The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.
The Permanent Forum recommends that all States apply the principles of general comment No. 11 (2009) of the Committee on the Rights of the Child, entitled “Indigenous children and their rights under the Convention”.
Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
The Permanent Forum encourages CAPI and other indigenous peoples’ organizations to continue to defend the principle of indigenous peoples’ self-determination that they have followed in asserting their own identity, and thus to continue their efforts to reach agreement with the Government on reforms consistent with the Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that the Human Rights Council authorize at least one more session of the United Nations Working Group on Indigenous Populations so that it can review and, as needed, complete its important work.
On the basis of information received at its second session, the Forum expresses its deep concern about the reported atrocities committed against the Pygmy people in the Democratic Republic of the Congo and the Kuna people of Panama, and atrocities committed against indigenous peoples in other regions of the world. It urges the entire United Nations system as well as the appropriate bodies to take appropriate action.
The Permanent Forum invites members of all United Nations human rights treaty bodies, in particular the Committee on the Rights of the Child, to attend the annual sessions of the Permanent Forum, as observers, with the objective of increasing awareness about the distinct human rights and cultural contexts of indigenous peoples so as to enhance their work in relation to indigenous peoples and the Declaration.
The Forum recommends that African States, United Nations agencies and academic institutions undertake studies on the impact of the doctrine of discovery on indigenous peoples of Africa, with a view to creating understanding and awareness.
The Permanent Forum welcomes the study on indigenous peoples and corporations that examined existing mechanisms and policies related to corporations and indigenous peoples and identified good practices. The Forum recommends that best practices of the application of the right of free, prior and informed consent regarding corporations and indigenous peoples be documented and shared.