The Permanent Forum is concerned that legal obligations and commitments and indigenous peoples’ treaties, agreements and other constructive arrangements with States are routinely denied and violated by States. With regard to interventions by indigenous peoples on unresolved land rights, including the Six Nations of the Grand River and others on which the Forum has made specific recommendations in the past, the Forum calls upon States to fairly and equitably redress the long-standing unresolved land rights issues through good-faith negotiations, consistent with the United Nations Declaration and without extinguishing indigenous peoples’ land rights.
The human rights-based approach to development should be operationalized by States, the United Nations system and other intergovernmental organizations, inlcuding the international financial institutions, and should be the framework underpinning the Millennium Development Goals and poverty reduction strategies, programmes and activities. The recognition of indigenous peoples as distinct peoples and the respect for their individual and collective human rights, rights to lands and territories and sustainable use of natural resources are crucial for achieving a just and sustainable solution to the widespread poverty in their midst. Relevant international treaties, such as International Labour Organization (ILO) Convention No. 169, common article 1 of the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, which declares that "no people shall be deprived of its own means of subsistence", as well as bilateral State-indigenous treaties or accords, should be implemented to ensure compliance and implementation
The Permanent Forum urges Member States to include indigenous peoples’ rights in the outcomes of the 2019 Climate Summit called for by the Secretary- General, which will be held on 23 September 2019. The Forum also recommends that States, the United Nations system, indigenous peoples’ organizations and other partners secure funding to ensure the adequate participation of indigenous peoples at the Summit and at the preparatory meetings.
The Permanent Forum welcomes the effort of the Association of Southeast Asian Nations (ASEAN) to establish a regional human rights mechanism and offers its expertise and cooperation in this matter. The Forum recommends that the mechanism be called the “ASEAN Human Rights Commission” and that the commission explicitly recognize indigenous peoples in its terms of reference. We look forward to a strong commission with full investigatory and implementation powers, which uses the United Nations Declaration on the Rights of Indigenous Peoples as its framework in dealing with indigenous peoples’ issues. The Forum also recommends that the commission establish a committee on indigenous peoples in addition to its proposed committees on migrant workers and women and children.
The Permanent Forum calls upon States to ensure that racial non discrimination is guaranteed in their constitutions. The term “racial discrimination” means any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. The Forum calls upon States to adhere to the peremptory norm and the absolute prohibition against racial discrimination as well as all other forms of discrimination, including gender and age.
The Permanent Forum recommends that the Working Group on Indigenous Populations include, at its twenty-fifth session in 2007, under its standard-setting mandate, the development of the principle of free, prior and informed consent of indigenous peoples.