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.
In anticipation of the first session of the Human Rights Council, the Permanent Forum recommends that indigenous issues be a standing item in the agenda of the Human Rights Council and that due attention be paid to the human rights and fundamental freedoms of indigenous peoples. The role of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people should be maintained and further strengthened within the Human Rights Council.
The Permanent Forum recommends that OHCHR aspire to adapt its organizational structures to the post-Declaration era by strengthening secretariat structures devoted to indigenous peoples’ issues.
The Permanent Forum acknowledges the entry into force on 14 April 2014 of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. In this regard, it recommends that the Office of the United Nations High Commissioner for Human Rights, the United Nations Children’s Fund, other United Nations agencies and States support the dissemination of the guide to this Optional Protocol, including its translation into different languages and the building of capacity among indigenous organizations and institutions to make effective use of the Optional Protocol in promoting and protecting the rights of indigenous children and youth.
The Permanent Forum calls upon the member States of the Association of Southeast Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC) to recognize the collective rights of indigenous peoples, and calls on ASEAN to ensure that the rights of indigenous peoples are integrated into the development process of the ASEAN charter.
The Permanent Forum urges States to provide detailed reports to the Forum on the implementation of the Declaration. It recommends public education initiatives and the sharing of best practices in respect of the Declaration, in particular through training programmes for government agencies, the judiciary and law enforcement officials, in collaboration with indigenous peoples. Furthermore, the Forum recommends that such reports be included in the periodic reports mandated under human rights treaties and the universal periodic review procedures.
The Permanent Forum recommends that the International Labour Organization (ILO), the World Bank, the Food and Agriculture Organization of the United Nations (FAO) and other relevant United Nations system agencies, in cooperation with the Permanent Forum, study and summarize practices regarding the implementation of free, prior and informed consent globally, that they widely disseminate successful experiences and that they present their findings to the Permanent Forum at its twenty - fourth session, to be held in 2025.
The Permanent Forum welcomes the fact that the principles and rules contained in the United Nations Declaration on the Rights of Indigenous Peoples have been integrated into the new constitution of the Plurinational State of Bolivia, which was ratified in a referendum held on 25 January 2009.
The Permanent Forum notes that forced labour and all forms of servitude constitute serious human rights violations that it is urgent to address; it therefore urges the Government of Paraguay to combat these practices as a matter of urgency.
Considering the statements made by Brazil at the fifteenth session, the Permanent Forum welcomes the willingness of the Government to engage in dialogue concerning the status, conditions and rights of the indigenous peoples of Brazil, many of whom have faced the suspension of the land demarcation process. The Forum respectfully requests Brazil to uphold its national and international obligations to recognize and respect the human rights of indigenous peoples, as affirmed in the United Nations Declaration and ILO Convention No. 169. Furthermore, the Forum urges the interim Government of Brazil to safeguard the status of the National Indian Foundation and its mandate with regard to the indigenous peoples of Brazil.
The Permanent Forum supports the call of the Special Rapporteur on the rights of Indigenous Peoples to redress treaty violations. Indigenous Peoples deprived of treaty rights are also at risk; the Forum urges relevant States to adopt constructive agreements and appropriate laws to ensure Indigenous lands and territories are protected in the face of mineral extraction and development.
The Forum reiterates the recommendations contained in paragraph 24 of its report on the first session, namely, it recommends that the Office of the United Nations High Commissioner for Human Rights organize activities with indigenous peoples in Africa and Asia with a view to: (a) Providing international and regional human rights training for indigenous peoples; (b) Encouraging dialogue between States, indigenous peoples and others on the concept of indigenous peoples in the context of the promotion and protection of cultural diversity; (c) Inviting inter-agency consultation with States and indigenous peoples at the national and subregional levels and to report to the Forum at its third session.