While the concept of indigenous peoples in Africa has been conceptualized and adopted by African Union bodies, including at the Heads of State summits, there remains a need to raise awareness of indigenous peoples on the continent and for robust and effective measures, including legislative measures, to ensure recognition of and respect for their human rights. Likewise, while the rights of indigenous peoples have been supported in African courts and in decisions by the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, gaps in implementation remain widespread. The Permanent Forum urges the concerned States to implement the decision of the African Commission on Human and Peoples’ Rights, including in the Endorois case; the order of provisional measures of the African Court on Human and Peoples’ Rights in the Ogiek case; and the decision of the High Court of Botswana in the case concerning the Kalahari Game Reserve. These cases are important because they contribute to the development of jurisprudence on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
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 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.
Taking into account the challenges faced by States in the implementation of their international obligation to consult with and obtain the free, prior and informed consent of indigenous peoples, the Permanent Forum commits itself to developing an international guide to facilitate the implementation of these principles in accordance with the standards established in the United Nations Declaration. The Forum invites the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of indigenous peoples to collaborate on this initiative.
The Permanent Forum takes note of the concerns expressed by the African Indigenous Peoples Caucus on the announcement by the World Bank in February 2014 of its intention to map Africa’s mineral resources by using satellites and airborne mineral surveys. The Forum calls upon the World Bank, African Governments, investor Governments and the private sector to disclose information about the “billion-dollar map” project, prior to any intervention and in a transparent manner, and requests that commitments to international norms and standards in relation to the rights of indigenous peoples be recognized and respected. The Forum also recommends that the World Bank involve indigenous peoples’ representatives in the mapping process and that indigenous peoples’ free, prior and informed consent be respected, consistent with articles 19 and 41 of the Declaration.
Reinforce the investments in population and reproductive health which is crucial for the achievement of the Millennium Development Goals - to reduce poverty, achieve universal primary education, improve maternal and child health, curb the spread of HIV/AIDS, promote gender equality, ensure sustainable development, and establish a strong partnership for development
As a means of redefining approaches, countries with indigenous peoples are urged to incorporate the issues and challenges specifically faced by indigenous peoples directly into the framework of the Millennium Development Goal reports by: (a) including indigenous peoples within the context of the overall report; (b) including indigenous peoples in the context of meeting each specific goal; (c) including indigenous peoples in the planning of the overall report and each individual goal; and (d) including indigenous peoples’ effective participation in the planning process of future interventions, and in the implementation, monitoring and evaluation of programmes and projects that will directly or indirectly affect them.
The Forum recommends the full participation of indigenous peoples at the upcoming World Water Forum to be held in Mexico City in 2006, and the inclusion of indigenous rights and perspectives on water in that conference
The Forum recognizes the efforts of the World Bank in the consultation process and the review of its policy on indigenous peoples. The members of the Forum request that the final draft policy be made available to them before its presentation to the Board of the World Bank. The members of the Forum express their great interest in reviewing the draft policy and making recommendations, as well as in meeting with the Board of Executive Directors of the World Bank.
The Permanent Forum recommends that all indigenous peoples make use, whenever appropriate, of the early warning measures and urgent procedures established by the Committee on the Elimination of Racial Discrimination. These early warning measures and procedures are aimed at preventing existing situations from escalating into conflicts and respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the International Convention on the Elimination of All Forms of Racial Discrimination. The Forum also recommends that the Committee’s Working Group on Early Warning and Urgent Action Procedures urgently address the serious human rights violations and the criminalization of indigenous peoples in the Amazon in order for the Committee to take effective measures.
As part of the active engagement of IFAD with indigenous peoples’ issues, the Permanent Forum recommends that the Indigenous Peoples Assistance Facility be incorporated into the organization’s general budget so as to guarantee sustainability and the transfer of good practices and lessons learned within IFAD programmes and projects. The Permanent Forum also recommends that the facility extend its funding directly to indigenous peoples’ organizations. Support for indigenous peoples’ organizations should have as its point of departure the co-administration and co implementation of the projects.
The Forum recognizes the efforts of the World Bank in the consultation process and the review of its policy on indigenous peoples. The members of the Forum request that the final draft policy be made available to them before its presentation to the Board of the World Bank. The members of the Forum express their great interest in reviewing the draft policy and making recommendations, as well as in meeting with the Board of Executive Directors of the World Bank.