Effective access to justice for indigenous peoples implies access to both the State legal system and their own systems of justice. Without accessible State courts or other legal mechanisms through which they can protect their rights, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. Concurrently, the recognition of indigenous peoples’ own justice systems is pivotal in ensuring their rights to maintain their autonomy, culture and traditions.
UNICEF should consider developing projects to benefit indigenous children in developed countries as required, taking into consideration that many indigenous children in such countries, mainly those living in rural areas, face the same problems as indigenous children in developing countries.
In order to promote further knowledge of the Forum and the role of the United Nations among indigenous children and youth, the Forum decides to organize an indigenous youth art competition for the design of a logo for the Forum and to present the results to the Forum at its fourth session, in 2005, with the highest participation of indigenous children, including illiterate children.
The Permanent Forum urges all States to substantially increase the human and financial resources made available to all indigenous communities and schools to prevent self-harm and suicide among young people, and for holistic treatment based on cultural, spiritual and linguistic revitalization, providing healthy and positive lifestyle choices and access to traditional methods of counselling based on accurate and reliable data.
The Permanent Forum thanks the United Nations Educational, Scientific and Cultural Organization (UNESCO) for its efforts as the lead United Nations agency for the 2019 International Year of Indigenous Languages. The Forum recommends that UNESCO prepare a strategic outcome document of the 2019 International Year. The Forum invites Member States to consider discussing the outcome document at the General Assembly.
The Permanent Forum recommends that the United Nations Entity for Gender Equality and the Empowerment of Women prepare a specific report on the situation of indigenous women’s empowerment, in collaboration with the Forum and indigenous women’s organizations, for submission to the Forum at its seventeenth session.
Recalling the recommendations made by the Special Rapporteur appointed to undertake a study on the status of implementation of the Chittagong Hill Tracts Accord of 1997 (E/C.19/2011/6, sect. VIII), the Forum encourages the Government of Bangladesh:
(a) To set a time frame for the full implementation of the Accord, including devolution of authority to the Chittagong Hill Tracts Regional Council and three Hill District Councils;
(b) To adopt the rules of business for the Chittagong Hill Tracts Land Commission and allocate sufficient human and financial resources for the Commission.
The Permanent Forum recommends that United Nations entities, including the Inter-Agency Support Group on Indigenous Peoples’ Issues, take effective measures to support the promotion of indigenous languages and the successful implementation of the goals and objectives of the International Year, including in activities related to the implementation of the 2030 Agenda for Sustainable Development, the systemwide action plan on the rights of indigenous peoples, the celebration of international days and other processes.
The Permanent Forum recommends that United Nations agencies review their policies, which presently allow them to assist only indigenous peoples in developing countries, and to urgently revise such policies to ensure that all indigenous peoples, in both developed and developing countries, have access to resources, technical assistance and other support from all United Nations agencies and funds.
In “a spirit of partnership and mutual respect”, the Permanent Forum emphasizes the important standards set out in articles 18, 19 and 41 of the Declaration. Article 18 provides that “indigenous peoples have the right to participate in decision-making in matters that would affect their rights, through representatives chosen by themselves in accordance with their own procedures”, and article 19 provides that “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them”. Such equal, direct and meaningful participation by indigenous peoples throughout all stages of the World Conference is essential for the international community to achieve a constructive and comprehensive outcome that will genuinely improve the status and conditions of indigenous peoples worldwide.
The Permanent Forum recalls that in paragraph 7 of its report on its tenth session (E/2011/43-E/C.19/2011/14), it congratulated the International Fund for Agricultural Development on the establishment of the Indigenous Peoples’ Forum as an example of good practice that should be followed by other United Nations entities. The Forum urges other United Nations entities to report on their progress achieved in this regard to the Forum at its seventeenth session.
The Permanent Forum recommends that States and United Nations agencies apply the rights affirmed in the United Nations Declaration on the Rights of Indigenous Peoples throughout their operational frameworks for implementing the Programme of Action for the Decade, in particular its objective on free, prior and informed consent by indigenous peoples.