The Permanent Forum calls on the Special Rapporteur on violence against women, its causes and consequences and the Special Rapporteur on trafficking in persons, especially women and children to hold regional consultations with indigenous women in Asia, and requests that UNIFEM support such consultations.
The Permanent Forum continues to be deeply disturbed by the threats that the extractive industries, infrastructure megaprojects, such as roads and dams, legal and illegal logging, and the expansion of large-scale agriculture pose to the indigenous peoples living in voluntary isolation and initial contact. While recognizing the guidelines for the protection of indigenous peoples in voluntary isolation and initial contact in the Americas prepared by the Inter-American Commission on Human Rights and the corresponding guidelines elaborated by OHCHR, the Permanent Forum recommends that OHCHR, in cooperation with the Inter-American Commission on Human Rights and with the participation of indigenous peoples’ organizations, evaluate the progress made, identify implementation gaps and make recommendations to advance the protection of indigenous peoples living in voluntary isolation and initial contact and to guarantee their rights.
The Permanent Forum expresses concern over the misappropriation and misuse of indigenous peoples’ cultural heritage, traditional knowledge and traditional cultural expressions, and urges States and companies, in cooperation with indigenous peoples, to take effective measures to recognize and protect their rights, in accordance with article 31 of the United Nations Declaration on the Rights of Indigenous Peoples. In this regard, the Permanent Forum calls upon Member States to take measures to safeguard indigenous peoples’ rights to intellectual property by adopting laws and public policies, in which it is recognized that indigenous peoples have the right over their creations, knowledge, discoveries, works, traditional cultural expressions and other elements.
The Permanent Forum welcomes the intent of Nicaragua in drafting legislation on territorial regulation of Indigenous territories. The Permanent Forum urges Nicaragua to establish dialogue with the legitimate Indigenous authorities to initiate and conclude drafting of the legislation as soon as possible, in order to prevent repetition of the recent gross human rights violations against the Mayangna Sauni and Wilu communities, allegedly committed by armed settlers. It further urges Nicaragua to ensure that perpetrators are held to account through the justice system for the murders committed and for the destruction of property. Impunity is not an option.
The Permanent Forum was presented with horrific testimonies of Indigenous children incarcerated in prisons and other holding facilities. The Permanent Forum reminds Member States to fulfil their obligations under the Convention on the Rights of the Child in relation to the arrest, detention, or imprisonment of a child. No child should be in prison. In that regard, the Permanent Forum notes the finding in 2022 of the Supreme Court of Western Australia that the extensive solitary confinement and significant reduction in liberty of children, primarily Aboriginal children, was unlawful. The Permanent Forum calls upon Australia to respect the Court decision and remove its reservation to article 37 of the Convention on the Rights of the Child. The Permanent Forum recommends that Member States review and reform their child protection policies and systems to prevent undue removal of Indigenous children from their families and communities.
The Permanent Forum welcomes the Community Land Act of Kenya, which represents a critical step towards securing the land rights of Indigenous Peoples. The Forum reiterates its recommendation that the Government of Kenya implement a sustainable system of equitable land tenure to prevent further evictions of the Ogiek community in the Mau forest, and calls upon the Government to enhance the participation of Indigenous Peoples in the sustainable management of forests and to comply with the decision of the African Court on Human and Peoples’ Rights.
The Permanent Forum urges Canada and the United States to fund, expand and improve initiatives to end the epidemics that affect Indigenous Peoples, including the alarming rates of HIV, hepatitis C and sexually transmitted infections, especially among women, youth, persons with disabilities, and gender-diverse and two-spirited persons.