The Permanent Forum is concerned by the killings, violence and harassment targeted at indigenous human rights defenders, which are also frequently committed with impunity. The Permanent Forum is concerned that, despite international condemnation, these criminal acts of violence persist, especially in a small number of countries in South and Central America, Africa and Asia.
The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers.
The lack of recognition of Indigenous Peoples violates their right to self-determination. Their legal recognition should be aligned with the United Nations Declaration on the Rights of Indigenous Peoples and the report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights.1 The Permanent Forum invites African Governments to join groups of friends of Indigenous Peoples.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.
The Permanent Forum recommends that the Commission on Human Rights adopt creative methods of work, with particular regard for the full and effective participation of indigenous peoples, including the appointment of an indigenous Co-Chair of the working group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214
The Permanent Forum welcomes the announcement by New Zealand to endorse the United Nations Declaration on the Rights of Indigenous Peoples and the announcement by the United States of America that it will review its position on the Declaration. It also welcomes the indication by Canada in the 2010 Speech from the Throne that it will take steps to endorse the Declaration. The Forum recommends that the United States and Canada expedite their commitments made to endorse the Declaration
Many States have established mechanisms to protect human rights. However, the Permanent Forum is concerned that such mechanisms might prioritize individual rights over collective rights. It calls upon States, in cooperation with national human rights institutions, to comply with their commitments made in the outcome document of the 2014 World Conference on Indigenous Peoples, with the aim of achieving the full enforcement of the collective rights of indigenous peoples.
The Permanent Forum recommends that the International Labour Organization (ILO), the World Bank, the Food and Agriculture Organization of the United Nations (FAO) and other relevant United Nations system agencies, in cooperation with the Permanent Forum, study and summarize practices regarding the implementation of free, prior and informed consent globally, that they widely disseminate successful experiences and that they present their findings to the Permanent Forum at its twenty - fourth session, to be held in 2025.
Recalling the study on decolonization of the Pacific region (see E/C.19/2013/12), the Permanent Forum invites the relevant States to provide information on the status of the situation of the indigenous peoples concerned to the Permanent Forum at its sixteenth session.