The Permanent Forum welcomes information from the Government of Bangladesh on progress towards the implementation of the Chittagong Hill Tracts Peace Accord. It calls upon Bangladesh to make further efforts towards full implementation of the Accord through constructive dialogue and cooperation with the Chittagong Hill Tracts Regional Council, the three Hill District Councils and the Chittagong Hill Tracts Land Dispute Resolution Commission.
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 urges States to include indigenous peoples in decision-making processes in all areas of water management, including commercial use, irrigation and environmental management, and to ensure that such decision-making processes are consistent with the principles of the United Nations Declaration on the Rights of Indigenous Peoples, in particular its article 32, under which the free and informed consent of indigenous peoples is required prior to the approval of any project affecting their lands or territories and other resources.
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 calls upon States that have not already done so to engage in constructive partnerships with indigenous peoples to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to adopt specific action plans, strategies or other measures that will deliver required financial and technical assistance to indigenous peoples in order for them to achieve and exercise self-determination.
The Permanent Forum encourages the Government of Paraguay to continue to accept assistance from United Nations agencies and programmes and national cooperation agencies in order to develop policies aimed at the elimination of forced labour and other forms of servitude, especially in matters relating to the most urgent challenges: food, health, housing and education.
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights in cooperation with the Permanent Forum develop a coherent and strategic plan of action in Africa in cooperation with indigenous peoples and their representative organizations, and that the implementation of the programme of the Office of the High Commissioner to strengthen capacity to protect and advocate for the human rights of indigenous peoples be linked to other United Nations bodies, notably the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), the secretariat of the Convention on Biological Diversity, the World Intellectual Property Organization (WIPO), UNESCO and others.
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 Permanent Forum recommends that those responsible for practices of forced labour or other forms of servitude should be prosecuted under Paraguayan law.
The Permanent Forum recommends that States establish, where it does not already exist, a national dialogue with indigenous peoples on human rights, based on the Declaration.
The Forum decides to invite the Special Rapporteur on the human rights and fundamental freedoms of indigenous people and the Special Rapporteurs on the right to education and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health to its seventh session.