Considering their impact on the sexual health and reproductive rights of indigenous peoples, the Permanent Forum calls, in paragraph 62 of the report, for “a legal review of United Nations chemical conventions, in particular the Rotterdam Convention, to ensure that they are in conformity with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Rights of Persons with Disabilities”.
The Permanent Forum recommends that the Plurinational State of Bolivia should consider implementing the resolutions of the National Agrarian Reform Institute regarding the revocation of land titles on grounds of servitude in all matters affecting not only the freedom of individuals, but also the recovery of land for communities, thereby preventing legal proceedings from stalling a reform process that defends, promotes and protects human rights.
The Permanent Forum welcomes the announcement by New Zealand to endorse the United Nations Declaration on the Rights of Indigenous Peoples and the announcement by the United States of America that it will review its position on the Declaration. It also welcomes the indication by Canada in the 2010 Speech from the Throne that it will take steps to endorse the Declaration. The Forum recommends that the United States and Canada expedite their commitments made to endorse the Declaration
The Permanent Forum urges the international community to support the peace process in Mali and establish an independent monitoring committee that, in accordance with articles 7 and 37 of the United Nations Declaration, would oversee the implementation of the peace agreement of 20 June 2015, with the effective and representative participation of the Tuareg peoples.
Private sector stakeholders should, in the application of their guidelines and safeguard policies, ensure the protection of the rights of indigenous peoples, as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Respect for free, prior and informed consent is essential for enabling indigenous peoples to participate in and engage with private sector activities, including in forestry, agriculture, fishing and extractive industries.
Acknowledging the normative work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO), the Permanent Forum recommends that Member States and WIPO ensure protection against the misappropriation of the intellectual property of indigenous peoples. Member States must also enact laws and adopt policies and mechanisms to protect indigenous peoples’ intellectual property from misappropriation, including the wrongful use of their cultural heritage and traditional knowledge (including traditional knowledge of nature) and traditional cultural expressions (such as oral traditions, rites, literatures, graphic designs, textile designs, traditional sports and games, and visual and performing arts) and the manifestation of indigenous science and technology (including human and genetic resources, seeds and medicines).
The Permanent Forum recommends that, in order to ensure access to effective remedies, States enforce corporate compliance with relevant laws and standards. Transnational corporations and other business enterprises should put into place operational-level grievance mechanisms to provide early warning and help resolve problems before they escalate. Significant barriers to accessing effective judicial and non-judicial remedies persist, and the Forum supports the work of the Special Representative in identifying and proposing ways of eliminating those barriers.
Recalling the study on decolonization of the Pacific region (see E/C.19/2013/12), the Permanent Forum invites the relevant States to provide information on the status of the situation of the indigenous peoples concerned to the Permanent Forum at its sixteenth session.
Human rights defenders are increasingly targeted as terrorists for promoting and protecting decades-old guaranteed rights. This alarming trend is seen in every region. Even the Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz; former expert member of the Permanent Forum Joan Carling; and former member of the Expert Mechanism on the Rights of Indigenous Peoples José Molintas, have been declared terrorists in a petition by the Government of the Philippines. The Forum rejects this dangerous precedent and calls on the Government of the Philippines to remove their names, and the names of other indigenous leaders, from the petition and to ensure their safety as they continue promoting and protecting the rights of indigenous peoples. Further, the Forum urges the Government of the Philippines to repeal the Human Security Act, comply with its international human rights obligations and pursue its commitments under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.
The Forum reiterates its request to the Inter-Agency Expert Group on Sustainable Development Goal Indicators to make the land-related indicator operational, including on changing land use and the security of land tenure in the traditional territories of indigenous peoples.
The Forum recommends that the United Nations system, in particular UNICEF and WHO, in collaboration with Governments and in consultation with indigenous peoples’ organizations, and with the participation and input from the Committee on the Rights of the Child and the Special Rapporteur on the sale of children, child prostitution and child pornography, address issues related to the trafficking and sexual exploitation of indigenous girls, and urges States to create programmes of rehabilitation.
The Permanent Forum recommends that the United Nations Children’s Fund develop and adopt a comprehensive and distinct policy on indigenous children and young people, taking into account the human rights affirmed in the United Nations Declaration and in consultation and collaboration with indigenous peoples and indigenous children and youth organizations in particular.