The Permanent Forum remains concerned about continuing human rights violations, including arbitrary killings and extrajudicial executions, throughout northeastern India. It echoes the call of indigenous peoples (scheduled tribes) of the region and urges India to repeal the Armed Forces Special Powers Act of 1958, investigate alleged human rights abuses in the region and hold those responsible to account.
The Permanent Forum regrets the very high incarceration rates of indigenous peoples globally, which contributes to poor health, poverty and untimely death, including in indigenous families and communities. States are reminded of their obligations under the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and should therefore address this issue urgently by reducing the incarceration and eliminating the cruel, inhuman and degrading treatment or punishment of indigenous peoples by justice systems.
The Permanent Forum welcomes the first meeting of Escazú Agreement. The Escazú Agreement is the first instrument that includes provisions on the protection of human rights defenders in environmental matters. The Permanent Forum urges States parties to ensure implementation of the Agreement and invites them to establish mechanisms for the full and effective participation of indigenous peoples in the work thereof. The Permanent Forum reiterates its invitation to countries that have not yet signed or ratified the Agreement to do so.
The Permanent Forum demands that WIPO recognize and respect the applicability and relevance of the Declaration as a significant international human rights instrument that must inform the Intergovernmental Committee process and the overall work of WIPO. The minimum standards reflected in the Declaration must either be exceeded or directly incorporated into any and all WIPO instruments that directly or indirectly impact the human rights of indigenous peoples.
The Permanent Forum recalls its previous recommendations on the progress of the implementation of the Chittagong Hill Tracts Peace Accord and calls upon the Government of Bangladesh to take appropriate steps in this regard on an urgent basis. In particular, the Forum urges the Government to frame rules for the Chittagong Hill Tracts Land Disputes Resolution Commission and to generate ethnically disaggregated data, including for the national census of 2021.
The Permanent Forum calls upon all member States and United Nations agencies to respond to the annual questionnaire from the secretariat of the Permanent Forum in order to provide information on reliable practices that lead to the full and effective implementation of the Declaration. Further, the Forum recommends that the secretariat of the Permanent Forum include questions that particularly focus on indigenous children and youth.
Consistent with articles 7 and 30 of the United Nations Declaration, States should take measures for settlement, protection and security in the post-conflict period, and for the construction of durable and lasting peace, promoting the full and effective inclusion of indigenous peoples, including indigenous women, in any initiative for peace and reconciliation.
The Forum takes note of the recommendations of the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples following his latest visits to Chile, Colombia and Mexico. The Forum calls upon the Office of the High Commissioner to elaborate technical cooperation programmes to assist in the implementation of the recommendations.
The Permanent Forum recommends that States take steps to establish truth commissions in situations of reported gross violations of the human rights of indigenous peoples. The Forum underlines that the full and effective participation of affected indigenous peoples is a precondition for the establishment and work of truth commissions.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum recommends that all States with indigenous peoples review their legislation, policies and programmes in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and the Programme of Action for the Second International Decade of the World’s Indigenous People.
The Permanent Forum notes that the Greenland-Danish Self-Government Commission submitted its report on self-government on 6 May 2008. The main task of the Commission has been to submit draft legislation regarding a self-government arrangement for Greenland. A referendum was held in Greenland on 25 November 2008 concerning the act and the process leading up to its entry into force. The Permanent Forum welcomes the successful passage of the act through the Danish Parliament on 19 May 2009.