The Permanent Forum recalls that, to ensure effective implementation, the Guiding Principles on Business and Human Rights must be aligned with the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, and the jurisprudence of the human rights treaty bodies. Furthermore, the Permanent Forum recognizes the work of the Human Rights Council to develop an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. In that respect, the Permanent Forum stresses the need to ensure that the new instrument affirms indigenous peoples’ rights, including with regard to free, prior and informed consent. The Permanent Forum recommends that this instrument explicitly define due diligence processes and their specific methods of implementation. Therefore, the Permanent Forum underlines the importance of full and effective participation by indigenous peoples throughout the development of the instrument.
The Forum welcomes the participation and perspective of indigenous women and girls with disabilities, recognizes the distinct vulnerability and marginalization that such indigenous individuals encounter as members of an indigenous group, and encourages United Nations agencies, and Governments and organizations, to include their views.
The Permanent Forum recommends that States take effective measures to halt land alienation in indigenous territories, for example, through a moratorium on the sale and registration of land, including the granting of land and other concessions in areas occupied by indigenous peoples, and also to assist indigenous communities, where appropriate, to register as legal entities.
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.
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), and given that the situation of the indigenous peoples of the Chittagong Hill Tracts remains a matter of concern, the Forum encourages the Government of Bangladesh to allocate sufficient human and financial resources and set a time frame for the full implementation of the Accord.
The Forum, taking note with appreciation of the conclusions and
recommendations of the United Nations Human Settlements Programme (UNHabitat) and the Office of the United Nations High Commissioner for Human Rights joint publication entitled “Indigenous peoples’ right to adequate housing: a global overview”, recommends that UN-Habitat, jointly with the Office of the High Commissioner, organize an expert group meeting in 2006 to review the status of progress on indigenous peoples’ housing rights globally and identify and document best practices, and report on the outcome and recommendations of the meeting to the Forum at its sixth session.
Consistent with article 10 of the United Nations Declaration, the Permanent Forum calls upon Member States and human rights institutions to consider examining, in conjunction with the Special Rapporteur on the rights of indigenous peoples and other mandate holders, the forced relocation of indigenous communities.
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.
The Permanent Forum urges States to promote and protect the rights of indigenous women and men working as journalists, communicators and as human rights defenders in accordance with international human rights law, in particular in accordance with article 16 of the Declaration, which calls for the full freedom of expression of indigenous peoples.
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.