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 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.
During its tenth session, the Permanent Forum emphasized that redefining the relationship between indigenous peoples and the State as an important way to understand the doctrine of discovery and a way to develop a vision of the future for reconciliation, peace and justice. To that end, the United Nations Declaration on the Rights of Indigenous Peoples provides a strong human rights framework and standards for the redress of such false doctrines, notably in articles 3, 28 and 37. The Permanent Forum encourages the conduct of the processes of reconciliation “in accordance with the principles of justice, democracy, and respect for human rights, equality, non-discrimination, good governance and good faith”.
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.
The Forum calls upon the European Commission to establish further collaboration with it on indigenous issues.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum encourages the Expert Mechanism on the Rights of Indigenous Peoples and the Human Rights Council to continue the process of addressing rights related to treaties and agreements between indigenous peoples and the United States and Canada, including through the consideration and implementation of the recommendations resulting from the first two United Nations treaty seminars, held in 2003 and 2006, and by taking steps to hold a third seminar, as mandated by the Economic and Social Council, and urges the Expert Mechanism to advance the work on treaties.
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.
The Permanent Forum welcomes a third United Nations seminar on indigenous peoples’ understanding and interpretation of treaties, agreements and other constructive arrangements.
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.
Businesses, in their human rights due diligence processes, should meaningfully engage with indigenous peoples as rights holders in business decisions and outcomes affecting them. In that regard, free, prior and informed consent should be understood as their right to give or withhold consent.