The Permanent Forum welcomes the study of the Expert Mechanism on the Rights of Indigenous Peoples on the right to education and the Expert Mechanism’s Advice No. 1. The Permanent Forum encourages States, indigenous peoples and others to disseminate these texts and incorporate them in national policies and practices.
The Permanent Forum requests that UNICEF design, in partnership with other relevant United Nations agencies, a protocol for emergency situations resulting from natural disasters to ensure that, in cases of emergency, there are no violations of the human rights of indigenous peoples, especially indigenous youth, children and women, owing to forced relocation.
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.
In order to protect the human rights of indigenous peoples, the Forum recommends that States create indigenous ombudsmen offices, especially for indigenous women, ensuring the full and effective participation of indigenous women
The Permanent Forum recommends that an expert seminar be held, without financial implications, and invites the participation of the Committee on the Elimination of Racial Discrimination and the Special Committee on Decolonization, to examine the impact of the United Nations decolonization process on indigenous peoples of the Non-Self-Governing Territories that are on the United Nations list of Non-Self-Governing Territories. The Forum requests that independent experts and the United Nations Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples be invited to participate in the seminar. Furthermore, the Forum requests that indigenous peoples under Non-Self-Governing Territories status also be invited.
Many indigenous peoples described situations where their human rights were being impacted by large-scale infrastructure projects, natural resource extraction and industrial agriculture activities in their territories without their free, prior and informed consent. The Permanent Forum received information to that effect from the Shuar, Sapara, Maasai and Ogaden peoples, among others. The Forum is concerned, in particular, by cases where it appears that the interests of investors are better protected than the rights of indigenous peoples. It reiterates that States and the private sector must respect the human rights of indigenous peoples by ensuring the effective implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Guiding Principles on Business and Human Rights.
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.
The Permanent Forum decides to appoint as Special Rapporteur Ms Tonya Gonnella Frichner, a member of the Forum to conduct a preliminary study on the impact of the international legal construct known as the Doctrine of Discovery on Indigenous Peoples that has served as the foundation of the violation of their human rights and to report thereon to the Forum at its ninth session, in 2010.
The Forum recommends that States pay special attention to the situation of uncontacted indigenous peoples, peoples in voluntary isolation, and peoples in isolated and remote localities and displaced peoples from indigenous communities. The Forum recommends that the Special Rapporteur on the human rights and fundamental freedoms of indigenous people pay special attention in his annual reports to the situation of these peoples. The Forum also considers that the situation of these peoples should be the subject of a special international meeting during the Second International Decade of the World’s Indigenous People.
The Permanent Forum on Indigenous Issues recommends that Member States implement precautionary measures and recommendations provided by the
Inter-American Commission on Human Rights, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum, to prevent irreparable harm to indigenous peoples, their authorities and indigenous organizations.
The Permanent Forum recommends that donors, including the European Union, the European Commission, the Department of State of the United States of America, human rights support organizations and others provide long-term funding, legal aid and other resources to assist indigenous human rights defenders, their families, networks and communities.
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.