The Permanent Forum is concerned that legal obligations and commitments and indigenous peoples’ treaties, agreements and other constructive arrangements with States are routinely denied and violated by States. With regard to interventions by indigenous peoples on unresolved land rights, including the Six Nations of the Grand River and others on which the Forum has made specific recommendations in the past, the Forum calls upon States to fairly and equitably redress the long-standing unresolved land rights issues through good-faith negotiations, consistent with the United Nations Declaration and without extinguishing indigenous peoples’ land rights.
The Permanent Forum recommends that United Nations treaty bodies and mechanisms, as well as the universal periodic review process, scrutinize the reports and human rights records of States, so as to effectively address rights ritualism. This should include ensuring that States’ claims are systematically compared with the concerns raised by indigenous peoples and civil society.
The Permanent Forum reminds States that the implementation of the United Nations Declaration provides a common framework for reconciliation, justice, healing and peace. Each State has a prime responsibility and duty to protect, promote and implement all human rights, consistent with the Charter of the United Nations and international human rights law. Furthermore, all forms of discrimination must be avoided.
The Permanent Forum recalls its recommendations contained in paragraphs 52, 54, 55 and 58 of the report on its seventh session (ibid., chap. I, sect. B) and expresses concern for the human rights of indigenous peoples in the context of Non Self-Governing Territory issues and those seeking reinscription as a Non-Self-Governing Territory, and calls upon the Special Rapporteur on the rights of indigenous peoples and other mandate holders to examine and report on the impact on the human rights of those indigenous peoples in that regard.
Consistent with article 10 of the United Nations Declaration, the Permanent Forum calls upon Member States and human rights institutions to consider examining, in conjunction with the Special Rapporteur on the rights of indigenous peoples and other mandate holders, the forced relocation of indigenous communities.
The Permanent Forum appoints Edward John and Dalee Sambo Dorough to conduct a study on how States exploit weak procedural rules in international organizations to devalue the United Nations Declaration and other international human rights law.