The Permanent Forum invites United Nations bodies with expertise on human rights, cultural rights and the traditional knowledge of indigenous peoples to provide legal and technical comments on the revised draft protocol to the Convention on Biological Diversity on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization for transmission to parties to the Convention for consideration in their final negotiations.
(i) The Forum recalls and reiterates: a. Paragraph 18 of the Durban Declaration which requested States to adopt public policies and give impetus to programmes on behalf of and in concert with indigenous women and girls, with a view to promoting their civil, political, economic, social and cultural rights; to putting an end to their situation of disadvantage for reasons of gender and ethnicity; to dealing with urgent problems affecting them in regard to education, their physical and mental health, economic life and in the matter of violence against them, including domestic violence; and to eliminating the situation of aggravated discrimination suffered by indigenous women and girls on multiple grounds of racism and gender discrimination
The Permanent Forum recommends that forests that have been taken by States from indigenous peoples without their free, prior and informed consent in the name of conservation policies be restored immediately.
The Permanent Forum notes with concern the slow progress made in the negotiations on the final protocol on access and benefit-sharing. The Permanent Forum reiterates its requests to the parties to the Convention to take into account the United Nations Declaration on the Rights of Indigenous Peoples in the negotiation, adoption and implementation of the access and benefit-sharing protocol.
The Permanent Forum on Indigenous Issues has analysed and discussed indigenous fishing rights in the seas on the basis of a report submitted by the Special Rapporteurs. As a result of those discussions, the Forum considers the protection of the material basis of the culture of indigenous peoples to be a part of international law that should be applied also to fishing rights in the seas, and recommends that States in which indigenous peoples live in coastal areas recognize indigenous peoples’ right to fish in the seas on the basis of historical use and international law. In that context, the Forum notes the ongoing consultations between the Government of Norway and the Sami Parliament and recommends that the Government recognize the right of the coastal Sami to fish in the seas on the basis of historical use and international law.
The Permanent Forum encourages the Government of Paraguay to continue to accept assistance from United Nations agencies and programmes and national cooperation agencies in order to develop policies aimed at the elimination of forced labour and other forms of servitude, especially in matters relating to the most urgent challenges: food, health, housing and education.
The Permanent Forum recommends that the Government of Paraguay should remain firm in its commitment to cooperating with indigenous peoples’ organizations in order to find emergency solutions to the extremely serious situation of the indigenous communities that have been wholly dispossessed of their land, and to implement policies to ensure the reconstitution of their territory.
The Permanent Forum recommends that States implement the principles contained in General Comment No. 21 (2009) of the Committee on Economic, Social and Cultural Rights on article 15, paragraph 1 (a), of the International Covenant on Economic, Social and Cultural Rights regarding the right of everyone to take part in cultural life. In its interpretation of the article, the Committee takes into account the United Nations Declaration on the Rights of Indigenous Peoples. It consequently distinguishes the right of indigenous peoples to take part in their own culture from the same right as it applies to minorities. This distinction is made in particular as a result of the extension of the concept of indigenous culture to material aspects such as territories and resources.
The Forum recognizes and applauds other indigenous fellowship programmes, in particular the fellowship programme established and funded by the regular budget of the Office of the United Nations High Commissioner for Human Rights and the newly established fellowship programme of the ILO. Furthermore, the Forum particularly recognizes the capacity-building efforts of the indigenous fellowship programme of the Office and requests that, in order to complement their Geneva based training, the indigenous fellows at the Office should participate, on an annual basis, in the sessions of the Forum. Further consideration should also be given to provide some time for training at the secretariat of the Forum, during non-sessional periods.
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 Forum expresses its appreciation to the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples for their participation at its third session, and recommends that they pay special attention to the factors contributing to violence against indigenous women, especially domestic violence and sexual abuse.
The Permanent Forum notes the progress made by the UNDP Regional Initiative on Indigenous Peoples’ Rights and Development and the ILO Programme to Promote ILO Convention No. 169 (PRO-169) projects in the promotion and protection of the rights of indigenous peoples. The Forum welcomes the decision by UNDP to establish a similar programme in Latin America and calls on UNDP to expand its activities in this manner in Africa.