The Permanent Forum decides to hold an international expert group meeting to discuss in greater detail the way in which the Forum should address its mandate under article 42 of the Declaration.
The Forum recommends that States include independent indigenous experts in national human rights commissions
Recalling the recommendations made in paragraphs 4 to 11 of the report on its tenth session (E/2011/43-E/C.19/2011/14 and Corr.1) and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Permanent Forum expresses alarm regarding the contemporary application of the erroneous and discredited “doctrine of discovery” and its underlying assumptions, which promote the purported inferiority of indigenous peoples. This doctrine was applied in June 2012 by the British Columbia Court of Appeal to deny the land rights and title of the Tsilhqot’in to their traditional lands and territories by stating that “European explorers considered that by virtue of the ‘principle of discovery’ they were at liberty to claim territory in North America on behalf of their sovereigns”. The Forum strongly recommends that States, human rights bodies and judiciaries denounce the “doctrine of discovery” and discontinue its use and application.
The Permanent Forum recommends that human rights treaty bodies begin to undertake dialogue and cooperation with indigenous peoples’ organizations with a view to discussing the preparation of general comments relevant to indigenous peoples, and that those bodies be encouraged to formulate recommendations and general comments within their competence on the rights of indigenous peoples.
The Forum takes note of the recommendations of the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples following his latest visits to Chile, Colombia and Mexico. The Forum calls upon the Office of the High Commissioner to elaborate technical cooperation programmes to assist in the implementation of the recommendations.
The Permanent Forum recommends that the Government of Paraguay should remain firm in its commitment to cooperating with indigenous peoples’ organizations in order to find emergency solutions to the extremely serious situation of the indigenous communities that have been wholly dispossessed of their land, and to implement policies to ensure the reconstitution of their territory.
The Permanent Forum calls upon all member States and United Nations agencies to respond to the annual questionnaire from the secretariat of the Permanent Forum in order to provide information on reliable practices that lead to the full and effective implementation of the Declaration. Further, the Forum recommends that the secretariat of the Permanent Forum include questions that particularly focus on indigenous children and youth.
The Permanent Forum decides to appoint Myrna Cunningham and Alvaro Pop to prepare jointly with UNICEF a report on the situation of indigenous children in Latin America and the Caribbean and to present it to the Forum at its eleventh session.
The Permanent Forum urges States to expand opportunities to enable indigenous women to participate actively in the political life of the country in which they live. The Forum also urges States to ensure the safety of indigenous women who are defending the rights of their peoples and territories and to prosecute those persons involved in incidents of violence against them.
States are urged to allocate budgets in order to implement quality services to reduce maternal mortality and ensure indigenous women’s access to reproductive health services.
The Forum notes that the Fifth World Indigenous Education Conference will be held in New Zealand in November and December 2005, and urges UNESCO to seek to be actively involved in this conference, in particular in dissemination of information on UNESCO projects, programs and activities relating to indigenous education and relevant to UNESCO responsibilities in pursuing Millennium Development Goal 2
The Permanent Forum expresses its concern about the continuing and long-term negative impacts of large dams on indigenous peoples in many parts of the world. Many large dams continue to be planned for construction on indigenous lands. The Permanent Forum supports the implementation of the recommendations of the World Commission on Dams contained in its report Dams and Development: A New Framework for Decision-making. The implementation of these recommendations must be in accordance with the provisions set out in the United Nations Declaration on the Rights of Indigenous Peoples.