The Permanent Forum recommends that the full, effective and direct representation and participation of indigenous peoples, including their indigenous governments, councils, parliaments and other political institutions, should be ensured at all United Nations forums and multilateral and bilateral negotiations, and in the drafting processes of the corresponding emerging instruments, for example, those under discussion at the World Bank, the World Intellectual Property Organization (WIPO), the secretariat of the Convention on Biological Diversity. Such instruments must be harmonized with the Declaration, which is regarded as a reflection of the minimum human rights standards necessary for the promotion and protection of indigenous peoples, nations and communities. Such instruments should be consistent with or exceed those minimum standards.
Consistent with the commitments in the outcome document of the high-level meeting of the General Assembly known as the World Conference on Indigenous Peoples (General Assembly resolution 69/2) and the standards for indigenous peoples’ survival, dignity and well-being contained in the United Nations Declaration, the Permanent Forum recommends that States fully engage indigenous peoples in good-faith negotiations of treaties, agreements and other constructive arrangements on the basis of the unequivocal recognition of indigenous peoples’ rights to lands, territories and resources and to fully reject the extinguishment of indigenous rights in form or result. Furthermore, the Forum recommends that States address the call for full and effective redress for the loss of lands, territories and resources and State breaches of treaties, agreements and other constructive arrangements. The Forum reiterates the urgent need for States to institute, in conjunction with indigenous peoples, high-level oversight bodies to guide and oversee the conduct of negotiations and implementation of treaties, agreements and other constructive arrangements in the light of ongoing negotiation and implementation issues. Building on the recommendations advanced at the eleventh session of the Forum, States are encouraged to support the resolution of disputes between indigenous peoples by providing financial and other methods of support to achieve peaceful resolution.
The Permanent Forum reiterates the call, made at its tenth session, to United Nations agencies and funds to conduct and support regional and international human rights training programmes aimed at building the capacity and advocacy skills of indigenous youth. Furthermore, the Forum recommends the use of social media, youth forums and other popular cultural forms of communication to disseminate information and training material on the rights of indigenous youth and to facilitate consultation processes at the national and international levels.
The Forum urges States, the United Nations system, international financial institutions, international and regional trade bodies (such as the World Trade Organization, Asia-Pacific Economic Cooperation and the Common Market of the South) to undertake social and human rights impact assessments of the globalization and liberalization of trade and investments on indigenous peoples' poverty situation
The Permanent Forum acknowledges and accepts the study on the situation of indigenous persons with disabilities, with a particular focus on challenges faced with regard to the full enjoyment of human rights and inclusion in development (E/C.19/2013/6). The Forum recommends that the Committee on the Rights of Persons with Disabilities pay special attention, and take immediate action to respond, to the situation of indigenous persons and peoples with disabilities and encourage the United Nations system to facilitate the translation of the Convention on the Rights of Persons with Disabilities into indigenous and other languages.
The Permanent Forum notes that the United Nations Declaration on the Rights of Indigenous Peoples is a human rights instrument irrespective of the position of individual States, and the Permanent Forum expects that its endorsement will further
imply its utilization as an effective guide for domestic public policy law and practice regarding indigenous peoples’ rights in consultation and cooperation with indigenous peoples themselves.
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum recommends that OHCHR conduct in 2007, in consultation with indigenous peoples’ organizations, non-governmental organizations, experts, States and multilateral and bilateral agencies, the formulation of guidelines directed to all actors, both governmental and non-governmental, dealing with the respect and protection of the rights of indigenous peoples in voluntary isolation and initial contact.
The Permanent Forum welcomes the initiative taken by indigenous peoples’ organizations, States non-governmental organizations and OHCHR to improve the visibility of the situations faced by indigenous peoples in voluntary isolation and initial contact and recent efforts to respect and protect the rights of these peoples, particularly in the Amazon and Chaco regions of South America and the Andaman and Nicobar islands in India, including the Penan peoples of the forests of Sarawak in Malaysia. The Permanent Forum highlights, in particular, the Santa Cruz de la Sierra Appeal (“Llamamiento de Santa Cruz de la Sierra”), which was the outcome of the regional seminar on indigenous peoples in voluntary isolation and in initial contact of the Amazon Basin and El Chaco held from 20 to 22 November 2006 in Santa Cruz de la Sierra, Bolivia, with the sponsorship of OHCHR, the Indigenous Work Group for Indigenous Affairs and the Confederacion Indigena del Oriente de Boliva, and with the support of the Government of Bolivia, and the partnership of Denmark, Norway and Spain. The Permanent Forum recommends that OHCHR, other international agencies and States, in partnership with indigenous peoples’ organizations and non-governmental organizations, further replicate and follow up similar initiatives in order to achieve and consolidate sustained long-term policies, mechanisms and procedures that can assure the security and self-determined livelihoods of these peoples, including the guarantee of the inviolability of their territories and natural resources.
The Permanent Forum recommends that the Working Group on Indigenous Populations include, at its twenty-fifth session in 2007, under its standard-setting mandate, the development of the principle of free, prior and informed consent of indigenous peoples.
Considering the commitment made by the World Bank at the Conference on Poverty Reduction and Indigenous Peoples (New York, 9 and 10 May 2006) to further explore inter-agency mechanisms to support the inclusion of indigenous peoples in national poverty reduction strategies in a limited number of pilot countries, the Permanent Forum recommends that Governments, indigenous organizations, United Nations organizations and bilateral donors fully contribute to that initiative and report back to the Permanent Forum on the progress made and the opportunities and limitations encountered, with a view to replicating the initiative in other countries.
Mindful of the human rights violations experienced by indigenous peoples, the Permanent Forum encourages States, in particular those in the Pacific region, to recognize and implement the basic fundamental human rights articulated in the Declaration, particularly the right to self-determination.