The Permanent Forum appreciates the efforts made by the United Nations Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries, which comprises the Food and Agriculture Organization of the United Nations, the United Nations Environment Programme and the United Nations Development Programme, to inform, consult and involve indigenous peoples in United Nations activities relating to reducing emissions from deforestation and forest degradation and encourages them to further consolidate the partnership
The Permanent Forum calls upon States and corporations to fully recognize the presence and effective participation of indigenous peoples in all negotiation processes relating to the entry of extractive industries, infrastructure projects and other development projects into their communities, consistent with the United Nations Declaration on the Rights of Indigenous Peoples, inter alia, articles 19, 23 and 32. Furthermore, the Forum calls upon all relevant actors to ensure the application of culturally relevant, gender-balanced and gender-based analysis and gender budgeting as critical elements of economic and social development, consistent with articles 21 and 44 of the Declaration.
The Permanent Forum encourages analysis by States, the specialized agencies, academics, indigenous peoples and their organizations of the implementation of free, prior and informed consent principles and mechanisms regarding projects on indigenous lands and territories, and encourages them to submit such analyses to the Permanent Forum for consolidation and to identify good practices and barriers.
The lack of effective recognition of the indigenous justice systems by State institutions, as well as the ongoing discrimination against them in the State justice system and inadequate access to redress and reparation, are among the key challenges faced by indigenous peoples around the world. Strengthened support for indigenous justice systems is key to promoting human rights, the rule of law, the achievement of justice for all and the promotion of effective, accountable and inclusive institutions, as set out in Goal 16.
The Permanent Forum recommends that the Working Group on Indigenous Populations include, at its twenty-fifth session in 2007, under its standard-setting mandate, the development of the principle of free, prior and informed consent of indigenous peoples.
The Permanent Forum welcomes the adoption of the American Declaration on the Rights of Indigenous Peoples by the Organization of American States on 15 June 2016. The Forum calls upon States to implement the American Declaration in order to advance the rights of indigenous peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and other human rights instruments.
The Permanent Forum is concerned that legal obligations and commitments and indigenous peoples’ treaties, agreements and other constructive arrangements with States are routinely denied and violated by States. With regard to interventions by indigenous peoples on unresolved land rights, including the Six Nations of the Grand River and others on which the Forum has made specific recommendations in the past, the Forum calls upon States to fairly and equitably redress the long-standing unresolved land rights issues through good-faith negotiations, consistent with the United Nations Declaration and without extinguishing indigenous peoples’ land rights.