Recalling that the Human Rights Council will assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and complaint procedures; and recalling also that the Council shall complete the review within one year after the holding of its first session, the Permanent Forum strongly urges the Council to ensure the full participation of representatives of indigenous peoples in that review process. The Permanent Forum further urges the Council to maintain and improve mechanisms, mandates, special procedures, expert advice mechanisms and complaint procedures relevant and pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous peoples.
The Permanent Forum urges States, with the effective participation of indigenous peoples, to address the concomitant loss of community citizenship and human rights when indigenous peoples are forced to migrate or are displaced by violent conflicts, with a particular emphasis on indigenous women.
The Permanent Forum welcomes a third United Nations seminar on indigenous peoples’ understanding and interpretation of treaties, agreements and other constructive arrangements.
The Permanent Forum welcomes the decision of the Special Rapporteur on the rights of indigenous peoples to prepare a study on intimidation, criminalization and violence of any form directed against indigenous peoples, communities or individuals, in particular those who defend their rights under the United Nations Declaration on the Rights of Indigenous Peoples. The Forum invites the Special Rapporteur to share her preliminary findings and recommendations with the Forum at its seventeenth session.
The Permanent Forum urges States to provide detailed reports to the Forum on the implementation of the Declaration. It recommends public education initiatives and the sharing of best practices in respect of the Declaration, in particular through training programmes for government agencies, the judiciary and law enforcement officials, in collaboration with indigenous peoples. Furthermore, the Forum recommends that such reports be included in the periodic reports mandated under human rights treaties and the universal periodic review procedures.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
The Permanent Forum takes note of the concerns expressed by the African Indigenous Peoples Caucus on the announcement by the World Bank in February 2014 of its intention to map Africa’s mineral resources by using satellites and airborne mineral surveys. The Forum calls upon the World Bank, African Governments, investor Governments and the private sector to disclose information about the “billion-dollar map” project, prior to any intervention and in a transparent manner, and requests that commitments to international norms and standards in relation to the rights of indigenous peoples be recognized and respected. The Forum also recommends that the World Bank involve indigenous peoples’ representatives in the mapping process and that indigenous peoples’ free, prior and informed consent be respected, consistent with articles 19 and 41 of the Declaration.
The Permanent Forum welcomes the work of the Government of Namibia in the development and validation of the white paper on the rights of indigenous peoples, developed with the support of the Department of Economic and Social Affairs. The Forum encourages the Government to take measures to ensure that the white paper is approved and effectively implemented, in cooperation with indigenous peoples in Namibia. Furthermore, the Forum encourages other States, in particular African States, to consider similar measures, consistent with the Declaration.
The Permanent Forum recommends that Paraguay should speed up the reform of INDI and of other institutions with competence in indigenous issues so that the proper participation of indigenous peoples will strengthen their democratic representation before the legislative and judicial powers, which are still reluctant to act.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
The Forum calls upon the European Commission to establish further collaboration with it on indigenous issues.
Pursuant to article 38 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum reiterates its invitation to States to provide the Permanent Forum with substantive information on the implementation
of the Declaration and an assessment of the effectiveness of the Declaration at the national and local levels.