Bearing in mind that the Permanent Forum on Indigenous Issues was named at a time when the United Nations Declaration on the Rights of Indigenous Peoples had not yet been adopted, and considering that the title of the Special Rapporteur on the rights of indigenous peoples was changed, two years ago, from its previous title of “Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people”, we strongly urge the Economic and Social Council to recommend that the name of the Forum be changed to “Permanent Forum on the Rights of Indigenous Peoples”.
The Permanent Forum welcomes the ratification on 15 April 2021 by the Bundestag of Germany of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO) and reiterates its recommendation to all Member States that have not ratified said Convention to do so as early as possible.
The Permanent Forum commends WIPO for the establishment of the Voluntary Fund for Accredited and Indigenous Local Communities, and urges Member States and public and private entities to contribute to the Fund to ensure its operation beyond the twenty-second session of the Intergovernmental Committee in accordance with States’ commitment to article 41 of the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum expresses its readiness to examine existing practices and
ways of developing various forms of administrative and territorial autonomy for
indigenous peoples’ communities whose representatives lead a traditional, nomadic
way of life, as part of the development of the guiding principles on indigenous
peoples’ autonomy and self-government as recommended in the study on indigenous
peoples’ autonomies: experiences and perspectives (E/C.19/2020/5). Such work will
be conducted by an online working group of the Permanent Forum. Indigenous
peoples’ organizations, representative decision-making bodies and institutions,
together with United Nations system entities, Member States and other stakeholders,
are invited to contribute financially and practically and to take an active part in the
work of the working group.
The Permanent Forum reiterates the importance of the legal recognition of
indigenous peoples within national constitutions. The Permanent Forum takes note of
the position expressed by the Government of Chile on the recognition of indigenous
peoples. The Permanent Forum invites Chile to provide an update on progress at the
twenty-second session of the Permanent Forum, to be held in 2023. Furthermore, the
Permanent Forum supports the call from indigenous peoples of Australia at the
meeting held in Uluru in 2017 for a process on the three core components of the Uluru
Statement from the Heart – “Voice, Treaty and Truth” – and constitutional recognition
of indigenous rights consistent with the United Nations Declaration on the Rights of
Indigenous Peoples.
The Permanent Forum welcomes and endorses general recommendation No. 39 (2022) on the rights of Indigenous women and girls of the Committee on the Elimination of Discrimination against Women. Recommendation No. 39 provides critical guidance to States parties on legislative, policy and other relevant measures to ensure the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women, while taking into account the rights of Indigenous women and girls derived from specific instruments for the protection of Indigenous Peoples, such as the United Nations Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169. The Permanent Forum calls upon Member States that have not yet done so to ratify without delay the Convention on the Elimination of All Forms of Discrimination against Women and ILO Convention No. 169.
The Permanent Forum recognizes development of renewable energy sources but remains alarmed that irresponsible development related to green technology and the green transition, has led, at times, to violations of Indigenous Peoples’ rights, including mineral extraction and the building of hydroelectric dams and other large-scale infrastructure without the free, prior and informed consent of Indigenous Peoples. The Permanent Forum recommends that Member States provide the resources necessary to develop and implement Indigenous Peoples’ own free, prior and informed consent protocols in such contexts.
The Permanent Forum urges Member States to make significant investments in bilingual and culturally appropriate primary, secondary and higher education programmes, including mobile education initiatives for nomadic, semi-nomadic and mobile communities. Furthermore, the Forum calls upon Member States to establish effective mechanisms to ensure Indigenous youth occupy central roles in policy and political arenas and to break down barriers to their full political participation and leadership.
The Permanent Forum recommends that the World Bank strengthen platforms for dialogue with Indigenous Peoples at all levels to create strategic opportunities that will give a voice to Indigenous Peoples’ priorities and concerns. The Forum further calls upon the World Bank to enhance and expand direct financing mechanisms for Indigenous Peoples, specifically linking these to national programmes, policy dialogue, and investments for sustainability in all ecosystems.