Urgent transformational actions by States and other development actors for Indigenous Peoples must be based on a human rights framework enabling the identification of the root causes of inequality and providing mechanisms to tackle systemic discrimination and racism and must contribute to reforming discriminatory laws and policies and strengthening the accountability of States, including ensuring democratic space for all.
The Permanent Forum appoints Mr. Michael Dodson, a member of the Forum, as a special rapporteur to prepare a draft guide, based on the relevant principles contained in the Declaration on the Rights of INdigenous Peoples, taking into account the provisions of ILO Convention 169 that relate to indigenous land tenure and management arrangements, to assist indigenous peoples, States and United Nations agencies in negotiating indigenous land tenure and management arrangements.
The Permanent Forum recalls its invitation to the Committee on Economic, Social and Cultural Rights to initiate a general comment on the collective rights of indigenous peoples to lands, territories and natural resources. The Forum welcomes the decision of the Committee to draft a general comment on land and economic, social and cultural rights. However, the Forum expresses its concern about the limited participation of indigenous peoples in the drafting of the general comment and invites the Committee to consider facilitating the participation of indigenous peoples. The Forum also invites the United Nations Voluntary Fund for Indigenous Peoples to provide support in this regard.
The Permanent Forum welcomes the recent entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Forum encourages Member States to accede to the Optional Protocol and requests the Committee on Economic, Social and Cultural Rights to consider the preparation of a general comment on the economic, social and cultural rights of indigenous peoples.
The Permanent Forum welcomes the lively and analytical dialogue that emerged from the half-day discussion on the African region and encourages the United Nations Development Group to facilitate further dialogue between States and indigenous peoples at the African continental level to foster better understanding of the United Nations Declaration on the Rights of Indigenous Peoples and the commitments to indigenous peoples that Member States have made. Within this framework, capacity-building at the national level should be enhanced.
The Permanent Forum recommends that Governments, bilateral and multilateral donor and development agencies and other development partners responsible for or assisting in the implementation of sectoral strategies or other programmes affecting lands owned, occupied or otherwise used by indigenous peoples review the consistency of such strategies and programmes with internationally recognized standards for the protection of the rights of indigenous peoples and the impact of such strategies and programmes on indigenous communities and report to the Permanent Forum at its seventh session in 2008 on the results of these reviews and on any strategies adopted to address the challenges they might identify.
The Permanent Forum decides to extend the mandate of the Special Rapporteurs on indigenous peoples and corporations, Carlos Mamani Condori, Elisa Canqui Mollo and Pavel Sulyandziga, for one year, and requests them to submit a written report to the Forum at its ninth session, in 2010.
The Permanent Forum recommends that the United Nations Multidimensional Integrated Stabilization Mission in Mali, the African Union and the European Union establish special mechanisms for the protection of indigenous peoples in areas of conflict and high insecurity in the countries of the Sahel and Sahara region, in particular Tuaregs in Mali and Libya.
The Permanent Forum invites members of all United Nations human rights treaty bodies, in particular the Committee on the Rights of the Child, to attend the annual sessions of the Permanent Forum, as observers, with the objective of increasing awareness about the distinct human rights and cultural contexts of indigenous peoples so as to enhance their work in relation to indigenous peoples and the Declaration.
The Permanent Forum thanks the Government of Colombia for its support during the Forum mission to Colombia and requests that the Government, the United Nations country team and the United Nations agencies involved in the mission implement the recommendations contained in the mission report (E/C.19/2011/3) through consultation and full collaboration with the indigenous peoples concerned. The Permanent Forum intends to assess the implementation of the recommendations at its eleventh session.
The Forum urges the meeting of chairpersons of the human rights treaty bodies and the meeting of the special rapporteurs and other mechanisms of the Commission on Human Rights organized by the Office of the High Commissioner to place indigenous peoples, including indigenous women, on their agenda and invite the Forum to participate.
The Permanent Forum urges all States to commit to a process, with the participation of indigenous peoples, responding to the country reports of all United Nations special rapporteurs, including:
(a) Providing a written response to the rapporteur’s report, submitted to the Human Rights Council, within six months of the report’s issuance. The response should outline the State process for implementing the recommendations of the report;
(b) Developing and publicly promoting a strategy to implement the recommendations of the report within 12 months of its issuance;
(c) Providing annual updates of the rapporteur’s report detailing the implementation of the strategy until such time as the rapporteur conducts a new visit to the State in question, or until that State undergoes a universal periodic review.