The Forum underlines the importance for country-specific special rapporteurs, thematic special rapporteurs, experts and representatives of the Commission on Human Rights to pay special attention to the situation of indigenous peoples in their respective fields.
The Permanent Forum urges OHCHR in the Plurinational State of Bolivia to continue and strengthen its monitoring of the human rights of the Guaraní people to address as a matter of urgency the situation of the families and communities that are subjected to forced labour and other forms of servitude and to report regularly and publicly on developments in that situation. In the area of technical assistance, the Permanent Forum urges OHCHR in the Plurinational State of Bolivia to strengthen the human rights capacities of the Guaraní authorities in Alto Parapetí and other districts where there are serious human rights violations.
The Constitution of Nepal has provisions for special, protected and autonomous regions for Indigenous Peoples. The Permanent Forum welcomes further progress towards realizing the provisions of the Constitution, including by considering the recommendations of the Committee on the Elimination of Racial Discrimination and of the Committee on the Elimination of Discrimination against Women to Nepal in 2018 on respect for Indigenous Peoples’ rights to their traditional lands and resources and to self-determination.
The Forum recommends that Member States, the intergovernmental system, international financial institutions and the private sector respect and adhere to the principle of free, prior and informed consent in all matters affecting indigenous peoples
The Permanent Forum recommends that Paraguay should propose the negotiation of international agreements for protection of the rights of indigenous peoples with the other States of the Chaco region — the Plurinational State of Bolivia, Argentina and Brazil — and particularly with the Plurinational State of Bolivia with a view to the latter’s development of additional policies aimed at the freeing of individuals, the recovery of land and the rebuilding of peoples.
The Permanent Forum recalls the fourth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples, which affirms that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust. Legal and political justification for the dispossession of indigenous peoples from their lands, their disenfranchisement and the abrogation of their rights such as the doctrine of discovery, the doctrine of domination, “conquest”, “discovery”, terra nullius or the Regalian doctrine were adopted by colonizers throughout the world. While these nefarious doctrines were promoted as the authority for the acquisition of the lands and territories of indigenous peoples, there were broader assumptions implicit in the doctrines, which became the basis for the assertion of authority and control over the lives of indigenous peoples and their lands, territories and resources. Indigenous peoples were constructed as “savages”, “barbarians”, “backward” and “inferior and uncivilized” by the colonizers who used such constructs to subjugate, dominate and exploit indigenous peoples and their lands, territories and resources. The Permanent Forum calls upon States to repudiate such doctrines as the basis for denying indigenous peoples’ human rights.
The Permanent Forum welcomes the increased cooperation between itself and the Special Rapporteur on the human rights and fundamental freedoms of indigenous people and strongly recommends that the Human Rights Council maintain the mandate of the Special Rapporteur.