The Permanent Forum remains concerned about continuing human rights violations, including arbitrary killings and extrajudicial executions, throughout northeastern India. It echoes the call of indigenous peoples (scheduled tribes) of the region and urges India to repeal the Armed Forces Special Powers Act of 1958, investigate alleged human rights abuses in the region and hold those responsible to account.
The Permanent Forum recommends that States ensure access to justice for indigenous peoples, including indigenous women, through formal justice institutions, national human rights institutions and other forms of redress or recourse, all while taking into account indigenous peoples’ customary laws, institutions and processes, consistent with articles 21, 22 and 34 of the Declaration.
The Permanent Forum recalls its previous recommendations on the progress of the implementation of the Chittagong Hill Tracts Peace Accord and calls upon the Government of Bangladesh to take appropriate steps in this regard on an urgent basis. In particular, the Forum urges the Government to frame rules for the Chittagong Hill Tracts Land Disputes Resolution Commission and to generate ethnically disaggregated data, including for the national census of 2021.
With regard to the development of national action plans, as committed to by Member States at the World Conference on Indigenous Peoples, the Permanent Forum welcomes the adoption by the Government of El Salvador of a national action plan and encourages its full and effective implementation. The Forum strongly urges other States to follow this good practice and develop their own national action plans for the full implementation of the Declaration. The Forum also encourages States to review recommendations made at past sessions, renew efforts at their implementation and report on progress made by 2021. The Forum invites the United Nations system to support the efforts of Member States in this regard.
The Permanent Forum urges States to recognize and protect indigenous peoples’ cultural right to water and, through legislation and policy, to support the right of indigenous peoples to hunt and gather food resources from waters used for cultural, economic and commercial purposes. This is consistent with article 25 of the United Nations Declaration on the Rights of Indigenous Peoples.
Consistent with articles 7 and 30 of the United Nations Declaration, States should take measures for settlement, protection and security in the post-conflict period, and for the construction of durable and lasting peace, promoting the full and effective inclusion of indigenous peoples, including indigenous women, in any initiative for peace and reconciliation.
The Permanent Forum recommends that States take steps to establish truth commissions in situations of reported gross violations of the human rights of indigenous peoples. The Forum underlines that the full and effective participation of affected indigenous peoples is a precondition for the establishment and work of truth commissions.
The Permanent Forum recommends that the relevant treaty bodies take into account the Declaration and urges States to include information regarding its implementation in their reports to the universal periodic review of the Human Rights Council.
The Permanent Forum recommends that staff in country offices as well as those who work on specific countries from their own headquarters ensure the full participation of indigenous peoples in conducting evaluations under the United Nations Development Assistance Framework, as recommended in the 2004 framework.
The Permanent Forum takes note of the Deatnu (Tana/Teno) river fishing agreement between the Governments of Finland and Norway that was adopted by their respective Parliaments in March 2017. The Sami Parliaments of Finland and Norway have informed the Forum that the agreement was adopted without the free, prior and informed consent of the Sami. The Forum requests the Governments of Finland and Norway to renegotiate the agreement with the full and effective participation of Sami rights holders.
The Permanent Forum recalls its recommendations contained in paragraphs 52, 54, 55 and 58 of the report on its seventh session (ibid., chap. I, sect. B) and expresses concern for the human rights of indigenous peoples in the context of Non Self-Governing Territory issues and those seeking reinscription as a Non-Self-Governing Territory, and calls upon the Special Rapporteur on the rights of indigenous peoples and other mandate holders to examine and report on the impact on the human rights of those indigenous peoples in that regard.
The Permanent Forum on Indigenous Issues recommends that Member States implement precautionary measures and recommendations provided by the
Inter-American Commission on Human Rights, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum, to prevent irreparable harm to indigenous peoples, their authorities and indigenous organizations.