The Permanent Forum welcomes the progress made towards developing plans to realize the United Nations Declaration on the Rights of Indigenous Peoples in Canada and New Zealand. The Permanent Forum invites Canada and New Zealand to present their final plans on constructive cooperation at the twenty-second session of the Permanent Forum, to be held in 2023.
Member States must urgently address violence against indigenous peoples, including State violence, gender-based violence, forced assimilation and forced child removals, discrimination in the justice system and other forms of discrimination, including discrimination based on gender, religion, disability, age and LGBTIQ identity. The Forum encourages the Expert Mechanism, at its earliest convenience, to engage with the Governments of Australia and New Zealand, and with the participation of indigenous peoples, regarding the removal of indigenous children.
Mauna Kea, the sacred mountain for native Hawaiians, is currently targeted for the placement of an international observatory featuring a 30-metre telescope. Such an activity inhibits and is contrary to the rights articulated in articles 11 and 12 of the United Nations Declaration. In addition, the Permanent Forum strongly recommends that the free, prior and informed consent of native Hawaiians be recognized.
The Permanent Forum has received information that indigenous peoples who have established community means of communication, such as film-makers and radio hosts, are criminalized and prosecuted for such activities, especially in Latin America. In this regard, the Forum requests parliamentarians to establish legal frameworks that respect the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples and to end such practices.
The Permanent Forum calls upon States to ensure that national policies regarding indigenous pastoralism and hunter-gatherers comply with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum welcomes the decision of the Inter-Agency Support Group on Indigenous Issues to hold, on an exceptional basis, a meeting to consider appropriate ways of promoting, disseminating and implementing the Declaration on the Rights of Indigenous Peoples, once it is adopted by the General Assembly.
The Permanent Forum recommends that the Working Group on Access and Benefit Sharing of the Convention on Biological Diversity recognize the rights of indigenous peoples over the biological and genetic resources of their own territories.
The Permanent Forum recommends that United Nations treaty bodies and mechanisms, as well as the universal periodic review process, scrutinize the reports and human rights records of States, so as to effectively address rights ritualism. This should include ensuring that States’ claims are systematically compared with the concerns raised by indigenous peoples and civil society.
Mindful of the systemic discrimination and racism experienced by indigenous peoples in the law enforcement, judicial and correctional institutions of States across the globe, the Permanent Forum urges States that have ratified the International Covenant on Civil and Political Rights and the International Convention on the Elimination of all Forms of Racial Discrimination to comprehensively review the civil rights of indigenous peoples, in particular those of indigenous women and children who are victims of sexual violence, in order to ensure that they have fair, non-discriminatory access to justice.
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
Since the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007, some Governments have taken measures to incorporate into their national or domestic legislation, recognition of and respect for the human rights of indigenous peoples. However, in most regions of the world, implementation of the Declaration remains a big challenge. The Permanent Forum on Indigenous Issues welcomes the reports of States and United Nations agencies on respective initiatives to implement the Declaration, but draws attention to the serious implementation gaps.
The Permanent Forum welcomes the efforts of the Committee on the Elimination of Racial Discrimination to construe the International Convention on the Elimination of All Forms of Racial Discrimination, regarding indigenous persons, taking into account the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. The Permanent Forum recommends that the Committee request relevant State parties to the Convention to prepare the sections relating to indigenous peoples in their reports on the implementation of the Convention in consultation and cooperation with indigenous peoples.