The Permanent Forum recommends that non-governmental organizations, indigenous peoples’ organizations and academics undertake independent studies and investigations into the violations of indigenous peoples’ land rights through illegal land expropriation and exploitation and into the issue of land, forestry, tourism and mining concessions, including:(a)Recommendations on how the rights of indigenous peoples can be legally protected;(b)The degree to which Governments ensure free, prior and informed consent of indigenous peoples in the approval of land concessions and mining exploration licences over their traditional lands and forests;(c)The role of other States in the promotion of agri-business and extractive industries without the free, prior and informed consent of indigenous peoples;(d)The role of multinational agri-business and extractive industries; specifically, whether corporate social responsibilities have been fulfilled and social and environmental impact assessments have been undertaken prior to the commencement of development projects.
The Permanent Forum heard reports from Māori Indigenous Peoples that the Government of New Zealand had departed from the principles of Te Tiriti o Waitangi (Treaty of Waitangi) and taken measures against the rights of Indigenous Peoples, including the disbandment of Te Aka Whai Ora, the Māori health authority. The Forum urges the State and Government of New Zealand to uphold the distinct rights of Māori Indigenous Peoples.
The Permanent Forum continues to hear numerous accounts from indigenous peoples who are threatened by alien commercial ventures, militarization and administrative decisions that interfere with their governance over their lands, territories and resources and ultimately inhibit their capacity for sustainable development and well-being for future generations. The Forum strongly recommends that such disputes be considered in accordance with article 27 of the United Nations Declaration on the Rights of Indigenous Peoples and paragraph 21 of the outcome document of the World Conference on Indigenous Peoples, ensuring that a mechanism exists that provides for fair, independent, impartial, open and transparent adjudication. Any mechanism established for adjudication of disputes over indigenous peoples’ lands, territories and resources should be agreed upon between States and indigenous peoples.
The Permanent Forum urges the Government of Kenya to implement the recommendations of the African Commission on Human and Peoples’ Rights on the rights of Endorois to the ownership of their ancestral lands, to the restitution thereof and to compensation in that connection.
The Forum recommends that all States install gender-sensitive action plans and independent self-reporting mechanisms that give particular attention to indigenous peoples, with the aim of protecting victims, prosecuting perpetrators and preventing human trafficking and related serious exploitation in all its forms, in accordance with the United Nations Convention against Transnational Organized Crime; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, both supplementing the United Nations Convention against Transnational Organized Crime; and the Convention on the Rights of the Child.
With reference to article 42 of the United Nations Declaration, the Permanent Forum invites African States, in particular Burundi, the Central African Republic, the Democratic Republic of the Congo, Libya, Mali, Nigeria and Rwanda, to present, at its sixteenth session, information on the situation of indigenous peoples affected by conflict in those countries.
The Permanent Forum recommends that the Organization of American States establish a consultation mechanism, composed of experts from indigenous peoples, as part of the effort to ensure national implementation of the American Declaration on the Rights of Indigenous Peoples, the United Nations Declaration on the Rights of Indigenous Peoples and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).