The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights in cooperation with the Permanent Forum develop a coherent and strategic plan of action in Africa in cooperation with indigenous peoples and their representative organizations, and that the implementation of the programme of the Office of the High Commissioner to strengthen capacity to protect and advocate for the human rights of indigenous peoples be linked to other United Nations bodies, notably the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), the secretariat of the Convention on Biological Diversity, the World Intellectual Property Organization (WIPO), UNESCO and others.
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).
The Permanent Forum welcomes the initiation of a national dialogue to discuss and achieve key constitutional reforms in the field of justice in Guatemala, and encourages the recognition of indigenous justice systems. The Forum urges Guatemala and the private sector, in addition to the World Bank and other international economic institutions, to acknowledge that serious efforts require structural economic and social reforms rather than rapid growth of gross domestic product in order to reverse widespread and growing poverty among the indigenous peoples of Guatemala. Such crucial reforms must ensure more equitable distribution and access to traditional lands for the indigenous peoples of Guatemala, consistent with the rights affirmed in the United Nations Declaration, and on the basis of respect for and legal recognition of their collective rights, including their self-determined development. Furthermore, the Forum calls upon Guatemala to reinforce the effective and full implementation of the Peace Accords.
The Permanent Forum recommends that the World Health Organization (WHO), the Pan American Health Organization (PAHO), the United Nations Children’s Fund (UNICEF), States, non-governmental organizations and indigenous peoples’ organizations join efforts in implementing appropriate expert health-care actions to prevent disastrous disease problems affecting indigenous peoples in voluntary isolation and recent contact, and consider adopting rapid-effect emergency procedures in situations where the health situation is critical, as it is at present in the Javari Valley in Brazil.
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 recommends that OHCHR conduct in 2007, in consultation with indigenous peoples’ organizations, non-governmental organizations, experts, States and multilateral and bilateral agencies, the formulation of guidelines directed to all actors, both governmental and non-governmental, dealing with the respect and protection of the rights of indigenous peoples in voluntary isolation and initial contact.
The Permanent Forum recommends that all States apply the principles of general comment No. 11 (2009) of the Committee on the Rights of the Child, entitled “Indigenous children and their rights under the Convention”.
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
The Permanent Forum expresses its appreciation to the Member States that have already submitted information to it over the years, and encourages all States to submit substantive information on measures taken to implement the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum regrets the continuous killings, violence and harassment targeted at indigenous human rights defenders, including indigenous women, in the context of resisting mining and infrastructure projects and other such developments. The Permanent Forum therefore invites Member States to honour their human rights obligations. In this regard, the Permanent Forum welcomes General Assembly resolution 76/148 on the rights of indigenous peoples, in which States are urged to take necessary measures to ensure the rights, protection and safety of indigenous peoples, including indigenous leaders and indigenous human rights defenders, and to ensure that perpetrators are held accountable and that access to justice and remedy is guaranteed.
The Forum underlines the importance for country-specific special rapporteurs, thematic special rapporteurs, experts and representatives of the Commission on Human Rights to pay special attention to the situation of indigenous peoples in their respective fields.
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.