The Permanent Forum welcomes the recommendations of the international expert workshop on the World Heritage Convention and indigenous peoples, held in Copenhagen on 20 and 21 September 2012, and the anticipated establishment by the World Heritage Committee of a consultative body on the Operational Guidelines for the Implementation of the World Heritage Convention during its thirty-seventh session, to be held in Phnom Penh from 17 to 27 June 2013, in order to consider, among others, revisions to the guidelines relating to the human rights of indigenous peoples, including the principle of free, prior and informed consent. The Forum recommends that UNESCO and the World Heritage Committee implement the Convention in accordance with the rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples, taking an approach based on human rights. The Forum members will endeavour to participate in the thirty-seventh session of the Committee, including the meetings of the consultative body on the Operational Guidelines, as observers.
The Permanent Forum is pleased to note that indigenous peoples and their organizations increasingly avail themselves of the human rights procedures of the Human Rights Council and the international human rights instruments, and the increasing visibility of indigenous peoples’ issues within those mechanisms. In that regard, the Forum recommends that OHCHR continue to disseminate information and to conduct capacity-building activities on the United Nations human rights mechanisms for the promotion and protection of human rights.
The Forum reiterates the recommendations on the dissemination of information on indigenous issues, and invites indigenous peoples organizations, through the indigenous education caucus, to foster new forms and ways to further education and dissemination of information concerning the Forum to indigenous peoples communities and organizations, using radio programmes, publications and other appropriate cultural and educational media. The Forum recommends that the funds, programmes and organizations of the United Nations system assign appropriate resources and funds to achieve that objective.
The Forum recognizes the unique contributions made by indigenous women in terms of possessing and transmitting through the generations a wealth of traditional knowledge on the conservation of biodiversity and sustainable environmental management, and calls on the secretariat of the Convention for Biological Diversity, UNEP and all relevant United Nations bodies to mainstream indigenous gender issues and knowledge in national environmental policies and programmes.
However, elements of the Tkarihwaié:ri code of ethical conduct are voluntary. The Permanent Forum is concerned that paragraph one of the code is restrictive as it includes the following: “They should not be construed as altering or interpreting the obligations of Parties to the Convention of Biological Diversity or any other international instrument. They should not be interpreted as altering domestic laws, treaties, agreements or other constructive arrangements that may already exist.”
The Permanent Forum calls for urgent, serious and unprecedented action by the Economic and Social Council and the General Assembly, along with all United Nations bodies and agencies, recognizing that climate change is an urgent and immediate threat to human rights, health, sustainable development, food sovereignty, and peace and security, and calls upon all countries to implement the highest, most rigorous and most stringent levels of greenhouse gas reduction.
The Permanent Forum welcomes indigenous peoples’ contributions to the implementation of the Convention on Biological Diversity and the development of the post-2020 global biodiversity framework. The Forum underlines the need to develop a new programme of work and institutional arrangements on article 8 (j) and other provisions of the Convention with the full and effective participation of indigenous peoples. It recommends that the secretariat of the Convention facilitate a capacity-building process for indigenous peoples to enable them to prepare themselves for the development of new programmes of work and institutional arrangements.
The Permanent Forum recommends that States ensure that the territories of indigenous peoples in Asia be free of State military interventions and that military bases, camps and training centres established in indigenous territories without the free, prior and informed consent of indigenous peoples be removed immediately, consistent with articles 19 and 30 of the Declaration.
The Forum recommends that the Global Fund and UNAIDS participate in the Inter-Agency Support Group and that the Fund and UNAIDS present a report on the impact of their programmes and activities on indigenous peoples and communities to the Permanent Forum at its 2004 session, with specific focus on preventative programmes and activities impacting children and infants.
States should recognize the rights of indigenous peoples to food and nutritional security and the sustainable production and consumption of healthy and nutritious foods by using appropriate sustainable technology. There is a particular need to ensure that indigenous peoples who depend on marine and terrestrial resources be supported in protecting and ensuring their rights to and sustainable use of those resources.
The Permanent Forum calls upon the Government of the United States of America to comply with the provisions recognized in the Declaration and to ensure the rights of the Great Sioux Nation to participate in decision-making, as set out in article 19 of the Declaration, given that the construction of the Dakota access pipeline will affect their rights, lives and territory. Furthermore, the Forum recommends that the Government of the United States initiate an investigation of alleged human rights abuses by private security and law enforcement officers that occurred during protests to prevent construction of the pipeline.
The Permanent Forum recommends that the Pacific Islands Forum create a mechanism for contributions by and participation of indigenous peoples’ representatives in its meetings and related structures and activities.