In the light of the study by Ms. Toki on the relationship between indigenous peoples and the Pacific Ocean and the dire effects of climate change, such as forced relocation and the loss of culture and livelihood, on vulnerable small island Pacific States, the Permanent Forum recommends that United Nations entities, including UN-Oceans, the United Nations Framework Convention on Climate Change and UNESCO, in addition to the International Seabed Authority, comply with and implement the relevant articles of the United Nations Declaration (arts. 18, 27 and 32), so as to ensure the full and effective participation of indigenous peoples. This should include meaningful participation, such as dedicated indigenous representation within each of these United Nations entities, and regard for indigenous peoples’ world views.
The Permanent Forum welcomes the participation, at its seventeenth session, of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination and invites the Working Group to conduct a study on private militaries and security companies in extractive industries and agribusiness and their impact on the human and collective rights of indigenous peoples.
The Forum recommends that WHO, the United Nations Development Programme, the United Nations Children’s Fund, and the United Nations Population Fund convene a workshop on indigenous health, with the goal of addressing a system-wide strategy to address the health needs of indigenous peoples and setting out the terms of reference for a study on the health needs of indigenous peoples, with particular emphasis on indigenous children and women including infant mortality, reproductive rights, sterilization, domestic abuse and addiction and the collection of data relating to these issues. The Forum recommends that its focal point and a representative of the Indigenous Peoples’ Caucus on Health be invited to attend and be provided the means to participate.
The Forum recommends that the United Nations agencies supporting and promoting the Healthy Environments for Children Alliance, namely WHO, UNICEF, UNEP and the United Nations Centre for Human Settlements (UN-HABITAT), include a particular focus on indigenous children and youth.
Noting the widespread malnutrition among indigenous peoples, the Permanent Forum urges the Food and Agriculture Organization of the United Nations (FAO) and the World Food Programme (WFP) to ensure that all interventions by those organizations aimed at reducing this problem in indigenous communities are based on assessments of the structural causes of the problem, including access to land and availability of natural resources. Moreover, methods of interventions should be sensitive to the social fabric and respectful of indigenous peoples’ models of development.
The Permanent Forum recommends that the World Health Organization, the United Nations Population Fund and other relevant entities coordinate in the formulation of key intercultural standards and indicators of quality of care to be considered in the definition of a future post-2015 goal on universal health coverage that includes the sexual and reproductive health of indigenous peoples.
The Permanent Forum calls upon States to ensure that racial non discrimination is guaranteed in their constitutions. The term “racial discrimination” means any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. The Forum calls upon States to adhere to the peremptory norm and the absolute prohibition against racial discrimination as well as all other forms of discrimination, including gender and age.
The Permanent Forum calls the attention of States to the need to create or strengthen national bodies with a mandate for the protection of the rights and interests of indigenous peoples in line with the Declaration. The Forum notes the efforts of certain States to create institutions for the rights and interests of indigenous peoples as Government bodies, including ombudsmen who deal with issues and situations regarding the protection of the rights and interests of indigenous peoples. It recommends that other States draw upon such experiences which highlight the promotion and protection of the rights of indigenous peoples.
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.
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.