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.
Building upon the study prepared by members of the Permanent Forum on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with respect to the full enjoyment of human rights and inclusion in development (see E/C.19/2013/6), and in the light of the call in the 2030 Agenda for Sustainable Development to “leave no one behind”, the Forum is concerned that the experiences and rights of indigenous persons with disabilities require further study and examination. In that regard, the Forum calls upon the secretariat of the Convention on the Rights of Persons with Disabilities, as the focal point within the United Nations system on matters relating to disability, to conduct a qualitative study with regard to indigenous persons with disabilities, in all seven regions of the world.
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 Constitution of Nepal has provisions for special, protected and autonomous regions for Indigenous Peoples. The Permanent Forum welcomes further progress towards realizing the provisions of the Constitution, including by considering the recommendations of the Committee on the Elimination of Racial Discrimination and of the Committee on the Elimination of Discrimination against Women to Nepal in 2018 on respect for Indigenous Peoples’ rights to their traditional lands and resources and to self-determination.
The Permanent Forum recommends that United Nations human rights mechanisms examine the plight of indigenous peoples from French Polynesia, Guam and the Marshall Islands who have been victims of the effects of nuclear testing in the Pacific.
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 recommends that Paraguay should propose the negotiation of international agreements for protection of the rights of indigenous peoples with the other States of the Chaco region — the Plurinational State of Bolivia, Argentina and Brazil — and particularly with the Plurinational State of Bolivia with a view to the latter’s development of additional policies aimed at the freeing of individuals, the recovery of land and the rebuilding of peoples.
The Forum recommends that the Department of Peacekeeping Operations of the United Nations Secretariat establish a policy on indigenous peoples, in consultation with indigenous peoples
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 welcomes the increased cooperation between itself and the Special Rapporteur on the human rights and fundamental freedoms of indigenous people and strongly recommends that the Human Rights Council maintain the mandate of the Special Rapporteur.
The Permanent Forum recommends that the Pacific Islands Forum create a mechanism for contributions by and participation of indigenous peoples’ representatives in its meetings and related structures and activities.
The Forum underlines the importance for country-specific special rapporteurs, thematic special rapporteurs, experts and representatives of the Commission on Human Rights to pay special attention to the situation of indigenous peoples in their respective fields.