The Permanent Forum urges States, with the effective participation of indigenous peoples, to address the concomitant loss of community citizenship and human rights when indigenous peoples are forced to migrate or are displaced by violent conflicts, with a particular emphasis on indigenous women.
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.
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.
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 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.
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.