The Permanent Forum recommends that all States Parties to International Labour Organization (ILO) Convention No. 169 implement it by training their leading public officials/civil servants to respect and fulfil its provisions. It is crucial that indigenous peoples be fully informed of the consequences of the use and exploitation of natural resources in their lands and territories through consultations, under the principle of free, prior and informed consent, with indigenous peoples concerned. Through free, prior and informed consent, future conflicts can be avoided and the full participation of indigenous peoples in consultation mechanisms, environmental impact assessments and sociocultural impact assessments can be ensured.
The Permanent Forum encourages analysis by States, the specialized agencies, academics, indigenous peoples and their organizations of the implementation of free, prior and informed consent principles and mechanisms regarding projects on indigenous lands and territories, and encourages them to submit such analyses to the Permanent Forum for consolidation and to identify good practices and barriers.
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 welcomes the announcement by New Zealand to endorse the United Nations Declaration on the Rights of Indigenous Peoples and the announcement by the United States of America that it will review its position on the Declaration. It also welcomes the indication by Canada in the 2010 Speech from the Throne that it will take steps to endorse the Declaration. The Forum recommends that the United States and Canada expedite their commitments made to endorse the Declaration
Furthermore, the Permanent Forum urges those States that have abstained to reverse their positions and endorse the Declaration so as to achieve full consensus.
The Permanent Forum recommends that States recognize the right of indigenous peoples to own, control, use and have access to their forests, and calls on States to reform their laws and policies that deny indigenous peoples that right. The Forum is gravely concerned about the continuing eviction of indigenous peoples from their forests and calls on States and the United Nations system and other intergovernmental organizations to protect and respect the rights of forest-dwelling and forest-dependent indigenous peoples and to provide redress to those whose rights have been violated.
The Permanent Forum recommends that the Special Representative of the Secretary-General on business and human rights and the United Nations Global Compact unite their efforts in cooperation with the Forum, engaging with the private sector on issues related to indigenous peoples, including the promotion of the United Nations Declaration on the Rights of Indigenous Peoples and its implementation.
The Permanent Forum recommends that the Ad Hoc Working Group on Access and Benefit-sharing consider at its next meeting the report of the international indigenous and local community consultation on access and benefit-sharing and the development of an international regime (UNEP/CBD/WG-ABS/5/INF/9).
The Permanent Forum calls upon the parties to the Convention on Biological Diversity to adopt the terminology “indigenous peoples and local communities” as an accurate reflection of the distinct identities developed by those entities since the adoption of the Convention almost 20 years ago.