The Permanent Forum expresses its solidarity with the families of 43 trainee teachers of Ayotzinapa, Guerrero, Mexico, who have been missing since 26 September 2014, and supports their efforts to seek justice. The Forum also welcomes and acknowledges the steps taken thus far by the Government of Mexico to resolve this disappearance, and encourages the Government to continue its efforts in collaboration with the Inter-American Commission on Human Rights and in close consultation with the relevant indigenous peoples and families.
Furthermore, States should strengthen measures, systems and resources to effectively address all forms of violence against indigenous women, such as female genital mutilation; child marriage; sexual abuse; forced labour; modern slavery; domestic, institutional and political violence, including in the context of forced displacement; sexual exploitation; trafficking; armed conflict; and the militarization of indigenous lands and territories.
The Permanent Forum recognizes the importance of the signing of the Final Agreement for Ending the Conflict and Building a Stable and Lasting Peace in Colombia. The Permanent Forum urges Colombia to promote and guarantee the rights of indigenous peoples, in particular by achieving the goals and indicators set out in the “ethnic chapter” of the peace agreement. The Permanent Forum urges the Special Jurisdiction for Peace of Colombia to prioritize the conduct of a high-profile investigation to highlight the violations of the collective rights of indigenous peoples that occurred during the armed conflict and to identify the patterns and perpetrators of this violence.
The Forum reiterates its recommendations made at its second session, in particular those contained in chapter I, section B, paragraphs 83 to 94 of the report.2
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.
The Permanent Forum recommends that all States that have introduced changes to existing indigenous land management regimes invite the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people to undertake a study of those regimes and assess them against the principles contained in the Declaration on the Rights of Indigenous Peoples.
The Forum welcomes the nomination of the High Commissioner, Justice Louise Arbor, and recommends that she convene a meeting with the Forum members.
The Permanent Forum was presented with horrific testimonies of Indigenous children incarcerated in prisons and other holding facilities. The Permanent Forum reminds Member States to fulfil their obligations under the Convention on the Rights of the Child in relation to the arrest, detention, or imprisonment of a child. No child should be in prison. In that regard, the Permanent Forum notes the finding in 2022 of the Supreme Court of Western Australia that the extensive solitary confinement and significant reduction in liberty of children, primarily Aboriginal children, was unlawful. The Permanent Forum calls upon Australia to respect the Court decision and remove its reservation to article 37 of the Convention on the Rights of the Child. The Permanent Forum recommends that Member States review and reform their child protection policies and systems to prevent undue removal of Indigenous children from their families and communities.
The Permanent Forum hails the adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly. The 13th of September 2007 is a historic day for the United Nations, indigenous peoples and States and marks the beginning of a new era of renewed partnerships for the promotion and protection of the human rights of all indigenous peoples and each indigenous person around the world. The Forum notes its new responsibility under the Declaration and pledges its commitment to making it a living document throughout its work. The Forum thus invites the international community as a whole, States, indigenous peoples, non-governmental organizations, the private sector, academia and the media to promote the Declaration and apply it in their policies and programmes for the improvement of indigenous peoples’ well-being around the world
The Permanent Forum recommends that the Committee on the Elimination of Racial Discrimination elaborate a general comment on discrimination in housing, taking into account the situation of indigenous peoples.
The Permanent Forum reiterates the need for States to address the impact of militarization, including suppressing constitutional guarantees, appropriation of land, forcible occupation and displacement, on the land, territorial and other collective rights of indigenous peoples, perpetrated by security forces, including the military, militias and other armed groups.
The Forum recommends that UN-Habitat jointly, with the Office of the United Nations High Commissioner for Human Rights, through the United Nations Housing Rights Programme, organize an expert group meeting in 2006 to review the status of the realization process of indigenous peoples’ housing rights globally, and identify and document best practices and report on the outcome and recommendations of the expert group meeting at the sixth session of the Forum.