The Permanent Forum encourages States and United Nations agencies and funds to implement, in cooperation with indigenous peoples, proactive and substantive measures to realize the full and effective implementation of the rights affirmed in the United Nations Declaration on the Rights of Indigenous Peoples. These measures must include greater accessibility for indigenous learners who live in remote areas or in nomadic communities. The Forum calls upon States to respect and implement article 19 of the Declaration by ensuring the free, prior and informed consent of indigenous peoples before adopting and implementing legislative or administrative measures that affect them.
The Permanent Forum recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.