The Permanent Forum recommends that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism pay particular attention to the impact of national security laws and anti-terrorism laws on indigenous peoples.
The Permanent Forum welcomes the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, on the international seminars on “Constitutional Reforms, Legislation and Implementation of Laws regarding the Rights of Indigenous Peoples” held in Geneva and Tucson, Arizona, in July and October 2005, respectively (E/CN.4/2006/78/Add.5). Concerned about the status of recommendations and the implementation gap, the Permanent Forum recommends to indigenous peoples’ organizations, non-governmental organizations and interested United Nations organizations and States that they hold United Nations expert seminars regarding the implementation of the Special Rapporteur’s recommendations and request that the results of the meetings be reported to the Permanent Forum at its sixth session.
The Forum welcomes the new initiatives undertaken by UNICEF with regard to indigenous children, in particular the ongoing development of a digest on the indigenous child, as well as a number of case studies aimed at understanding development programming to fulfill the rights of indigenous children. The Forum requests UNICEF to make the digest and the results of those studies available to the Forum at its third session.
The Permanent Forum recommends that States and the United Nations system, including United Nations country teams, provide support, including funding, for the efforts of indigenous peoples’ institutions to preserve and revitalize their languages, with the particular goal of fluency. Such efforts may include the sharing of positive experiences and the establishment of informal networks or caucuses involved in the promotion and revitalization of indigenous languages, as well as the use of information and communications technology in indigenous languages. It is important that States provide adequate funding for language revitalization and the preservation of cultural heritage as it relates to indigenous languages. In addition, States should facilitate funding for indigenous language projects from external donors, including the private sector, in accordance with law.
The Forum recognizes the instrumental role of the Inter-Agency Network on Women and Gender Equality (IANWGE) and welcomes the identification of "indigenous women" as an emerging key issue, the creation of a task force on indigenous women and the inclusion of an item on indigenous women in its 2005 agenda. The Forum requests its secretariat to transmit to it the results of the 2005 session of IANWGE on indigenous women.
The Permanent Forum recommends that WIPO commission the updating of the technical review of key intellectual property-related issues of the WIPO draft instruments on genetic resources, traditional knowledge and traditional cultural expressions, which was undertaken in 2016 by James Anaya (WIPO/GRTKF/IC/29/INF/10), to reflect current issues, with an emphasis on concepts such as “balancing” and “public domain” and how these might conflict with indigenous peoples’ human rights and customary laws, and the obligation to incorporate and respect human rights in the work of WIPO.
The Permanent Forum thanks the Governments of Canada and the United States of America for hosting its 2011 pre-sessional meeting, and thanks the Governments of the Plurinational State of Bolivia, Spain, Norway, Denmark and Greenland and China for having hosted previous pre-sessional meetings of the Forum. The Permanent Forum recommends that States that have not yet done so consider hosting future pre-sessional meetings. The Permanent Forum also requests that the Secretariat organize pre-sessional meetings for future sessions of the Forum.
The Permanent Forum reiterates its call to all Member States, intergovernmental organizations, the bodies and organizations of the United Nations system, in particular the Inter-Agency Support Group, non-governmental organizations and the private sector to cooperate fully with the preparatory processes and the World Conference.
The Permanent Forum calls upon Member States, guided by the spirit of solidarity with indigenous peoples and consistent with their capabilities, to provide support for the effective implementation of the outcomes of the World Conference in mutually agreed areas of cooperation within the framework of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum expresses concern regarding indigenous young people in situations in which they are increasingly migrating from their communities because of poverty, lack of economic opportunities and climate change. With a focus on Sustainable Development Goal 8, the Forum encourages ILO and IOM, in cooperation with indigenous peoples, to conduct a study, by 2021, on good practices on, opportunities for and challenges in generating culturally appropriate, decent work for indigenous young people. The study should inform the development of programmes and initiatives for indigenous youth employment, both in their communities and in the context of migration.
The Permanent Forum requests that States incorporate commitments made in the outcome document of the World Conference on Indigenous Peoples into the development of the post-2015 development agenda, especially the action points on data disaggregation, land rights, traditional knowledge, the implementation of free, prior and informed consent and access to justice presented by indigenous speakers in the thematic panels during the high-level stocktaking event, and reaffirm their commitments to indigenous peoples in the political declaration of the United Nations summit for the adoption of the post-2015 development agenda, with the following paragraph: We affirm that indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development, based on their security, of their lands, territories and resources. We commit ourselves to ensuring equal access to high-quality education that recognizes the diversity of the cultures of indigenous peoples, and to health, housing, water, sanitation and other economic and social programmes to improve their well-being, including through initiatives, policies and the provision of resources. We intend to empower indigenous peoples, including women, to deliver such programmes and commit ourselves to working with indigenous peoples to disaggregate data on indigenous peoples’ development and well-being.
Member States must take urgent measures to guarantee adequate and effective participation by indigenous peoples in the design and implementation of national plans for the transition to clean and green energy. Where States have already begun the development of such plans without the participation of indigenous peoples, they must take remedial action.