Considering the bloody wars and grave conflicts that have afflicted a range of States in Africa during the last decade, the Permanent Forum recommends that United Nations agencies (IOM, the Office of the United Nations High Commissioner for Refugees (UNHCR), UNICEF, UNFPA, the United Nations Development Fund for Women (UNIFEM), UNDP and WHO) and African States urgently convene a general meeting on health in order to evaluate the negative effects of these conflicts on the health of indigenous peoples and to find appropriate solutions to address the issue.
The Permanent Forum has decided to appoint members of the Forum, Megan Davis, Simon William M’Viboudoulou, Valmaine Toki, Paul Kanyinke Sena, Edward John, Álvaro Esteban Pop Ac and Raja Devasish Roy, to conduct a study on national constitutions and the United Nations Declaration on the Rights of Indigenous Peoples, with a view to assessing the nature and extent of the inclusion of indigenous peoples’ human rights in national constitutions, with reference to the rights affirmed in the Declaration, to be submitted to the eleventh session of the Permanent Forum in 2012.
The Forum wishes to express its appreciation to the Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples for his participation at the second session of the Forum and for his important contribution thereto. The Forum invites the Special Rapporteur to participate annually at its sessions and to inform the Forum on his work in accordance with his mandate.
The Permanent Forum encourages Member States, in particular those in Africa and Asia, to invite the Special Rapporteur on the rights of indigenous peoples to undertake country studies and promote best practices in realizing the rights of indigenous peoples.
The Permanent Forum takes note of the progressive decisions made by the African Court on Human and Peoples’ Rights in favour of the collective rights of indigenous peoples. The Forum is concerned about the lack of implementation and urges the Government of Kenya to fully implement its decisions on applications 006/2012 (African Commission on Human and Peoples’ Rights v. Republic of Kenya) and 276/03 (Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya).
The Permanent Forum recommends that the Office of the United Nations High Commissioner for Human Rights, ILO and UNESCO convene an expert workshop in cooperation with the Permanent Forum on the situation of indigenous peoples in voluntary isolation in order to develop strategies and programmes for the protection of their rights and territories and report to the Permanent Forum thereon at its next session.
The Permanent Forum recommends that the Secretary-General provide adequate human and financial resources for the purpose of meeting the requirements of articles 41 and 42 of the Declaration as they apply to the Permanent Forum.
The Forum recommends that Member States review their constitutions with respect to the recognition of the existence and rights of indigenous peoples, with the effective participation of indigenous peoples
The Permanent Forum notes that forced labour and all forms of servitude constitute serious human rights violations that it is urgent to address; it therefore urges the Government of Paraguay to combat these practices as a matter of urgency.
The Permanent Forum is convinced that a declaration on the rights of indigenous peoples will be an instrument of great value through which to advance the rights and aspirations of the world’s indigenous peoples. The Permanent Forum therefore recommends the adoption without amendments of the draft declaration on the rights of indigenous peoples as contained in the proposals of the Chairperson of the working group of the Commission on Human Rights on the draft United Nations declaration on the rights of indigenous peoples (see E/CN.4/2006/79, annex I) by the General Assembly during its sixty-first session in 2006. This would represent a major achievement for the Second International Decade of the World’s Indigenous People.
The Permanent Forum urges the funds, programmes and specialized agencies to have a special focus on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the system-wide action plan in a few designated countries in 2017 and 2018 and led by the United Nations resident coordinators. In selecting those countries for joint action, special attention should be given to countries that already are under focus, such as those that are carrying out voluntary national reviews for the high-level political forum on sustainable development, those that are under review by the Working Group on the Universal Periodic Review, those that are in the preparatory phases for a new United Nations Development Assistance Framework, or those in which a dialogue process between the State and the indigenous peoples is taking place.
Bearing in mind the principle of free, prior and informed consent as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum recommends that relevant UNICEF materials be translated into the languages of and made accessible to the indigenous peoples with whom the Fund is working so that they can participate fully in the planning and implementation of projects that directly or indirectly affect them.