A majority of States have yet to grant official recognition to indigenous peoples, let alone their collective rights to lands, territories and resources. The Permanent Forum expresses its grave concern about the non-recognition of indigenous peoples, in particular in Africa and Asia, and recommends that States incorporate the United Nations Declaration on the Rights of Indigenous Peoples into national legislation, policies and programmes.
States should operationalize the Declaration by reviewing and reforming internal administrative boundaries that divide Indigenous Peoples’ territories, ensuring respect for their territorial integrity. United Nations entities should integrate Indigenous Peoples’ territorial realities into data systems, peacebuilding, development and humanitarian efforts to avoid reliance on State-centric boundaries that overlook Indigenous geographies.
The Permanent Forum urges the European Union to include the standards of the Declaration within its corporate sustainability due diligence regulations and rules, in particular in the context of implementing the Critical Raw Materials Act on the territories of Indigenous Peoples, both inside and outside the European Union.
The Committee on the Elimination of Discrimination against Women must guarantee equal access and non-discrimination of Indigenous women in respect of its communications procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. States are encouraged to report annually on their progress in implementing general recommendation No. 39.
Positive developments have been achieved in setting international human rights standards for the rights of indigenous peoples to lands, territories and resources, including by regional human rights mechanisms in Africa and the Americas. The Permanent Forum welcomes those developments, including the recent decision of the African Court on Human and Peoples’ Rights in the case of the Ogiek community in Kenya. The Forum encourages indigenous peoples and States to engage further with regional mechanisms and to implement their decisions effectively.
The Permanent Forum urges the United States to fully implement the Declaration by strengthening commitments to Indigenous leadership, including by seating the delegate of the Cherokee Nation in the House of Representatives. It welcomes the adoption of the Declaration by the Pawnee, Ho-Chunk, Yurok and Muscogee (Creek) Nations.
The Permanent Forum invites the Development Coordination Office to include Forum members in its future meetings with resident coordinators for Indigenous Peoples’ issues to be heard and to share experiences on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples at the national level.
The Permanent Forum urges WHO to establish a standing Indigenous-led advisory committee to the Director General regarding Indigenous Peoples’ health to steer, monitor and report annually on the implementation and ongoing operationalization of World Health Assembly resolution 76.16. The committee should be majority-Indigenous, gender-balanced, regionally diverse, and chosen through Indigenous representative institutions, in line with free, prior and informed consent.
The Permanent Forum emphasizes the urgent need to fully implement the Declaration across the United Nations. Key recommendations include adopting the Indigenous determinants of health evaluation instrument, increasing Indigenous Peoples’ participation in decision-making and eliminating structural barriers, violence and discrimination, in particular against Indigenous two-spirit peoples. All United Nations reports, mechanisms and processes must fully reflect the experiences and rights of Indigenous two-spirit peoples. Furthermore, the Forum calls for Indigenous Peoples’ rights and self-determination to be recognized in and integrated into national legislation, policies and governance.
The Permanent Forum expresses appreciation for Nepal being the only Asian country to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in 2007. Nevertheless, it is concerning that, even 10 years after ratification, the Government has not adopted a national action plan to implement the Convention. The Forum recommends that Nepal immediately adopt a national action plan, including in line with its commitment in the outcome document of the World Conference on Indigenous Peoples. The Forum urges other Asian States to consider ratifying the Convention as per the recommendations made by treaty bodies and in the universal periodic review.
The Inter-Agency Support Group on Indigenous Peoples’ Issues outlined an accountability framework involving United Nations resident coordinators to assess successes and challenges in implementing the Declaration. The Permanent Forum welcomes this initiative and urges the United Nations to ensure that this process is implemented, including in Member States that withhold recognition of Indigenous Peoples.
The Permanent Forum urges the Governments of Canada and Denmark and the government of Greenland to follow up on and implement the recommendations of the Special Rapporteur subsequent to his country visits in 2023. The Forum recommends that a human rights-based approach be taken when investigating and addressing the practices and impacts of the so-called intrauterine device campaign affecting Inuit women and adolescents in Greenland.
