The Permanent Forum welcomes the decision of the Special Rapporteur on the rights of indigenous peoples to prepare a study on intimidation, criminalization and violence of any form directed against indigenous peoples, communities or individuals, in particular those who defend their rights under the United Nations Declaration on the Rights of Indigenous Peoples. The Forum invites the Special Rapporteur to share her preliminary findings and recommendations with the Forum at its seventeenth session.
Recalling that the Human Rights Council will assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and complaint procedures; and recalling also that the Council shall complete the review within one year after the holding of its first session, the Permanent Forum strongly urges the Council to ensure the full participation of representatives of indigenous peoples in that review process. The Permanent Forum further urges the Council to maintain and improve mechanisms, mandates, special procedures, expert advice mechanisms and complaint procedures relevant and pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous peoples.
The Permanent Forum requests that the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people undertake a study on the rights of urban indigenous peoples and migration, paying particular attention to their ability to exercise and enjoy their economic and social rights, and that the study be considered at the eighth session of the Permanent Forum. The themes that could be considered in the study include cultural identity, equitable access to essential services, the challenges facing indigenous youth and border issues.
Pursuant to article 38 of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum reiterates its invitation to States to provide the Permanent Forum with substantive information on the implementation
of the Declaration and an assessment of the effectiveness of the Declaration at the national and local levels.
The Permanent Forum recommends that Paraguay should speed up the reform of INDI and of other institutions with competence in indigenous issues so that the proper participation of indigenous peoples will strengthen their democratic representation before the legislative and judicial powers, which are still reluctant to act.
Indigenous peoples have a profound relationship with their environment. This includes their distinct rights to water. The Permanent Forum urges States to guarantee those rights, including the right to access to safe, clean, accessible and affordable water for personal, domestic and community use. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner in which the right to water is realized must be sustainable for present and future generations. Moreover, indigenous peoples’ access to water resources on their ancestral lands must be protected from encroachment and pollution. Indigenous peoples must have the resources to design, deliver and control their access to water.
The Forum welcomes the participation of the Chairperson of the Committee on the Rights of the Child in the high-level panel and dialogue on indigenous children and youth held during its second session, and expresses the hope that that will lead to enhanced monitoring and promotion of the rights of indigenous children at the national and international levels. The Forum recommends that the Chairman of the Committee inform the next meeting of the Chairpersons of the human rights treaty bodies of the results of the high-level panel and dialogue. The Forum recommends that the Office of the United Nations High Commissioner for Human Rights transmit the results of the discussion of the Committee to the Forum at its third session.
Noting that the Convention on the Elimination of All Forms of Discrimination against Women makes no reference to indigenous women and that it does not take into account the specific nature of the gender dimension of racial discrimination, the Forum recommends that the Committee on the Elimination of Discrimination against Women:
a. Pay special attention to the issues related to maintaining the integrity of indigenous women and the gender dimension of racial discrimination against indigenous peoples;
b. Organize a meeting, in collaboration with indigenous women, UNIFEM, UNESCO and UNDP, with the objective of beginning a process to develop and adopt a general recommendation on indigenous women, including women living under colonization.
Improve and increase indigenous women's economic and social conditions through: (a) expansion of employment opportunities; (b) Promotion of the professionalization of their traditional skills, arts and crafts; c) Access to resources, including microcredit, new technologies and agricultural input; (d) Support the regional meetings of indigenous women and organize training on international, regional and national mechanisms
The Permanent Forum recommends that FAO create a technical working group on the collective rights of indigenous peoples to lands, territories and resources, which will provide technical outputs and publications informing indigenous peoples and the Forum.
Positive developments have been achieved in setting international human rights standards for the rights of indigenous peoples to lands, territories and resources, including by regional human rights mechanisms in Africa and the Americas. The Permanent Forum welcomes those developments, including the recent decision of the African Court on Human and Peoples’ Rights in the case of the Ogiek community in Kenya. The Forum encourages indigenous peoples and States to engage further with regional mechanisms and to implement their decisions effectively.
The Permanent Forum recommends that joint regional and/or thematic preparatory conferences, workshops or other events be organized with the support of Member States, United Nations agencies, funds and programmes and indigenous peoples, with the full participation of indigenous peoples and Member States, as well as the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum.