The Permanent Forum is concerned that the ruling of the African Court on Human and Peoples’ Rights on the Ogiek community in the Mau forest in Kenya has still not been implemented and calls on the Government of Kenya to urgently implement a sustainable system of equitable land tenure to prevent any further forced evictions; publish without delay the recommendations of the task force to advise the Government on the implementation of the decision of the African Court on Human and Peoples’ Rights in respect of the rights of the Ogiek community of Mau; enhance the participation of indigenous communities in the sustainable management of forests; and comply with the decision of the Court.
The Permanent Forum urges the international community to pay particular attention to the situation of the Batwa peoples, in particular Batwa women, and to support the inclusion of the San people and other indigenous groups in the national census. The Permanent Forum urges African States and their international development partners to review the poverty reduction strategy papers and other frameworks for integrating the specificities of such indigenous peoples as the Batwa, Pygmies, Touaregue, Amazigh, Khoisan and other hunter-gatherers or nomadic peoples in their countries, both in Central and in Southern Africa.
The Permanent Forum urges States that have not yet done so to ratify the Convention of the Rights of Migrant Workers and Members of Their Families.
The Permanent Forum recommends that the Special Rapporteur on the human rights of migrants pay special attention to the vulnerability of urban and migrant indigenous persons.
The Permanent Forum urges States and State-owned corporations to consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free, prior and informed consent before the approval of any policies, plans and projects affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of minerals, water and other resources, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
The Permanent Forum recommends that the Plurinational State of Bolivia should continue to link its policies for the freeing of individuals and the recovery of lands in the Chaco region with a view to the territorial reconstitution of the Guaraní people, which both the Government and APG consider the ultimate objective.
The Forum recommends that Member States, United Nations bodies and mechanisms, the Office of the United Nations High Commissioner for Human Rights and other parts of the United Nations system strengthen the machinery to address the urgent, gross and ongoing human rights violations, militarization of indigenous lands and systemic violence committed by Member States against indigenous peoples.
The Permanent Forum recommends that relevant special procedures of the Human Rights Council collaborate with each other and with other human rights bodies to address the situation of indigenous human rights defenders through monitoring, mediation, analysis and the provision of concrete recommendations for the effective protection of indigenous human rights defenders.
The Permanent Forum welcomes the study entitled “Free, prior and informed consent: a human rights-based approach” (A/HRC/39/62), prepared by the Expert Mechanism on the Rights of Indigenous Peoples. It encourages Member States, United Nations entities, including the International Labour Organization (ILO) and the World Bank, regional development banks, the private sector, civil society organizations and other stakeholders, to use the study as guidance for understanding the principle of free, prior and informed consent when working on issues of concern to indigenous peoples. The Forum also encourages indigenous peoples to use the study to guide the development of their own community protocols on free, prior and informed consent for engaging with these stakeholders.
The Permanent Forum reiterates the call, made at its fifth and eleventh sessions, upon United Nations agencies and funds to conduct and support regional and international human rights training programmes aimed at building the capacity and advocacy skills of indigenous youth. The Forum further recommends the use of youth forums, social media and other popular cultural forms of communication to disseminate information and training material on the rights of indigenous youth and to facilitate consultation processes at the national and international levels.
Adopt measures that ensure the full and effective participation of indigenous women in implementation, follow-up work and monitoring of the Beijing Platform for Action and the Millennium Development Goals
Combat, within an appropriate legal framework, and link with Millennium Development Goals, violence against women, including forced prostitution and trafficking of women and girls as well as domestic violence