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
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.
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 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.
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.