UNICEF should consider developing projects to benefit indigenous children in developed countries as required, taking into consideration that many indigenous children in such countries, mainly those living in rural areas, face the same problems as indigenous children in developing countries.
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 acknowledges the equity policy of UNICEF and pays particular attention to vulnerable indigenous children and youth in terms of food security, shelter, health and education. UNICEF, in developing its indigenous peoples policy, should consider the standards set out in the United Nations Declaration on the Rights of Indigenous Peoples in relation to indigenous children and youth.
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.
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), the Forum encourages the Government of Bangladesh:
(a) To set a time frame for the full implementation of the Accord, including devolution of authority to the Chittagong Hill Tracts Regional Council and three Hill District Councils;
(b) To adopt the rules of business for the Chittagong Hill Tracts Land Commission and allocate sufficient human and financial resources for the Commission.
In “a spirit of partnership and mutual respect”, the Permanent Forum emphasizes the important standards set out in articles 18, 19 and 41 of the Declaration. Article 18 provides that “indigenous peoples have the right to participate in decision-making in matters that would affect their rights, through representatives chosen by themselves in accordance with their own procedures”, and article 19 provides that “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them”. Such equal, direct and meaningful participation by indigenous peoples throughout all stages of the World Conference is essential for the international community to achieve a constructive and comprehensive outcome that will genuinely improve the status and conditions of indigenous peoples worldwide.
The Permanent Forum recalls that in paragraph 7 of its report on its tenth session (E/2011/43-E/C.19/2011/14), it congratulated the International Fund for Agricultural Development on the establishment of the Indigenous Peoples’ Forum as an example of good practice that should be followed by other United Nations entities. The Forum urges other United Nations entities to report on their progress achieved in this regard to the Forum at its seventeenth session.
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.
The Permanent Forum welcomes the efforts of Member States, United Nations entities and other intergovernmental organizations to implement the Declaration, as reaffirmed in the outcome document of the World Conference on Indigenous Peoples, as well as the recommendations of the Forum, the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous People in various regions, and urges them to take specific measures in this regard.
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.