of development, with the full participation of indigenous peoples in development processes, taking into account the rights of indigenous peoples and the practices of their traditional knowledge.