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 welcomes the legal reforms and policies carried out in some States to recognize the right of indigenous peoples to food and food sovereignty. It would also like to encourage the remaining States to take the steps towards its recognition. The Permanent Forum encourages States to take positive actions to facilitate the capacity of indigenous peoples to strengthen traditional food systems, such as formally recognizing and demarcating indigenous territories to enable them to carry out productive food activities, in accordance with article
8 (2) (b) of the Declaration, which prohibits States from any action that has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources.
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 relation to the preparation for the high-level plenary meeting/World Conference, the Permanent Forum welcomes the study entitled “Rights of indigenous peoples: achievements and challenges in the Latin American countries”, prepared by the Economic Commission for Latin America and the Caribbean in collaboration with indigenous peoples, and encourages States, agencies and regional commissions to undertake similar studies.
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 has decided to appoint Saul Vicente Vásquez, a member of the Forum, to conduct a study on extractive industries in Mexico and the situation of indigenous peoples in the territories in which these industries are located.
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.