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 in the case of projects affecting indigenous peoples, States ensure that transnational corporations and other business enterprises comply with specific standards contained in the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169.
The Permanent Forum considers climate change to be a driver of insecurity, exacerbating conflicts over lands, territories and resources. The Forum calls upon the Security Council to consider indigenous peoples as partners. Close consultation with indigenous peoples is required to ensure the respect of the rights of indigenous peoples in conflict and post-conflict situations.
The Permanent Forum recommends to ILO and its Governing Body that a technical expert meeting be organized to consider the drafting of a recommendation to supplement the Indigenous and Tribal Peoples Convention.
In reference to the study by Mr. John and Ms. Dorough on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law, the Permanent Forum recommends that all funds, programmes and specialized agencies of the United Nations system and other intergovernmental forums begin to reform their respective procedural rules, with the full and effective participation of indigenous peoples, with the aim of ensuring compliance and consistency with the human rights affirmed in the Declaration.
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”.
Furthermore, the Permanent Forum urges those States that have abstained to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum urges the funds, programmes and agencies of the United Nations system to cooperate with States and indigenous peoples in the development and implementation of national action plans, strategies and other measures that aim to achieve the ends of the Declaration, including by providing support for the advancement and adjudication of the collective rights of indigenous peoples to their lands, territories and resources.