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.
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.
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 decides to create a database of recommendations proposed by Forum members and observers during sessions of the Forum that are not reflected in reports of the sessions, for further consideration.
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.
Recognizing that the Inter-Agency Support Group on Indigenous Issues will play a central role in coordinating efforts among United Nations agencies to translate the outcome document of the World Conference on Indigenous Peoples into meaningful change, the Permanent Forum requests that the Group ensure that its membership includes all United Nations agencies, funds and programmes, including specialized agencies. The Forum recommends that the United Nations Development Programme, the United Nations Population Fund and the Advisory Board of the United Nations Office for Partnerships and other relevant United Nations agencies take the measures necessary for addressing the special situation of indigenous peoples in developed countries.
The Permanent Forum recommends that the Intergovernmental Panel on Climate Change prepare a special report within its seventh assessment cycle, led by Indigenous academics, scientists and traditional knowledge holders, to assess the opportunities for and threats against Indigenous Peoples in the areas of adaptation, mitigation, and loss and damage.