Combat, within an appropriate legal framework, and link with Millennium Development Goals, violence against women, including forced prostitution and trafficking of women and girls as well as domestic violence
The Permanent Forum recommends that Canada operationalize the Declaration by passing Bill C-262 (United Nations Declaration on the Rights of Indigenous Peoples Act) as a significant step towards reconciliation.
The Permanent Forum strongly urges the General Assembly to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum is deeply concerned about the particular vulnerabilities
of indigenous children. In this regard, it notes the study of the Expert Mechanism on
the Rights of Indigenous Peoples on the rights of the indigenous child under the
United Nations Declaration on the Rights of Indigenous Peoples (A/HRC/48/74) and
the note by the Secretariat entitled “Update on the promotion and application of the
United Nations Declaration on the Rights of Indigenous Peoples: violence against
children” (E/C.19/2022/4), prepared in collaboration with the Special Representative
of the Secretary-General on Violence against Children. The Permanent Forum calls
upon Member States to prioritize the human rights of indigenous children and young
people, in cooperation with indigenous peoples. The Permanent Forum further calls
upon those States that have not yet ratified the Convention on the Rights of the Child,
including its three Optional Protocols – on a communications procedure, on the sale
of children, child prostitution and child pornography and on the involvement of
children in armed conflict, to do so as soon as possible.
The Permanent Forum recommends that non-governmental organizations, indigenous peoples’ organizations and academics undertake independent studies and investigations into the violations of indigenous peoples’ land rights through illegal land expropriation and exploitation and into the issue of land, forestry, tourism and mining concessions, including:(a)Recommendations on how the rights of indigenous peoples can be legally protected;(b)The degree to which Governments ensure free, prior and informed consent of indigenous peoples in the approval of land concessions and mining exploration licences over their traditional lands and forests;(c)The role of other States in the promotion of agri-business and extractive industries without the free, prior and informed consent of indigenous peoples;(d)The role of multinational agri-business and extractive industries; specifically, whether corporate social responsibilities have been fulfilled and social and environmental impact assessments have been undertaken prior to the commencement of development projects.
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Forum expresses its great concern about the effects of armed conflict on indigenous women and children, and recommends that a workshop be convened with the framework of the 10-year review of the Beijing Declaration and Platform for Action in order to formulate strategies to protect vulnerable groups, such as indigenous peoples, especially taking into account the vulnerabilities of indigenous women and children. These strategies should incorporate capacity-building of indigenous women living in areas of armed conflict or in precarious circumstances.
The Forum calls upon international financial institutions to align policies and safeguards with the Declaration.
The Permanent Forum reiterates its concern about information brought to its attention on continuing violations of human rights of indigenous peoples in various parts of the world, and calls upon all States to fully implement their obligations under the international human rights and humanitarian instruments. The Forum reiterates its call on States to recognize the rights of indigenous peoples constitutionally and legally, to strengthen their institutions for the promotion and protection of the human rights of indigenous peoples and to enhance awareness-raising and capacity-building efforts for government officials.
The Permanent Forum acknowledges the signing of the peace accord in Colombia and the efforts to implement it. The Forum takes note of Colombia’s statement at the eighteenth session of the Forum on the need to protect the lives and integrity of indigenous human rights defenders. The Forum is, however, deeply concerned that killings of indigenous leaders have been increasing. The Forum urges the Government of Colombia to intensify its efforts to provide effective measures to prevent further attacks and to ensure peace and security for indigenous human right defenders and leaders.
The Permanent Forum reiterates that indigenous peoples should report to the Forum on how they are implementing the Declaration in their own communities, thereby contributing to the growing evidence of how the principles enshrined in the Declaration are being practised.
The Permanent Forum recognizes and commends Australia and Colombia for changing their positions by endorsing the United Nations Declaration on the Rights of Indigenous Peoples, and calls upon the remaining States that are opposed to it, as well as those abstaining, to reverse their positions and endorse the Declaration so as to achieve full consensus.